The Use of Force and the International Legal System

International Law

The Use of Force and the International Legal System

Edited by Terry D. Gill · Kinga Tibori-Szabó
Cambridge University Press December 2023

Specifications

ISBN-13
9781009407359
Publisher
Cambridge University Press
Publication
December 2023
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

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

Table of Contents

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
10. The use of force and weapons of mass destruction
11. New technologies of warfare and the law on the use of force

Part IV. The Use of Force within the Wider Legal Landscape:
12. The use of force as an attribute of state sovereignty
13. The use of force in the international commons
14. The relationship of the law on the use of force with the law of armed conflict and human rights law
15. International responsibility for the unlawful use of force: states, organizations, armed groups and individuals

Part V. Concluding Remarks:
16. Conclusions
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