The Oxford Handbook of the Use of Force in International Law (eBook, PDF)

Redaktion: Weller, Marc

• Format: PDF

Produktbeschreibung

The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition ofThe prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.

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Produktdetails

• Verlag: Oxford University Press
• Seitenzahl: 1328
• Erscheinungstermin: 15. Januar 2015
• Englisch
• ISBN-13: 9780191653902
• Artikelnr.: 42371068

Autorenporträt

Marc Weller is Professor of International Law and International Constitutional Studies, University of Cambridge. He became a member of the Faculty of Law of the University of Cambridge in 1990. From 1997-2000 he was Deputy Director of the Centre of International Studies. He has been Director of Graduate Education in the Department of Politics and International Studies of the University since 2008. Professor Weller holds Masters degrees from the Fletcher School of Law and Diplomacy and the University of Cambridge, and Doctorates in Law, in Economic and Social Sciences, and in International Law from the Universities of Frankfurt, Hamburg and Cambridge respectively. Jake William Rylatt is Research Assistant to the Legal Tools for Peace-Making Project, Lauterpacht Centre for International Law, University of Cambridge Alexia Solomou is Associate Legal Officer, International Court of Justice.

Inhaltsangabe

* I Introduction
* 1: Randall Lesaffer: Too Much History: From War as a Sanction to the
Sanctioning of War
* 2: Daniele Archibugi, Mariano Croce, and Andrea Salvatore: Law of
Nations or Perpetual Peace? Two Early International Theories on the
Use of Force
* 3: Michael Glennon: The Limitations of Traditional Rules and
Institutions Relating to the Use of Force
* 4: James Crawford and Rowan Nicholson: The Continued Relevance of
Established Rules and Institutions Relating to the Use of Force
* 5: Gina Heathcote: Feminist Perspectives on the Law on the Use of
Force
* 6: Jean d'Aspremont: The Collective Security System and the
Enforcement of International Law
* 7: Alexander Orakhelashvili: Changing Jus Cogens through State
Practice? - the Case of the Prohibition of the Use of Force and its
Exce ptions
* II Collective Security and the Non-use of Force
* 8: Ramesh Thakur: Reconfiguring the UN System of Collective Security
* 9: Niels Blocker: Outsourcing the Use of Force: Towards More Security
Council Control of Authorized Operations?
* 10: Ian Johnstone: When the Security Council is Divided: Imprecise
Authorizations, Implied Mandates, and the 'Unreasonable Veto'
* 11: Rob McLaughlin: United Nations Security Council Practice in
Relation to Use of Force in No-Fly Zones and Maritime Exclusion Zones
* 12: Penelope Nevill: Military Sanctions Enforcement in the Absence of
Express Authorization?
* 13: Nigel D. White: The Relationship Between the UN Security Council
and General Assembly in Matters of International Peace and Security
* 14: Erika de Wet: Regional Organizations and Arrangements:
Authorization, Ratification or Independent Action
* 15: A. Mark Weisburd: Use of Force: Justiciability and Admissibility
* 16: Scott Sheeran: The Use of Force in United Nations Peace-keeping
Operations
* 17: Haidi Willmot and Ralph Mamiya: Mandated to Protect: Security
Council Practice on the Protection of Civilians
* 18: Nicholas Tsagourias: Self-defence, Protection of Humanitarian
Values and the Doctrine of Impartiality and Neutrality in Enforcement
Mandates
* 19: Charlotte Ku: Transparency, Accountability, and Responsibility
for Internationally Mandated Operations
* 20: Andre Nollkaemper: Failure to Protect in International Law
* III The Prohibition of the Use of Force, Self-Defence, and other
Concepts
* 21: Nico Schrijver: The Ban on the Use of Force in the UN Charter
* 22: Jan Klabbers: Intervention, Armed Intervention, Armed Attack,
Threat to Peace, Act of Aggression, and Threat or Use of Force -
What's the Difference?
* 23: Jen Michel Arrighi: The Prohibition of the Use of Force and
Non-intervention: Ambition and Practice in the OAS region
* 24: Sean Murphy: The Crime of Aggression at the International
Criminal Court
* 25: Claus Kress: The International Court of Justice and the
'Principle of Non-Use of Force'
* 26: Vaios Koutroulis: The Prohibition of the Use of Force in
Arbitrations and Fact-Finding Reports
* 27: Jorg Kammerhofer: The Resilience of the Restrictive Rules on
Self-defence
* 28: Sir Michael Wood: Self-defence and Collective Security: Key
Distinctions
* 29: Ashley Deeks: Taming the Doctrine of Preemption
* 30: Kimberley Trapp: Can Non-state Actors Mount an Armed Attack?
* 31: Noam Lubell: The Problem of Imminence in an Uncertain World
* 32: Lindsay Moir: Action against Host States of Terrorist Groups
* 33: Terry Gill: When Does Self-defence End?
* 34: Jean Christophe Martin: Theatre of Operations
* IV Action on Behalf of Peoples and Populations
* 35: Sir Nigel Rodley: Humanitarian Intervention
* 36: David Wippman: Pro-democratic Action
* 37: Gregory H. Fox: Intervention by Invitation
* 38: Elizabeth Chadwick: National Liberation in the Context of Post-
and Non-Colonial Struggles for Self-Determination
* V Revival of Classical Concepts?
* 39: Olivier Corten: Necessity
* 40: Shane Darcy: Retaliation and Reprisal
* 41: Bill Gilmore: Hot Pursuit
* 42: Anne Lagerwall and François Dubuisson: The Threat of the Use of
Force and Ultimata
* 43: Wolff Heintschel von Heinegg: Blockades and Interdictions
* 44: Mathias Forteau: Rescuing Nationals Abroad
* 45: Martin Waelisch: Peace Settlements and the Prohibition of the Use
of Force
* 46: Marina Mancini: The Effects of a State of War or Armed Conflict
* VI Emerging Areas?
* 47: Guglielmo Verdirame and Vasco Becker Weinberg: Proliferation of
Weapons of Mass Destruction and Shipping Interdiction
* 48: Daniel Joyner: The Implications of the Proliferation of Weapons
of Mass Destruction for the Prohibition of the Use of Force
* 49: Douglas Guilfoyle: The Use of Force Against Pirates
* 50: Marco Pertile: The Changing Environment and Emerging Resource
Conflicts
* 51: Jordan Paust: Remotely Piloted Warfare as a Challenge to the Ius
ad Bellum
* 52: Michael Schmidt: The Use of Cyber Force and International Law
* 53: Ian Ralby: Private Military Companies and the Jus ad Bellum
* VII General Problems
* 54: Andre de Hoogh: Ius Cogens and the Use of Armed Force
* 55: Theodora Christodoulidou and Kalliopi Chainoglou: The Principle
of Proportionality from a us ad Bellum Perspective
* 56: Keiichiro Okimoto: The Relationship Between Ius ad Bellum and
Jus in bello
* 57: Paolo Palchetti: Consequences for Third States as a Result of an
Unlawful Use of Force