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Recourse to Force

Recourse to Force: State Action Against Threats & Armed Attacks

Recourse to Force State Action Against Threats & Armed Attacks

Author: Thomas M. Franck
Publisher: Cambridge University Press
ISBN: 9780521104203
Published In: February 2009
Format: Paperback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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The UN Charter in 1945 prohibits all use of force by states except in the event of an armed attack or when authorized by the Security Council. This arrangement has only very imperfectly withstood the test of time. It did not anticipate the cold war which incapacitated the Security Council through the permanent members' frequent recourse to the veto.

The Charter failed to address a growing phenomenon of clandestine subversion and of nuclear threats, nor did it make allowance for the rise in public support for human rights. Fortunately, although the Charter is very hard to amend, the drafters did agree that it should be interpreted flexibly by the UN's principal political institutions.

In nearly sixty years, the text has undergone extensive interpretation through this practice. This book relates these changes in law and practice to changing public values pertaining to the balance between maintaining peace and promoting justice.

Paperback re-issue of 2002 edition.

Contents:: 1. The UN's capacity for adapting to radical changes of circumstance;
2. Use of force by the United Nations;
3. The original parameters of self-defence;
4. Self-defence against state-sponsored terrorists and infiltrators;
5. Self-defence against ideological subversion;
6. Self-defence against attacks on citizens abroad;
7. Anticipatory self-defence;
8. Countermeasures and self-help;
9. The 'purely humanitarian' intervention;
10. What, eat the cabin boy? Uses of force that are illegal but justifiable.

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