international law and the use of force beyond the u n charter paradigm

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International Law And The Use Of Force

Author : Anthony Clark Arend
ISBN : 9781136143724
Genre : Political Science
File Size : 36. 53 MB
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When the United Nations Charter was adopted in 1945, states established a legal `paradigm' for regulating the recourse to armed force. In the years since then, however, significant developments have challenged the paradigm's validity, causing a `pardigmatic shift'. International Law and the Use of Force traces this shift and explores its implications for contemporary international law and practice.

International Law On Peacekeeping

Author : Hitoshi Nasu
ISBN : 9789004172265
Genre : Law
File Size : 58. 92 MB
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It is generally considered that the UN Security Council has been galvanised since the end of the Cold War. However, the existence and development of armed conflicts remain the reality in the international scene. Is the upsurge in instances of invoking Chapter VII of the UN Charter truly a sign of the invigoration of the Security Councila (TM)s authority or mere evidence of its failure to prevent the aggravation of armed conflicts? To what extent is the Security Council authorised to exercise the peacekeeping power in order to take a more flexible approach to conflict management from an earlier stage of conflict? This book explores the potential of the UN peacekeeping power, placing Article 40 of the UN Charter at the centre of the legal regime governing peacekeeping measures. It traces the origins of peacekeeping measures primarily in the experience of the League of Nations and identifies Article 40 of the Charter as the primary legal basis for, and the legal restraints upon, the exercise of the peacekeeping power. It examines the regulatory framework within which the United Nations, particularly the Security Council, is authorised and may even be required to direct peacekeeping measures to prevent the aggravation of armed conflicts. It suggests that the legal accountability of the Security Council in directing peacekeeping measures will be enhanced by utilising procedural mechanisms for self-regulation

International Law And The Rise Of Nations

Author : Robert J. Beck
ISBN : STANFORD:36105110388258
Genre : Law
File Size : 48. 87 MB
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Among the Significant consequences of the Cold War's end have been the rise of nations and the challenges that these nations present for global order and international law. Taking a unique approach to explore this phenomenon, Beck and Ambrosio consider three principal themes: the emergence of nations, the international legal challenges that such nations pose, and international legal efforts to accommodate nations within the global state system. Seminal works by celebrated scholars and new contributions are featured alongside focus essays and bibliographies to place the selected readings in context. Students of international law, political science, and ethnic studies will find this book valuable for its focus on an overlooked but important subject. Book jacket.

Genocide At The Millennium

Author : Samuel Totten
ISBN : 9781351517836
Genre : Political Science
File Size : 61. 73 MB
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"Genocide at the Millennium is the fifth volume in the acclaimed series Genocide: A Critical Bibliographical Review. This latest volume's focus is both the genocidal activity that has taken place over the past fourteen years (including that in Rwanda and the former Yugoslavia) as well as a critique of the international community's response to genocide and potential genocidal situations (including those of the United Nations and nongovernmental organizations).Genocide at the Millennium is divided into ten chapters. The opening chapter treats the Yugoslav genocide, discussing the causes of the conflict, the violence that ensued, the reaction of the international community, and the ramifications that are still being felt in that part of the world today. Chapter 2 provides a detailed and thought-provoking examination of the causes, results and ramifications of the 1994 Rwandan genocide. Chapter 3 examines the conflict in Kosovo and the events surrounding the controversial intervention by NATO. Chapter 4 discusses the remarkable efforts and successes that various non-governmental agencies have had in addressing a wide variety of issues related to genocide. Chapter 5 examines the United Nations' efforts to address the issue of genocide at the turn of the century. The role of individual states confronting issues and cases of genocide is analyzed in chapter 6. Chapter 7 gives a solid overview of the evolution of international law as it pertains to the crime of genocide and how and why major changes in such law have begun to take place in the 1990s and early 2000s. The international criminal tribunals for Rwanda and the former Yugoslavia are considered in chapters 8 and 9. The concluding chapter provides an extremely detailed and highly informative overview of key aspects of the International Criminal Court.In keeping with the multidisciplinary approach of previous volumes in the series, each of the essays and accompanying annotated"

The Right To National Self Defense

Author : D. Delibasis
ISBN : 0955605512
Genre : Law
File Size : 26. 11 MB
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Aims to demonstrate that the advent of Cyberwarfare has pushed traditional legal thinking regarding the regulation of forcible action beyond traditional boundaries. This title sets a paradigm with regard to Cyberwarfare as well as with other methods of warfare which escape the boundaries of the traditional State monopoly of the use of force.

Reshaping Rogue States

Author : Alexander T.J. Lennon
ISBN : 0262265397
Genre : Political Science
File Size : 42. 41 MB
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An analysis of the policies of preemption and regime change as well as an examination of US policy options for dealing with each country in the "axis of evil." In January 2002, President George W. Bush declared Iran, Iraq, and North Korea constituents of an "axis of evil." US strategy toward each of these countries has clearly varied since, yet similar issues and policy options have emerged for US relations with all three. Reshaping Rogue States seeks to improve our understanding of Iran, Iraq, and North Korea as well as of current and future policy options to combat the threats these nations pose. The book's comprehensive analysis of preemption and regime change debates the circumstances under which each policy might be justified or legal under international law. Prominent strategists and policymakers consider alternatives to preemption—including prevention, counterproliferation, and cooperative security—and draw conclusions from efforts to bring about regime change in the past. Reshaping Rogue States also reviews the differing policy challenges presented by each so-called axis member. Specifically, it considers how the United States might strike a balance with North Korea through multilateral negotiations; the changes within Iran that call for changes in US policy; and the dilemmas the United States faces in post-Saddam Iraq, including continuing insurgency, instability, and the feasibility of democracy.

Politicizing The International Criminal Court

Author : Steven C. Roach
ISBN : 9781461641001
Genre : Political Science
File Size : 34. 83 MB
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This innovative and systematic work on the political and ethical dimensions of the International Criminal Court (ICC) is the first comprehensive attempt to situate the politics of the ICC both theoretically and practically. Steering a new path between conventional approaches that stress the formal link between legitimacy and legal neutrality, and unconventional approaches that treat legitimacy and politics as inextricable elements of a repressive international legal order, Steven C. Roach formulates the concept of political legalism, which calls for a self-directed and engaged application of the legal rules and principles of the ICC Statute. Politicizing the International Criminal Court is a must-read for scholars, students, and policymakers interested in the dynamics of this important international institution.

Human Dignity And The Future Of Global Institutions

Author : Mark P. Lagon
ISBN : 9781626161207
Genre : Political Science
File Size : 60. 82 MB
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The 21st century has witnessed a proliferation of international institutions, including traditional intergovernmental organizations, non-governmental organizations, private sector entities, and other partnerships. The premise of this anthology is that these institutions need a common, animating principle in the service of the person, which is the ultimate end of global politics. The concept of human dignity, the editors claim, serves this purpose and transcends the seemingly intractable conflicts in human rights debates: political rights v. social and economic rights. Conceptually, human dignity rests on two principles: exercising agency to realize one's potential, and recognition by society of one's worth. In light of this formulation of human dignity, the anthology has two purposes: First, contributors will examine the degree to which traditional and emerging institutions are already advancing human dignity as a central mission. Second, in the spirit of developing best practices and prescriptive recommendations, contributors will identify strategies, methods, and modalities to make human dignity more central to the work of global institutions.

Denver Journal Of International Law And Policy

Author :
ISBN : UCAL:B5114225
Genre :
File Size : 50. 12 MB
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Changing International Law To Meet New Challenges

Author : Andreas Laursen
ISBN : STANFORD:36105063838671
Genre : Law
File Size : 54. 20 MB
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The international rules governing the use of force in international relations have been under pressure in recent years. They have on several occasions been challenged by states' practice, be it through actual acts (for example, in the case of Kosovo 1999, Afghanistan 2001, and Iraq 2003) or in statements (such as the 2002 US National Security Strategy). A fundamental question concerns how international law reacts to such challenges. Does is disintegrate or does it adapt to the new circumstances? This book focuses on the intersection of two central and challenging issues in international law. The first concerns the ways in which such normative frameworks change, evolve, or are modified in international law. The second concerns the extent to which the basic norms governing the use of force against terrorists have changed significantly since the attacks on New York and Washington DC in 2001. The book examines the relationship between a treaty and subsequent challenging claims and acts by states. It is found that practice subsequent to a treaty may be central to the interpretation of the treaty or may in fact cause an informal modification of the treaty. In addition, the exact operation of subsequent practice is identified. A number of incidents involving the use of force against terrorists are described. These examples of state practice and the reactions are then analyzed in order to determine their effect on international law, in particular in the areas requiring state involvement, the definition of an armed attack, the issues of necessity and proportionality, and the state of necessity excuse. This book is the author's Ph.D. thesis that was submitted and defended at the European University Institute in Florence, Italy.

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