The Oxford Handbook of the Use of Force in International Law

International Law

The Oxford Handbook of the Use of Force in International Law

By Marc Weller
Oxford University Press January 2015

Specifications

ISBN-13
9780199673049
Publisher
Oxford University Press
Publication
January 2015
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

Details

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 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.

Table of Contents

I INTRODUCTION
1. The History of the Prohibition of the Use of Force
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
3. The Limitations of Traditional Rules and Institutions Relating to the Use of Force
4. The Enduring Relevance of Traditional Rules and Institutions Relating to the Use of Force
5. Feminist Perspectives on the Law on the Use of Force
6. Exeptionalism, Lawfulness, and Legitimacy and the Rules on the Use of Force
7. The Use of Force as Enforcement of the International Legal Order?
8. Changing Jus Cogens through State Practice? - the Case of the Prohibition of the Use of Force

II COLLECTIVE SECURITY AND THE NON-USE OF FORCE
9. Reconfiguring the UN System of Collective Security
10. The Breadth and Scope of UN Security Council Forcible Mandates
11. Security Council Authorizations to Use Force: Recent Developments
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
13. No-Fly Zones and Maritime Exclusion Zones in Security Council Practice
14. Military Sanctions Enforcement in the Absence of Express Authorization
15. The Relationship Between the UN Security Council and General Assembly in Matters of International Peace and Security
16. Regional Organizations and Arrangements: Authorization, Ratification or Independent Action
17. Justicibility of Matters Concerning the Use of Force, including issues addressed by the UN Security Council, before the ICJ
18. The Use of Force in Complex Peace-keeping and Governance Operations
19. Protection of Civilians in Security Council Practice
20. Self-defence, Protection of Humanitarian Values and the Doctrine of Impartiality and Neutrality in Enforcement Mandates
21. Transparency, Accountability, and Responsibility for Internationally Mandated Operations
22. Failure to Protect: Recent Experiences

III THE PROHIBITION OF THE USE OF FORCE, SELF-DEFENCE, AND OTHER CONCEPTS
23. Article 2(4) History and Present Content
24. Intervention, Armed Intervention, Armed Attack, Threat to Peace, Act of Aggression, and Threat or Use of Force - What's the Difference
25. Non-aggression in the African Union
26. The Prohibition of the Use of Force and Non-intervention: Ambition and Practice in the OAS region
27. The Crime of Aggression at the ICC
28. The Prohibition of the Use of Force and Self-defence in ICJ Jurisprudence
29. The Prohibition of the Use of Force in Arbitrations and Fact-Finding Reports
30. The Resilience of the Restrictive Rules on Self-defence
31. Self-defence and Collective Security: Key Distinctions
32. Taming the Doctrine of Preemption
33. Can Non-state Actors Mount an Armed Attack?
34. The Problem of Imminence in an Uncertain World
35. Action against Host States of Terrorist Groups
36. When Does Self-defence End?
37. Theatre of Operations
38. Rendition and Abduction

IV ACTION ON BEHALF OF PEOPLES AND POPULATIONS
39. Humanitarian Intervention
40. Pro-democratic Action
41. Intervention by Invitation
42. Self-determination Movements
43. Resistance to Armed Occupation
44. A Unifying Theory of Forcible Action on Behalf of Peoples and Populations

V REVIVAL OF CLASSICAL CONCEPTS?
45. Necessity
46. Retaliation and Reprisal
47. Hot Pursuit
48. The Threat of the Use of Force and Ultimata
49. Blockades and Interdictions
50. Rescuing Nationals Abroad
51. Peace Agreements and the Use of Force
52. The Legal Effect of War or a State of Armed Conflict

VI EMERGING AREASN
53. Opposing the Proliferation of Weapons of Mass Destruction and Delivery Vehicles through Interdiction Operations
54. The Implications of the Proliferation of Weapons of Mass Destruction for the Prohibition of the Use of Force
55. Forcible Action to Combat Piracy
56. An Unending Theatre of Operations: War on Terror?
57. The Changing Environment and Emerging Resource Conflicts
58. Remotely Piloted Warfare as a Challenge to the Ius ad Bellum
59. Cyber 'Attacks' - is the Law on the Use of Force ever Involved
60. Private Military Companies and the Ius ad Bellum

VII GENERAL PROBLEMS
61. Ius Cogens Restrictions on, or Demands for, Forcible Action
62. Proportionality
63. The Interrelationship of the Ius ad bellum and the Ius in bello
64. Responsibility for the Misidentification of Circumstances Justifying the Use of Force
65. Third States and the Use of Force

VII CONCLUSION
66. Conclusion
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