Law Against War The Prohibition on the Use of Force in Contemporary International Law

Name: Law Against War The Prohibition on the Use of Force in Contemporary International Law
Price: 52.91 USD
Availability: InStock
ISBN: 9781849463584

ISBN-10: 1849463581

ISBN-13: 9781849463584

Edition: 2012

Authors: Olivier Corten, Bruno Simma, Emmanuelle Tourme Jouannet, Christopher Sutcliffe

List price: $41.99

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Description:

'The Law Against War' is a translated and updated version of a book published in 2008 in French (Le droit contre la guerre, Pedone). The aim of this book is to study the prohibition of the use of armed force in contemporary positive international law. Some commentators claim that the field has undergone substantial changes arising especially since the end of the Cold War in the 1990s. More specifically, several scholars consider that the prohibition laid down as a principle in the United Nations Charter of 1945 should be relaxed in the present-day context of international relations, a change that would seem to be reflected in the emergence of ideas such as 'humanitarian intervention',…

Book details

List price: $41.99
Copyright year: 2012
Publisher: Bloomsbury Publishing Plc
Publication date: 3/5/2012
Binding: Paperback
Pages: 569
Size: 6.14" wide x 9.21" long x 0.55" tall
Weight: 1.804
Language: English




Outlines of the prohibition of resorting to force



Methodological debates and methodological options



The methodological debate relating to the non-use of force : extensive approach versus restrictive approach



Methodological options ensuing from the choice of a restrictive approach : conditions governing the evolution of the rule prohibiting the use of force



Th subject matter of the prohibition : "resort to force" and "threat"



Prohibition of the resort to " force "



Prohibition of the " threat " of using force



The impact of the prohibition : "International Relations" and effects on Third States



Resorting to force in " International Relations " - the problem of non-State actors



Third States in an armed conflict



The peremptory nature of the prohibition of using force and its consequences



A peremptory norm (jus cogens)



A rule tolerating no circumstance precluding unlawfulness



Limits to the prohibition of resorting to force



Intervention by invitation



The general legal system of military intervention by invitation



The legal system of military intervention by invitation in an internal conflict



Security Council authorization



The general legal system of authorized military intervention



The problem of the presumed authorization



Self-defence



The condition relating to the existence of an "armed attack"



Necessity and proportionality



Humanitarian Intervention



The absence of recognition in legal instruments



The absence of conclusive precedents