Law, War and the Penumbra of Uncertainty: Legal Cultures, Extra-Legal Reasoning and the Use of Force

ISBN-13: 9781316511985 / Angielski / Twarda / 2022 / 376 str.

Sam (King's College London) Selvadurai

Opis

An exploration into how uncertainty and political and ethical biases affect international law governing the use of force.

Recenzje

'The book takes a unique approach subjecting doctrinal legal questions to a forensic examination of how they are interpreted and applied in practice. It provides a bridge between law and policy, uncovering the reality of how States formulate their legal position on use of force. As such, it will be of much interest to scholars of law as well as those seeking to understanding policy and decision-making in this area.' Professor Noam Lubell, University of Essex

Spis treści

1. Introduction: investigating law, war and the penumbra of uncertainty; Part I. Varieties of uncertainty in the jus ad bellum: 2. Uncertainty about law in the jus ad bellum; 3. Uncertainty about facts in the jus ad bellum; Part II. The international court of justice, UK-based lawyers and the jus ad bellum: 4. Competing interpretive cultures of war; 5. Competing strategic cultures of law; Part III. Managing uncertainty: reconciling legal and extra-legal reasoning: 6. Legal risk, strategic assessment, forecasting and the jus ad bellum; 7. Uncertainty, risk management and duty to the law; 8. Conclusion: competing normative cultures of war; Bibliography; Index.