Paperback
Regulating the Use of Force in International Law
Stability and Change
9781803928456 Edward Elgar Publishing
This book provides a comprehensive and detailed analysis of the nature, content and scope of the rules regulating the use of force in international law as they are contained in the United Nations Charter, customary international law and international jurisprudence. It examines these rules as they apply to developing and challenging circumstances such as the emergence of non-State actors, security risks, new technologies and moral considerations.
More Information
Critical Acclaim
Contents
More Information
This book provides a comprehensive and detailed analysis of the nature, content and scope of the rules regulating the use of force in international law as they are contained in the United Nations Charter, customary international law and international jurisprudence.
The book’s scope is broad and covers the prohibition on the threat or use of force; the use of force in self-defence; the use of force as part of the United Nations collective security system; the use of force by regional organisations; the use of force in peacekeeping operations; the use of force for humanitarian purposes; the use of force by invitation; armed reprisals; the use of force by and against non-State actors; and the use of force in cyberspace. The book takes an insightful look at the rules regulating the use of force as they are called upon to apply to changing and challenging circumstances such as the emergence of non-State actors, security risks, new technologies and moral considerations. Its arguments balance the interests of stability and change in order to enhance international law''s regulatory potential regarding the use of force.
This book is an important resource for students and scholars of international law, the use of force and collective security and for practitioners involved in the interpretation and application of these legal frameworks.
The book’s scope is broad and covers the prohibition on the threat or use of force; the use of force in self-defence; the use of force as part of the United Nations collective security system; the use of force by regional organisations; the use of force in peacekeeping operations; the use of force for humanitarian purposes; the use of force by invitation; armed reprisals; the use of force by and against non-State actors; and the use of force in cyberspace. The book takes an insightful look at the rules regulating the use of force as they are called upon to apply to changing and challenging circumstances such as the emergence of non-State actors, security risks, new technologies and moral considerations. Its arguments balance the interests of stability and change in order to enhance international law''s regulatory potential regarding the use of force.
This book is an important resource for students and scholars of international law, the use of force and collective security and for practitioners involved in the interpretation and application of these legal frameworks.
Critical Acclaim
‘The book is a worthwhile contribution to the literature on the legal regulation of the use of force and will be useful both to the expert and the relative novice in this field. Its contribution lies in the depth of argument on most issues and the expertise of the authors, alongside the clarity of their presentation of often complex issues in an accessible form.’
– T D Gill, The British Yearbook of International Law
‘Professors Buchan and Tsagourias have produced an exceptional exploration of how the international legal system regulates force. They expertly consider the subject from historical, contemporary and future perspectives. Students, scholars and practitioners alike will benefit from this full-spectrum study of how the UN Charter framework interacts and evolves with customary and other supplemental legal sources. They adroitly integrate political and moral considerations without compromising the rigour of their legal work to produce a formidable and lasting contribution to this challenging field of law.’
– Professor Sean Watts, United States Military Academy at West Point, US
‘A compelling review and reassessment of the jus ad bellum, which fully takes account of the dramatically changing landscape of international relations, the erosion of state sovereignty and the emergence of new technologies.’
– Professor Nigel D. White, University of Nottingham, UK
‘This is a lively, readable and concise account of the regulation of the use of force, bursting with contemporary examples. The use of force is perhaps the most contentious area of international law, its terms being loaded with presuppositions about law, politics and social relations. The authors present the material clearly for our assessment, while their present voice reminds us that there can be no finite answers to these difficult questions.’
– Professor Pål Wrange, Stockholm Centre for International Law and Justice, Stockholm University, Sweden
– T D Gill, The British Yearbook of International Law
‘Professors Buchan and Tsagourias have produced an exceptional exploration of how the international legal system regulates force. They expertly consider the subject from historical, contemporary and future perspectives. Students, scholars and practitioners alike will benefit from this full-spectrum study of how the UN Charter framework interacts and evolves with customary and other supplemental legal sources. They adroitly integrate political and moral considerations without compromising the rigour of their legal work to produce a formidable and lasting contribution to this challenging field of law.’
– Professor Sean Watts, United States Military Academy at West Point, US
‘A compelling review and reassessment of the jus ad bellum, which fully takes account of the dramatically changing landscape of international relations, the erosion of state sovereignty and the emergence of new technologies.’
– Professor Nigel D. White, University of Nottingham, UK
‘This is a lively, readable and concise account of the regulation of the use of force, bursting with contemporary examples. The use of force is perhaps the most contentious area of international law, its terms being loaded with presuppositions about law, politics and social relations. The authors present the material clearly for our assessment, while their present voice reminds us that there can be no finite answers to these difficult questions.’
– Professor Pål Wrange, Stockholm Centre for International Law and Justice, Stockholm University, Sweden
Contents
Contents: Introduction 1. Historical development of the jus ad bellum 2. The prohibition on the threat or use of force 3. The right of individual and collective self-defence 4. Other forms of the use of force: humanitarian intervention, armed reprisals and intervention by invitation 5. Cyber attacks, use of force and self-defence 6. The United Nations collective security system and the use of force 7. Regional organisations, collective security and the use of force 8. Peacekeeping operations 9. International law on the use of force: quo vadis? Bibliography Index
