The Oxford Handbook of the Use of Force in International Law

by Weller, Marc

• ISBN13: 9780199673049
• ISBN10: 0199673047
• Format: Hardcover
• Copyright: 2015-03-15
• Publisher: Oxford University Press

Summary

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.

Author Biography

Marc Weller is Professor of International Law and International Constitutional Studies in the University of Cambridge and the Director of the Lauterpacht Centre for International Law. He became a member of the Faculty of Law of the University of Cambridge in 1990. From 1997-2000 he was Deputy Director of the Centre of International Studies. He has been Director of Graduate Education in the Department of Politics and International Studies of the University since 2008. Professor Weller holds Masters degrees from the Fletcher School of Law and Diplomacy and the University of Cambridge, and Doctorates in Law, in Economic and Social Sciences, and in International Law from the Universities of Frankfurt, Hamburg and Cambridge respectively.

Table of Contents

I Introduction
1. The History of the Prohibition of the Use of Force, Randall Lesaffer
2. The Debate about the Prohibition of the Use of Force and Collective Security as a Structural Element of International Relations Discourse Through the Centuries, 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 Enduring Relevance of Traditional Rules and Institutions Relating to the Use of Force, James Crawford
5. Feminist Perspectives on the Law on the Use of Force, Gina Heathcote
6. Exeptionalism, Lawfulness, and Legitimacy and the Rules on the Use of Force, Matthew Happold
7. The Use of Force as Enforcement of the International Legal Order?, Jean d'Aspremont
8. Changing Jus Cogens through State Practice? - the Case of the Prohibition of the Use of Force, Alexander Orakhelashvili
II Collective Security and the Non-use of Force
9. Reconfiguring the UN System of Collective Security, Ramesh Thakur
10. The Breadth and Scope of UN Security Council Forcible Mandates, Dan Sarooshi
11. Security Council Authorizations to Use Force: Recent Developments, Niels Blocker
12. When the Council Fails to Act: The Theories of the Unreasonable Veto, Implied Mandates and Devolution of Authority from the Security Council to Other Actors, Ian Johnstone
13. No-Fly Zones and Maritime Exclusion Zones in Security Council Practice, Rob McLaughlin
14. Military Sanctions Enforcement in the Absence of Express Authorization, Penelope Nevill
15. The Relationship Between the UN Security Council and General Assembly in Matters of International Peace and Security, Nigel D. White
16. Regional Organizations and Arrangements: Authorization, Ratification or Independent Action, Erika de Wet
17. Justicibility of Matters Concerning the Use of Force, including issues addressed by the UN Security Council, before the ICJ, Mark Weisburd
18. The Use of Force in Complex Peace-keeping and Governance Operations, Scott Sheeran
19. Protection of Civilians in Security Council Practice, Haidi Willmot
20. Self-defence, Protection of Humanitarian Values and the Doctrine of Impartiality and Neutrality in Enforcement Mandates, Nicholas Tsagourias
21. Transparency, Accountability, and Responsibility for Internationally Mandated Operations, Charlotte Ku
22. Failure to Protect: Recent Experiences, Andre Nollkaemper
III The Prohibition of the Use of Force, Self-Defence, and other Concepts
23. Article 2(4) History and Present Content, Nico Schrijver
24. Intervention, Armed Intervention, Armed Attack, Threat to Peace, Act of Aggression, and Threat or Use of Force - What's the Difference, Jan Klabbers
25. Non-aggression in the African Union, Chaloka Beyani
26. The Prohibition of the Use of Force and Non-intervention: Ambition and Practice in the OAS region, Jen Michel Arrighi
27. The Crime of Aggression at the ICC, Sean Murphy
28. The Prohibition of the Use of Force and Self-defence in ICJ Jurisprudence, Claus Kress
29. The Prohibition of the Use of Force in Arbitrations and Fact-Finding Reports, Roger O'Keefe
30. The Resilience of the Restrictive Rules on Self-defence, Jorg Kammerhofer
31. Self-defence and Collective Security: Key Distinctions, Sir Michael Wood
32. Taming the Doctrine of Preemption, Ashley Deeks
33. Can Non-state Actors Mount an Armed Attack?, Kimberley Trapp
34. The Problem of Imminence in an Uncertain World, Noam Lubell
35. Action against Host States of Terrorist Groups, Lindsay Moir
36. When Does Self-defence End?, Terry Gill
37. Theatre of Operations, Jean Christophe Martin
38. Rendition and Abduction, Gregory S. McNeil
IV Action on Behalf of Peoples and Populations
39. Humanitarian Intervention, Sir Nigel Rodley
40. Pro-democratic Action, David Wippman
41. Intervention by Invitation, Gregory H. Fox
42. Self-determination Movements, Elizabeth Chadwick
43. Resistance to Armed Occupation, Francoise Hampson
44. A Unifying Theory of Forcible Action on Behalf of Peoples and Populations, Marc Weller
V Revival of Classical Concepts?
45. Necessity, Olivier Corten
46. Retaliation and Reprisal, Shane Darcy
47. Hot Pursuit, Bill Gilmore
48. The Threat of the Use of Force and Ultimata, Pierre Bodeau Livinec
49. Blockades and Interdictions, Wolff Heintschel von Heinegg
50. Rescuing Nationals Abroad, Mathias Forteau
51. Peace Agreements and the Use of Force, Martin Waelisch
52. The Legal Effect of War or a State of Armed Conflict, Marina Mancini
VI Emerging Areasn
53. Opposing the Proliferation of Weapons of Mass Destruction and Delivery Vehicles through Interdiction Operations, Guglielmo Verdirame and Vasco Becker Weinberg
54. The Implications of the Proliferation of Weapons of Mass Destruction for the Prohibition of the Use of Force, Daniel Joyner
55. Forcible Action to Combat Piracy, Douglas Guilfoyle
56. An Unending Theatre of Operations: War on Terror?, Bill Burke White
57. The Changing Environment and Emerging Resource Conflicts, Marco Pertile
58. Remotely Piloted Warfare as a Challenge to the Ius ad Bellum, Jordan Paust
59. Cyber 'Attacks' - is the Law on the Use of Force ever Involved, Michael Schmidt
60. Private Military Companies and the Ius ad Bellum, Ian Ralby
VII General Problems
61. Ius Cogens Restrictions on, or Demands for, Forcible Action, Andre de Hoogh
62. Proportionality, Theodora Christodoulidou and Kalliopi Chainoglou
63. The Interrelationship of the Ius ad bellum and the Ius in bello, Okimoto Keichiro
64. Responsibility for the Misidentification of Circumstances Justifying the Use of Force, Stefan Talmon
65. Third States and the Use of Force, Luigi Condorelli and Paolo Palchetti
VII Conclusion
66. Conclusion, Marc Weller