International Law

Democracy goes to War British Military Deployments under International Law

By Nigel White
Oxford University Press June 2009

Specifications

ISBN-13
9780199218592
Publisher
Oxford University Press
Publication
June 2009
Format
Hardback , 336 pages
Jurisdiction
International ? Countri(es) for reference only

Details

  • Clearly and systematically analyses the law in this controversial and highly topical area, from both a national and international perspective
  • Examines all key conflicts involving British troops since 1945, providing a useful reference work
  • Constitutional and institutional frameworks are clearly explained in the opening chapters, providing essential knowledge for readers unfamiliar with public law or international law
  • Places law within its wider political context

With the end of the Second World War a new world order arose based on the prohibition of military force in international relations, and yet since 1945 British troops have been regularly deployed around the globe: most notably to Korea, Suez, Cyprus, and the Falklands during the Cold War; and Kuwait, Bosnia, Kosovo, Afghanistan and Iraq since the fall of the Berlin Wall. British forces have been involved in many different capacities: as military observers, peacekeepers, peace-enforcers, state-builders and war-fighters. The decisions to deploy forces are political ones made within several constitutional frameworks, national, regional and international. After considering the various legal and institutional regimes, this book examines the decision to deploy troops from the perspective of international law.



In its military interventions Britain has consistently tried to utilize international law to justify its actions, though often it argues against orthodox interpretation of the laws. In gauging whether its actions are in breach of international law we can again make judgments at different levels using various forms of accountability - from judicial fora (for example the International Court of Justice in The Hague or the European Court of Human Rights in Strasbourg), to political ones (the UN General Assembly in New York or the House of Commons in Westminster). While this book examines international and regional mechanisms, tumultuous debates on the Suez crisis, Afghanistan, Iraq and others in the House of Commons and its Committees are highlighted to show how international law impacts upon domestic politics. In considering whether democratic accountability is effective in upholding the principles of international law, this book throws new light on an old democracy, and thereby makes a contribution to the current reform proposals that are aimed at improving democratic decision-making.

Readership: Academics and students in the fields of international law and international relations; politicians and practitioners working in the field; journalists.

Table of Contents

Introduction
1: The British Constitution and Military Action
2: Lawbreaker or Lawmaker? Britain and International Law on the Use of Force
3: Between Idealism and Realism: Britain, the UN, and NATO
4: From Korea to Kuwait: Britain and Coalitions of the Willing
5: A Role for Europe: Britain and the EU
6: What Peace? British Blue Helmets in Bosnia
7: Defending the Nation: the Falklands
8: Helping a Friend in Afghanistan
9: Bombing in the Name of Humanity: the RAF over Kosovo
10: The Road to Basra
11: Democracy, Accountability, and Military Action

About the Author

Nigel White, Professor of International Law, University of Sheffield
Nigel D. White is Professor of International Law at the University of Sheffield. He has written a number of books, and many articles and essays on the law relating to the use of military force and peacekeeping.
 
 

 
 

 
 

 

Reviews

"...a clear doctrinal narrative on a very sensitive issue of the use of military force and peacekeeping...White's current book provides a thorough insight from the British perspective on the participation of its troops in peacekeeping to a nation building operations, and how such decisions are made at a domestic level... This work skillfully uses the concept of democracy to generate an intellectual debate on political decision making related to deployment of troops and aspects of peace, security and the human rights that are linked to it within the international law...this book remains a valuable contribution to understand the British deployments around the world. White's book is a commendable pierce of research and a must read for academics, students and social scientists in the fields of law, politics, social science and security studies." - Dr. Fozia Nazir Lone, International Law Observer
 
 

 
 

 

 
 

 
 

 
 

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