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.
The Handbook contains well-documented and complete research on the problems raised by the prohibition of the threat and use of force in international law and its exceptions. [It] should be praised for the richness of the contributions, which stimulate the attention of the reader. The Handbook is to be recommended to those who want to deepen their understanding of the topic of use of force in international relations and are interested in having a global outlook on
such an important subject of international law. * Natalino Ronzitti, Italian Yearbook of International Law *
1: Randall Lesaffer: Too Much History: From War as a Sanction to the Sanctioning of War
2: Daniele Archibugi, Mariano Croce, and Andrea Salvatore: Law of Nations or Perpetual Peace? Two Early International Theories on the Use of Force
3: Michael Glennon: The Limitations of Traditional Rules and Institutions Relating to the Use of Force
4: James Crawford and Rowan Nicholson: The Continued Relevance of Established Rules and Institutions Relating to the Use of Force
5: Gina Heathcote: Feminist Perspectives on the Law on the Use of Force
6: Jean d'Aspremont: The Collective Security System and the Enforcement of International Law
7: Alexander Orakhelashvili: Changing Jus Cogens through State Practice? - the Case of the Prohibition of the Use of Force and its Exce ptions
II Collective Security and the Non-use of Force
8: Ramesh Thakur: Reconfiguring the UN System of Collective Security
9: Niels Blocker: Outsourcing the Use of Force: Towards More Security Council Control of Authorized Operations?
10: Ian Johnstone: When the Security Council is Divided: Imprecise Authorizations, Implied Mandates, and the 'Unreasonable Veto'
11: Rob McLaughlin: United Nations Security Council Practice in Relation to Use of Force in No-Fly Zones and Maritime Exclusion Zones
12: Penelope Nevill: Military Sanctions Enforcement in the Absence of Express Authorization?
13: Nigel D. White: The Relationship Between the UN Security Council and General Assembly in Matters of International Peace and Security
14: Erika de Wet: Regional Organizations and Arrangements: Authorization, Ratification or Independent Action
15: A. Mark Weisburd: Use of Force: Justiciability and Admissibility
16: Scott Sheeran: The Use of Force in United Nations Peace-keeping Operations
17: Haidi Willmot and Ralph Mamiya: Mandated to Protect: Security Council Practice on the Protection of Civilians
18: Nicholas Tsagourias: Self-defence, Protection of Humanitarian Values and the Doctrine of Impartiality and Neutrality in Enforcement Mandates
19: Charlotte Ku: Transparency, Accountability, and Responsibility for Internationally Mandated Operations
20: Andre Nollkaemper: Failure to Protect in International Law
III The Prohibition of the Use of Force, Self-Defence, and other Concepts
21: Nico Schrijver: The Ban on the Use of Force in the UN Charter
22: Jan Klabbers: Intervention, Armed Intervention, Armed Attack, Threat to Peace, Act of Aggression, and Threat or Use of Force - What's the Difference?
23: Jen Michel Arrighi: The Prohibition of the Use of Force and Non-intervention: Ambition and Practice in the OAS region
24: Sean Murphy: The Crime of Aggression at the International Criminal Court
25: Claus Kress: The International Court of Justice and the 'Principle of Non-Use of Force'
26: Vaios Koutroulis: The Prohibition of the Use of Force in Arbitrations and Fact-Finding Reports
27: Jorg Kammerhofer: The Resilience of the Restrictive Rules on Self-defence
28: Sir Michael Wood: Self-defence and Collective Security: Key Distinctions
29: Ashley Deeks: Taming the Doctrine of Preemption
30: Kimberley Trapp: Can Non-state Actors Mount an Armed Attack?
31: Noam Lubell: The Problem of Imminence in an Uncertain World
32: Lindsay Moir: Action against Host States of Terrorist Groups
33: Terry Gill: When Does Self-defence End?
34: Jean Christophe Martin: Theatre of Operations
IV Action on Behalf of Peoples and Populations
35: Sir Nigel Rodley: Humanitarian Intervention
36: David Wippman: Pro-democratic Action
37: Gregory H. Fox: Intervention by Invitation
38: Elizabeth Chadwick: National Liberation in the Context of Post- and Non-Colonial Struggles for Self-Determination
V Revival of Classical Concepts?
39: Olivier Corten: Necessity
40: Shane Darcy: Retaliation and Reprisal
41: Bill Gilmore: Hot Pursuit
42: Anne Lagerwall and François Dubuisson: The Threat of the Use of Force and Ultimata
43: Wolff Heintschel von Heinegg: Blockades and Interdictions
44: Mathias Forteau: Rescuing Nationals Abroad
45: Martin Waelisch: Peace Settlements and the Prohibition of the Use of Force
46: Marina Mancini: The Effects of a State of War or Armed Conflict
VI Emerging Areas?
47: Guglielmo Verdirame and Vasco Becker Weinberg: Proliferation of Weapons of Mass Destruction and Shipping Interdiction
48: Daniel Joyner: The Implications of the Proliferation of Weapons of Mass Destruction for the Prohibition of the Use of Force
49: Douglas Guilfoyle: The Use of Force Against Pirates
50: Marco Pertile: The Changing Environment and Emerging Resource Conflicts
51: Jordan Paust: Remotely Piloted Warfare as a Challenge to the Ius ad Bellum
52: Michael Schmidt: The Use of Cyber Force and International Law
53: Ian Ralby: Private Military Companies and the Jus ad Bellum
VII General Problems
54: Andre de Hoogh: Ius Cogens and the Use of Armed Force
55: Theodora Christodoulidou and Kalliopi Chainoglou: The Principle of Proportionality from a
us ad Bellum Perspective
56: Keiichiro Okimoto: The Relationship Between Ius ad Bellum and Jus in bello
57: Paolo Palchetti: Consequences for Third States as a Result of an Unlawful Use of Force
Series: Oxford Handbooks
Number Of Pages: 1376
Published: 16th March 2017
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 24.5 x 17.0
Weight (kg): 1.78