ISBN : 9780198806219
The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition ofThe prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.
I Introduction
1: Too Much History: From War as a Sanction to the Sanctioning of War, Randall Lesaffer
2: Law of Nations or Perpetual Peace? Two Early International Theories on the Use of Force, Daniele Archibugi, Mariano Croce, and Andrea Salvatore
3: The Limitations of Traditional Rules and Institutions Relating to the Use of Force, Michael Glennon
4: The Continued Relevance of Established Rules and Institutions Relating to the Use of Force, James Crawford and Rowan Nicholson
5: Feminist Perspectives on the Law on the Use of Force, Gina Heathcote
6: The Collective Security System and the Enforcement of International Law, Jean d'Aspremont
7: Changing Jus Cogens through State Practice? - the Case of the Prohibition of the Use of Force and its Exce ptions, Alexander Orakhelashvili
II Collective Security and the Non-use of Force
8: Reconfiguring the UN System of Collective Security, Ramesh Thakur
9: Outsourcing the Use of Force: Towards More Security Council Control of Authorized Operations?, Niels Blocker
10: When the Security Council is Divided: Imprecise Authorizations, Implied Mandates, and the 'Unreasonable Veto', Ian Johnstone
11: United Nations Security Council Practice in Relation to Use of Force in No-Fly Zones and Maritime Exclusion Zones, Rob McLaughlin
12: Military Sanctions Enforcement in the Absence of Express Authorization?, Penelope Nevill
13: The Relationship Between the UN Security Council and General Assembly in Matters of International Peace and Security, Nigel D. White
14: Regional Organizations and Arrangements: Authorization, Ratification or Independent Action, Erika de Wet
15: Use of Force: Justiciability and Admissibility, A. Mark Weisburd
16: The Use of Force in United Nations Peace-keeping Operations, Scott Sheeran
17: Mandated to Protect: Security Council Practice on the Protection of Civilians, Haidi Willmot and Ralph Mamiya
18: Self-defence, Protection of Humanitarian Values and the Doctrine of Impartiality and Neutrality in Enforcement Mandates, Nicholas Tsagourias
19: Transparency, Accountability, and Responsibility for Internationally Mandated Operations, Charlotte Ku
20: Failure to Protect in International Law, Andre Nollkaemper
III The Prohibition of the Use of Force, Self-Defence, and other Concepts
21: The Ban on the Use of Force in the UN Charter, Nico Schrijver
22: Intervention, Armed Intervention, Armed Attack, Threat to Peace, Act of Aggression, and Threat or Use of Force - What's the Difference?, Jan Klabbers
23: The Prohibition of the Use of Force and Non-intervention: Ambition and Practice in the OAS region, Jen Michel Arrighi
24: The Crime of Aggression at the International Criminal Court, Sean Murphy
25: The International Court of Justice and the 'Principle of Non-Use of Force', Claus Kress
26: The Prohibition of the Use of Force in Arbitrations and Fact-Finding Reports, Vaios Koutroulis
27: The Resilience of the Restrictive Rules on Self-defence, Jorg Kammerhofer
28: Self-defence and Collective Security: Key Distinctions, Sir Michael Wood
29: Taming the Doctrine of Preemption, Ashley Deeks
30: Can Non-state Actors Mount an Armed Attack?, Kimberley Trapp
31: The Problem of Imminence in an Uncertain World, Noam Lubell
32: Action against Host States of Terrorist Groups, Lindsay Moir
33: When Does Self-defence End?, Terry Gill
34: Theatre of Operations, Jean Christophe Martin
IV Action on Behalf of Peoples and Populations
35: Humanitarian Intervention, Sir Nigel Rodley
36: Pro-democratic Action, David Wippman
37: Intervention by Invitation, Gregory H. Fox
38: National Liberation in the Context of Post- and Non-Colonial Struggles for Self-Determination, Elizabeth Chadwick
V Revival of Classical Concepts?
39: Necessity, Olivier Corten
40: Retaliation and Reprisal, Shane Darcy
41: Hot Pursuit, Bill Gilmore
42: The Threat of the Use of Force and Ultimata, Anne Lagerwall and François Dubuisson
43: Blockades and Interdictions, Wolff Heintschel von Heinegg
44: Rescuing Nationals Abroad, Mathias Forteau
45: Peace Settlements and the Prohibition of the Use of Force, Martin Waelisch
46: The Effects of a State of War or Armed Conflict, Marina Mancini
VI Emerging Areas?
47: Proliferation of Weapons of Mass Destruction and Shipping Interdiction, Guglielmo Verdirame and Vasco Becker Weinberg
48: The Implications of the Proliferation of Weapons of Mass Destruction for the Prohibition of the Use of Force, Daniel Joyner
49: The Use of Force Against Pirates, Douglas Guilfoyle
50: The Changing Environment and Emerging Resource Conflicts, Marco Pertile
51: Remotely Piloted Warfare as a Challenge to the Ius ad Bellum, Jordan Paust
52: The Use of Cyber Force and International Law, Michael Schmidt
53: Private Military Companies and the Jus ad Bellum, Ian Ralby
VII General Problems
54: Ius Cogens and the Use of Armed Force, Andre de Hoogh
55: The Principle of Proportionality from a us ad Bellum Perspective, Theodora Christodoulidou and Kalliopi Chainoglou
56: The Relationship Between Ius ad Bellum and Jus in bello, Keiichiro Okimoto
57: Consequences for Third States as a Result of an Unlawful Use of Force, Paolo Palchetti
