International Law and the Use of Force - Couverture souple

Gray, Christine D.

Couverture souple

ISBN 10 : 0198765274 ISBN 13 : 9780198765271

Editeur : Oxford University Press, 2001

Synopsis

Dramatic events in Kosovo and East Timor have raised fundamental questions about international law on the use of force: was NATO entitled to exercise a right of humanitarian intervention to protect the ethnic Albanians of Kosovo by its bombing campaign? What power did the United Nations have to send a UN force, or to authorize an Australian-led force, to stop the fighting that escalated when the people of East Timor voted for independence? This book aims to cover the whole of the large and controversial subject of the use of force in international law; it examines not only the use of force by states but also the role of the UN and regional organizations in the maintenance of international peace and security. The focus is on state practice in the light of doctrinal debates. During the Cold War and the decolonization process states and writers were divided as to the scope of the right of states to use force in self-defence, to further self-determination and to intervene in civil wars. It is now time to reappraise these differences and to assess how far the end of the Cold War has brought greater agreement This book is intended for academics and students working in international law

A propos du livre

Présentation de l'éditeur

This book explores the whole of the large and controversial subject of the use of force in international law; it examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the growing importance of regional organizations in the maintenance of international peace and security. Since the publication of the second edition of International Law and the Use of Force the law in this area has continued to undergo a fundamental reappraisal. Operation Enduring Freedom carries on against Al Qaida and the Taliban in Afghanistan six years after the terrorist attacks of 11 September 2001. Can this still be justified as self-defence in the 'war on terror'? Is there now a wide right of pre-emptive self-defence against armed attacks by non-state actors? The 2006 Israel/Lebanon conflict and the recent intervention of Ethiopia in Somalia raise questions about whether the 'war on terror' has brought major changes in the law on self-defence and on regime change. The 2003 invasion of Iraq gave rise to serious divisions between states as to the legality of this use of force and to talk of a crisis of collective security for the UN. In response the UN initiated major reports on the future of the Charter system; these rejected amendment of the Charter provisions on the use of force. They also rejected any right of pre-emptive self-defence. They advocated a 'responsibility to protect' in cases of genocide or massive violations of human rights; the events in Darfur show the practical difficulties with the implementation of such a duty.

Revue de presse

Review from previous edition The detailed arguments and broad conclusions draw[n] stand fair and square. (Royal United Services Institute Journal, 1 April 2002)

... the book's appearance at this critical moment for the law regulating the use of force is most welcome, especially for students ... a helpful reference. (Mary Ellen O'Connell, The American Journal of International Law)

Comprehensive, easy to read, up-to-date, and informed. (Ilias Bantekas, University of Westminster)

This book provides students of international law and international relations with a highly accessible, thoroughly expert analysis of the rules governing when states may resort to military force. I would not want to teach without it. (Michael Byers, Professor of Law, Duke University)

Détails de l'édition

• Éditeur: Oxford University Press
• Date d'édition: 2001
• Langue: anglais
• ISBN 10: 0198765274
• ISBN 13: 9780198765271
• Reliure: Broché
• Nombre de pages: 256
• Coordonnées du fabricant: non disponible
• Personne responsable: Ufficio Anagrafiche Messaggerie; ufficio.anagrafiche@meli.it; ; Via Verdi, 8; Assago Milano; 20090; Italie