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International Law and the Use of Armed Force: The UN Charter and the Modern Powers


ISBN13: 9780415770989
Published: April 2007
Publisher: Routledge-Cavendish
Country of Publication: UK
Format: Hardback
Price: £145.00
Paperback edition , ISBN13 9780415495158



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This book examines how the UN Charter’s prohibition of force restrains the actions of the major powers, treating the Charter as both an instrument of international peace and international order.

Since the Charter came into effect in 1945, there have been numerous incidents in which one or more of the five major powers have violated the Charter’s Article 2(4) prohibition of force. Given the frequency of these illegal uses of armed force, how does the Charter’s prohibition of force function as a restraint upon the actions of the major powers? The recent Iraq War and other incidents have demonstrated the major powers’ continued willingness to use armed force against other states, but the effects that the Charter’s prohibition of force has had in such incidents have not been examined thoroughly.

International Law and the Use of Armed Force examines five historical cases: US intervention in the Caribbean 1953-61, Franco-British intervention in Egypt in 1956, Soviet intervention in Hungary in 1956, US-British intervention in Iraq 1990-98 and US-British intervention in Iraq 1999-2003

Subjects:
International Criminal Law
Contents:
1. Law, Power, and Argumentation
2. The UN Charter and Legal Argumentation
3. Persuasion, Legitimation, and Restraint
4. The UN Charter and United States Intervention in the Caribbean, 1953-1961
5. The UN Charter and Franco-British Intervention in Egypt, 1956
6. The UN Charter and Soviet Intervention in Hungary, 1956
7. The UN Charter and US-British Intervention in Iraq, 1990-1998
8. The UN Charter and US-British Intervention in Iraq, 1999-2003
9. Summary and Conclusion
Appendix: Overview of Cases Examined