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

ISBN-13: 9781849463584 / Angielski / Miękka / 2012 / 569 str.

Olivier Corten

Opis

The Law Against War is a translated and updated version of a book published in 2008 in French (Le droit contre la guerre, Pedone). The book - now available in paperback - examines the prohibition of the use of armed force in contemporary positive international law. Some commentators claim that the field has undergone substantial changes arising especially since the end of the Cold War in the 1990s. More specifically, several scholars consider that the prohibition laid down as a principle in the United Nations Charter of 1945 should be relaxed in the present-day context of international relations, a change that would seem to be reflected in the emergence of ideas, such as 'humanitarian intervention, ' 'preventive war, ' or in the possibility of presuming Security Council authorization under certain exceptional circumstances. The argument is that, while marked changes have been observed - above all, since the 1990s - the legal regime laid down by the Charter remains founded on a genuine jus contra bellum and not on the jus ad bellum that characterized earlier periods. 'The law against war, ' as in the title of this book, is a literal rendering of the familiar Latin expression and, at the same time, it conveys the spirit of a rule that remains - without a doubt - one of the cornerstones of public international law. (Series: French Studies in International Law - No.

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.