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Military Investigations in Armed Conflict: Independence and Impartiality under International Law

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The Threat of Force in International Law

The Threat of Force in International Law

The Threat of Force in International Law

Author: Nikolas Sturchler
Publisher: Cambridge University Press
ISBN: 9780521133616
Published In: September 2009
Format: Paperback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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Threats of force are a common feature of international politics, advocated by some as an economical guarantee against the outbreak of war and condemned by others as a recipe for war. Article 2(4) of the United Nations Charter forbids states to use threats of force, yet the meaning of the prohibition is unclear. This book provides the first comprehensive appraisal of the no-threat principle: its origin, underlying rationale, theoretical implications, relevant jurisprudence, and how it has withstood the test of time from 1945 to the present.

Based on a systematic evaluation of state and United Nations practices, the book identifies what constitutes a threat of force and when its use is justified under the United Nations Charter. In so doing, it relates the no-threat principle to important concepts of the twentieth century, such as deterrence, escalation, crisis management, and what has been aptly described as the 'diplomacy of violence'.

Provides readers with a guide to state practice from 1945 to 2003
Shows readers how international law and international relations can be combined, and how empirical research on state practice can be conducted in international law
Allows readers to understand how the UN Security Council works in crisis situations

Contents:: 1. Birth and infancy of a Charter rule: the open framework; 2. The menu of choice: a guide to interpretation; 3. Precedents of the International Court; 4. Deciphering post-Charter practice: means and limits; 5. Open threats to extract concessions; 6. Demonstrations of force; 7. Countervailing threats or: threats in self-defence; 8. Findings and conclusions; 9. Epilogue: the law in operation.

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