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The Use of Force in International Law

Edited by: Tarcisio Gazzini, Nicholas Tsagourias

ISBN13: 9780754629481

Published: February 2012

Publisher: Routledge

Country of Publication: UK

Format: Hardback

Price: £300.00

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This volume of essays examines the development of political and legal thinking regarding the use of force in international relations. It provides an analysis of the rules on the use of force in the political, normative and factual contexts within which they apply and assesses their content and relevance in the light of new challenges such as terrorism, weapons of mass destruction and cyber-attacks.

The volume begins with an overview of the ancient and medieval concepts of war and the use of force and then concentrates on the contemporary legal framework regulating the use of force as moulded by the United Nations Charter and state practice. In this regard it discusses specific issues such as the use of force by way of self-defence, armed reprisals, forcible reactions to terrorism, the use of force in the cyberspace, humanitarian intervention and the responsibility to protect.

This collection of previously published classic research articles is of interest to scholars and students of international law and international relations as well as practitioners in international law.

Subjects:: Public International Law

Contents:: Introduction; Part I Ancient-Medieval: War, peace, and international law in Ancient Greece, V. Alonso; The evolution of the concept of the just war in international law, J. von Elbe; War and peace in Islam, B. Tibi.; Part II League of Nations Era: International law and resort to armed force, J.L. Brierly; Collective security, A.D. McNair.; Part III United Nations Era: Collective security and collective self-defense under the Charter of the United Nations, H. Kelsen; Bellum justum and bellum legale, J. Kunz; Who killed Art.; 2 (4)? Or: the changing norms governing the use of force by states, T.M. Franck; The reports of the death of Article 2 (4) are greatly exaggerated, L. Henkin; In defense of international rules on the use of force, O. Schacter; The exception of self-defence in UN practice, J. Combacau; Reprisals involving armed force, D.W. Bowett; Armed reprisals, R. Barsotti.; Part IV Terrorism, Weapons of Mass Destruction and Information Warfare: On the necessity of pre-emption, A. Sofaer; International law and pre-emptive use of force: Afghanistan, Al-Qaida, and Iraq, C. Greenwood; The use of force against terrorists, C. Tams; Computer network attack and the use of force in international law: thoughts on a normative framework, M.N. Schmitt; Information warfare as international coercion: elements of a legal framework, C.C. Joyner and C. Lotrionte. Part V Humanitarian Intervention and the Responsibility to Protect: The customary international law doctrine of humanitarian intervention: its current validity under the UN Charter, J.-P.L. Fonteyne; Humanitarian intervention: legality, justice and legitimacy, T. D. Gill; The responsibility to protect, S. Zifcak; The responsibility to protect a doctrine and humanitarian intervention: too many ambiguities for a working doctrine, C. Focarelli; Name index.