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The Justification of War and International Order: From Past to Present

Edited by: Lothar Brock

ISBN13: 9780198865308
Published: February 2021
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £140.00



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The history of war is also a history of its justification. The contributions to this book argue that the justification of war rarely happens as empty propaganda. While it is directed at mobilizing support and reducing resistance, it is not purely instrumental. Rather, the justification of force is part of an incessant struggle over what is to count as justifiable behaviour in a given historical constellation of power, interests, and norms. This way, the justification of specific wars interacts with international order as a normative frame of reference for dealing with conflict. The justification of war shapes this order, and is being shaped by it. As the justification of specific wars entails a critique of war in general, the use of force in international relations has always been accompanied by political and scholarly discourses on its appropriateness. In much of the pertinent literature the dominating focus is on theoretical or conceptual debates as a mirror of how international normative orders evolve. In contrast, the focus of the present volume is on theory and political practice as sources for the re- and de-construction of the way in which the justification of war and international order interact. With contributions from international law, history, and international relations, and from Western and non-Western perspectives, this book offers a unique collection of papers exploring the continuities and changes in war discourses as they respond to and shape normative orders from early modern times to the present.

Subjects:
Public International Law
Contents:
Introduction
1: The Justification of War and International Order. From Past to Present
Hendrik Simon and Lothar Brock
Part I. Basic Theoretical Considerations: On War and Order(s)
2: Politics, Ethics and History in Just War
Anthony Lang, Jr.
3: Imperialism, International Law and War: Enduring Legacies and Curious Entanglements
Siddharth Mallavarapu
Part II. The Early Modern War Discourse: A Process of Transformation?
4: Princes' Justifications of War in Early Modern Europe: the Constitution of an International Community by Communication
Anuschka Tischer
5: The Legal Mechanics of Spanish Conquest: War and Peace in Early Colonial Peru
Arnulf Becker Lorca
6: Capitalism, British Grand Strategy and the Peace Treaty of Utrecht: Towards A Historical Sociology of War- and Peacemaking in the Construction of International Order
Benno Teschke
7: Kant's Rejection of Just War: International Order between Democratic Constitutionalism and Revolutionary Violence
Oliver Eberl
Part III. The 19th Century as the Birth Era of the Modern War Discourse
8: Anarchy over Law? Towards a Genealogy of Modern War Justifications (1789-1918)
Hendrik Simon
9: Protection Emergencies: Justifying Measures Short of War in the British Empire
Lauren Benton
10: The Great War and International Law: German Justifications of Prevention and Pre-emptive Self-Defence
Isabel V. Hull
11: Salvation through War? The Ottoman Search for Sovereignty in 1914
Aimee Genell and Mustafa Aksakal
12: Juridification, Politicisation, and Circumvention of Law: (De-)Legitimising Chemical Warfare before and after Ypres, 1899-1925
Miloš Vec
Part IV. From the League to the UN: The Universe of Western International Legal Order Revealing its Self-Contradictions
13: Peace through Law: Lessons from 1914
B.S. Chimni
14: Re-Ordering the World from the Skies? The Emergence and Justification of Aerial Warfare
Thomas Hippler
15: The Justificatory Potential of International Law. National Socialists' Dreams of African Colonies
Felix Lange
Part V. 'Democratic Wars' and the Post-Cold War International Order: Rise and Decline of the 'Liberal Peace'
16: 'What We Are Fighting For': Democracies' Justifications of Using Armed Force since the End of the Cold War
Anna Geis and Wolfgang Wagner
17: The War on Terror and the Law of War: Shaping International Order in the Context of Irregular Violence
Michael Stohl
18: 'We Are Going to War.' Narratives of Self-Defence & Responsibility in Afghanistan War Documentaries
Axel Heck and Gabi Schlag
19: Justifying Interventions - The Case of ECOWAS in Liberia
Nina Wilén
20: Humanitarian Intervention: Justifying War for a New International Order
Beate Jahn
Part VI. Alternative Paths: Non-Western Perspectives on the Justification of War and International Order from Past to Present
21: The Islamic Law of War and Peace and the International Legal Order: Convergence or Dissonance?
Sohail H. Hashmi
22: In the Name of State Sovereignty? The Justification of War in Russian History and the Present
Paul Robinson and Mikhail Antonov
23: China's Approach to the Use of Force: A Short Review of China's Changing Attitudes towards the Justification of Humanitarian Intervention
Manjiao Chi
Part VII. International Rule of Law: Justifying, Contesting and Perpetuating the Use of Force
24: Justified: Just War and the Ethics of Violence and World Order
Chris Brown
25: How Many Deaths Can Art 2 (4) UN Charter Die?
Thilo Marauhn
26: Justification and Critique: Humanitarianism and Imperialism over Time
B.S. Chimni
27: The Justification and Critique of Coercion as World Order Politics
Christopher Daase and Nicole Deitelhoff
An Attempt at a Synthesis
28: Justifications of the Use of Force as Constitutive Elements of World Order - Points of Departure, Arrivals and Moving Destinations
Lothar Brock and Hendrik Simon