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The Use of Force and the International Legal System

The Use of Force and the International Legal System

Author: Terry D. Gill; Kinga Tibori-Szabó
Publisher: Cambridge University Press
ISBN: 9781009407359
Published In: December 2023
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

This book provides in-depth coverage and analysis of the international law, rules and principles that govern the use of force. Through a unique intra-disciplinary perspective, it examines how the law on the use of force functions within the international legal system and how it interacts with other relevant areas of the law. This includes arms control law, the law governing the use of the international commons, the law of armed conflict and human rights law, and the law of international responsibility. It offers an accessible guide to the law on the use of force to students and practitioners, alongside providing a unique perspective on the place and function of the law on the use of force within the wider legal landscape which will appeal to both academic professionals and others interested in how law regulates the use of force.

A unique, intra-disciplinary approach to examining the law relating to the use of force within the broader legal landscape
Offers an overview of historical and recent State practice, highlighting the various factors that influence how the law functions in practice
Gives insight into how legal obligations from different legal regimes can be harmonized

Part I. Development of the Contemporary Jus ad Bellum in International Law:

1. Introduction

2. From just war to the great war

3. From the regulation of war to the prohibition on the use of force

Part II. Scope and Content of the Contemporary Jus ad bellum:

4. The prohibition on the use or threat of force

5. The use of force in the un collective security system: maintenance and restoration of international peace and security through collective measures

6. The right of self-defence: essence, function and legal foundation, requirements for exercise, scope and modalities of application

Part III. Controversies and Contested Justifications for the Use of Force:

7. Humanitarian intervention and the responsibility to protect

8. The use of force and the rescue and evacuation of nationals

9. Armed reprisals and the law on the use of force