Law Against War : The Prohibition on the Use of Force in Contemporary International Law

ISBN-13: 9781841139425 / Angielski / Twarda / 2010 / 569 str.

Olivier Corten

Opis

This book - an updated translation of the original French version Le droit contre la guerre (2008) by Pedone - presents an examination of the non-use of force in contemporary international law. Some authors, especially in recent years, have claimed that this field is undergoing an important metamorphosis as a result, in particular, of the requirements of the 'war against terror.' More specifically, some consider that the systematic prohibition laid down in the Charter of the United Nations (1945) should be made more flexible in the current context of international relations, allowing further development of new concepts, such as 'humanitarian intervention' and 'preemptive war, ' or providing for the possibility of presumptive authorization by the Security Council in certain exceptional circumstances. This highly original work suggests that if any notable changes can be observed, especially in the past two decades, State practice shows that the Charter system is still based on a true jus contra bellum and not on the jus ad bellum characterizing previous periods. In this sense, as the title of the book suggests, 'law against war' is not only a literal translation of the Latin expression, but evokes, at the same time, the spirit of a rule which remains undoubtedly one of the bases of public international law. *** -Corten's book is weighty not just by its size, but above all through the depth and comprehensiveness with which it analyzes the entirety of what the author calls the law against war, the jus contra bellum....A great work like the present one will undoubtedly make a contribution by intellectually solidifying its subject-matter and thus creating informed views in the minds also of international law practitioners.- - from the Preface by Bruno Simm

Spis treści

Part 1 : Outlines of the prohibition of resorting to force 1: Methodological debates and methodological options 1.1: The methodological debate relating to the non-use of force : extensive approach versus restrictive approach 1.2: Methodological options ensuing from the choice of a restrictive approach : conditions governing the evolution of the rule prohibiting the use of force 2 : Th subject matter of the prohibition : "resort to force" and "threat" 2.1: Prohibition of the resort to " force " 2.2: Prohibition of the " threat " of using force 3 : The impact of the prohibition : "International Relations" and effects on Third States 3.1:Resorting to force in " International Relations " - the problem of non-State actors 3.2: Third States in an armed conflict 4 : The peremptory nature of the prohibition of using force and its consequences 4.1 : A peremptory norm (jus cogens). 4.2 : A rule tolerating no circumstance precluding unlawfulness Part 2 : Limits to the prohibition of resorting to force 5 : Intervention by invitation 5.1 : The general legal system of military intervention by invitation 5.2 : The legal system of military intervention by invitation in an internal conflict 6 : Security Council authorization 6.1 : The general legal system of authorized military intervention 6.2 : The problem of the presumed authorization 7 : Self-defence 7.1 : The condition relating to the existence of an "armed attack" 7.2 : Necessity and proportionality 8 : Humanitarian Intervention 8.1 : The absence of recognition in legal instruments 8.2 : The absence of conclusive precedents.