International Law and the Use of Force

ISBN-10: 0199239150
ISBN-13: 9780199239153
Edition: 3rd 2008
List price: $65.00 Buy it from $41.38
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Description: This book explores the whole of the large and controversial subject of the use of force in international law; it examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the growing  More...

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Book details

List price: $65.00
Edition: 3rd
Copyright year: 2008
Publisher: Oxford University Press, Incorporated
Publication date: 9/15/2008
Binding: Paperback
Pages: 450
Size: 6.00" wide x 9.00" long x 1.00" tall
Weight: 1.254
Language: English

This book explores the whole of the large and controversial subject of the use of force in international law; it examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the growing importance of regional organizations in themaintenance of international peace and security.Since the publication of the second edition of International Law and the Use of Force the law in this area has continued to undergo a fundamental reappraisal. Operation Enduring Freedom carries on against Al Qaida and the Taliban in Afghanistan six years after the terrorist attacks of 11 September2001. Can this still be justified as self-defence in the 'war on terror'? Is there now a wide right of pre-emptive self-defence against armed attacks by non-state actors? The 2006 Israel/Lebanon conflict and the recent intervention of Ethiopia in Somalia raise questions about whether the 'war onterror' has brought major changes in the law on self-defence and on regime change. The 2003 invasion of Iraq gave rise to serious divisions between states as to the legality of this use of force and to talk of a crisis of collective security for the UN. In response the UN initiated major reports onthe future of the Charter system; these rejected amendment of the Charter provisions on the use of force. They also rejected any right of pre-emptive self-defence. They advocated a 'responsibility to protect' in cases of genocide or massive violations of human rights; the events in Darfur show thepractical difficulties with the implementation of such a duty.

Abbreviations
Law and force
Identification of the law
Effectiveness of the prohibition of the use of force
The prohibition of the use of force
Humanitarian intervention
Kosovo: a new role for NATO
Legality of Use of Force: the case before the International Court of Justice
The subsequent debate
A responsibility to protect?
Darfur
A right of pro-democratic intervention
Force and self-determination
Other claims under Article 2(4)
Invitation and intervention: civil wars and the use of force
Recent application of the law on intervention in civil wars: Africa after the Cold War
The Nicaragua case
Armed activities on the territory of the Congo (DRC v Uganda)
The right of a government to invite outside intervention
Classification of conflicts
Invitation by governments in practice
Intervention and protection of nationals
Intervention in response to prior foreign intervention
Chad 1975-1993
The identification of the government entitled to invite intervention
Forcible intervention to assist the opposition
Intervention and counter-intervention in Angola and Mozambique
The end of the Cold War and the start of the 'War on Terror'
Self-defence
Introduction
The academic debate
The role of the Security Council
The duty to report to the Security Council
Self-defence as a temporary right
Security Council measures and self-defence
The scope of self-defence
Armed attack
Cross-border action by irregular forces
Turkey, Iraq and the Kurds
Iranian Oil Platforms case
Gravity of attack
Necessity and proportionality
Accumulation of events
Protection of nationals
Anticipatory self-defence before the 'Bush doctrine'
Conclusion
Collective self-defence
The Nicaragua case
The meaning of armed attack
The actions of armed bands and irregular forces
The supply of arms
Frontier incidents
The distinction between armed attack and frontier incident in the Nicaragua case
Criticism of the distinction between armed attack and frontier incident
Arguments for the distinction between armed attack and frontier incident
The distinction and the Definition of Aggression
Other limits on the right of collective self-defence
Third state interest?
The duty to report to the Security Council under Article 51
Conclusion
The use of force against terrorism: a new war for a new century?
Previous practice
The impact of 9/11
The concept of armed attack after 9/11
Necessity and proportionality
Operation Enduring Freedom
Pre-emptive self-defence
How far has Operation Enduring Freedom been a turning point in the law on the use of force?
The Bush doctrine of pre-emptive self-defence
Iraq and pre-emptive self-defence
Allegations of links between Al Qaida and Saddam Hussein
Pre-emptive self-defence against the threat of Iraq's weapons of mass destruction
The next steps: North Korea and Iran
North Korea
Iran
Terrorist attacks after 9/11 and the international response
Intervention after Operation Enduring Freedom
Regime change
The 'War on Terror' extends
Israel, Syria and Lebanon 2001-2006
Israel/Lebanon 2006
Non-state actors
The role of the UN
Proportionality
Ethiopa/Somalia 2006
Conclusion
The UN and the use of force
The UN in the Cold War
Chapter VII action
The division of powers between the Security Council and the General Assembly
Peacekeeping during the Cold War
A New Legal Order? Chapter VII after the Cold War
Article 41: transformation
Peacekeeping after the Cold War
The end of Cold War conflicts
The start of new conflicts
Peacekeeping and enforcement action in Yugoslavia and Somalia: the burring of traditional distinctions
The extension of peacekeeping
Yugoslavia
Somalia
Contemporaneous peacekeeping and enforcement operations
Rwanda
The relation of UN peacekeeping and Chapter VII
Consent to peacekeeping
The use of force by peacekeeping operations
Reform of UN peacekeeping
The Brahimi Report and its implementation
Sierra Leone and the DRC
Recent peacekeeping operations
Peace Operations 2010
Conclusion
Security Council authorization for member states to use force
Express authorization
Member state operations in Africa (2003-2007)
Europe in Africa
Chad and the Central African Republic (CAR)
Kosovo
Afghanistan
The multinational force in Iraq (2003)
Implied (or revived) authorization to use force
Iraq 1991-2002
The 1999 Kosovo operation
Operation Iraqi Freedom (2003)
Security Council Resolution 1441 (2002)
The 'coalition' case for action
Conclusion
Regional peacekeeping and enforcement action
Introduction
Cooperation between the UN and regional organizations
The UN and the AU
The AU in Somalia: AMISOM
The AU in Darfur: AMIS
Joint operations
'Regional arrangements and agencies'
The constitutional bases for regional peacekeeping
ECOWAS action in Liberia
ECOWAS action in Sierra Leone
The legality of regional action in terms of the UN Charter and general international law
ECOWAS action in Liberia (1990-97)
The legality of the operation under the UN Charter
Consent of the host state
The impartiality of ECOMOG
Enforcement action
ECOWAS cooperation with a UN force
Conclusion
The former USSR
Tajikistan
Abkhazia, Georgia
ECOWAS action in Sierra Leone
A reinterpretation of Article 53 of the UN Charter?
A regional right to use force to restore democratic government?
Cote d'Ivoire
Liberia (2003) and the Central African Republic
Security Council authorization of use of force by regional organizations
Conclusion
Index

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