The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades.
ThisOxford Handbookis a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defense and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.
Author(s): Marc Weller
Series: Oxford Handbooks
Edition: Hardcover
Publisher: Oxford University Press, USA
Year: 2015
Language: English
Pages: 1376
Tags: Intervention (International law) Aggression (International law) War (International law)
Contents
Table of Cases xvii
Table of Legislation xxvii
List of Abbreviations lxvii
Notes on the Contributors lxxiii
PART I INTRODUCTION
Introduction: International Law and the Problem of War 3
Marc Weller
1. Too Much History: From War as Sanction to the
Sanctioning of War 35
Randall Lesaffer
2. Law of Nations or Perpetual Peace? Two Early International
Theories on the Use of Force 56
Daniele Archibugi, Mariano Croce, and Andrea Salvatore
3. The Limitations of Traditional Rules and Institutions
Relating to the Use of Force 79
Michael J. Glennon
4. The Continued Relevance of Established Rules and
Institutions Relating to the Use of Force 96
James Crawford and Rowan Nicholson
5. Feminist Perspectives on the Law on the Use of Force 114
Gina Heathcote
x contents
6. The Collective Security System and the Enforcement of
International Law 129
Jean d’Aspremont
7. Changing Jus Cogens through State Practice? The Case of
the Prohibition of the Use of Force and its Exceptions 157
Alexander Orakhelashvili
PART II COLLECTIVE SECURITY AND
THE NON-USE OF FORCE
8. Reconfiguring the UN System of Collective Security 179
Ramesh Thakur
9. Outsourcing the Use of Force: Towards More Security
Council Control of Authorized Operations? 202
Niels Blokker
10. When the Security Council is Divided: Imprecise Authorizations,
Implied Mandates, and the ‘Unreasonable Veto’ 227
Ian Johnstone
11. United Nations Security Council Practice in Relation to Use of
Force in No-Fly Zones and Maritime Exclusion Zones 251
Rob McLaughlin
12. Military Sanctions Enforcement in the Absence of
Express Authorization? 272
Penelope Nevill
13. The Relationship between the UN Security Council and General
Assembly in Matters of International Peace and Security 293
Nigel D. White
14. Regional Organizations and Arrangements: Authorization,
Ratification, or Independent Action 314
Erika de Wet
contents xi
15. Use of Force: Justiciability and Admissibility 329
A. Mark Weisburd
16. The Use of Force in United Nations Peacekeeping Operations 347
Scott Sheeran
17. Mandated to Protect: Security Council Practice on the
Protection of Civilians 375
Haidi Willmot and Ralph Mamiya
18. Self-Defence, Protection of Humanitarian Values, and the
Doctrine of Impartiality and Neutrality in Enforcement Mandates 398
Nicholas Tsagourias
19. Transparency, Accountability, and Responsibility for
Internationally Mandated Operations 416
Charlotte Ku
20. ‘Failures to Protect’ in International Law 437
André Nollkaemper
PART III THE PROHIBITION OF THE
USE OF FORCE, SELF-DEFENCE, AND
OTHER CONCEPTS
21. The Ban on the Use of Force in the UN Charter 465
Nico Schrijver
22. Intervention, Armed Intervention, Armed Attack,
Threat to Peace, Act of Aggression, and Threat or Use of
Force: What’s the Difference? 488
Jan Klabbers
23. The Prohibition of the Use of Force and Non-Intervention:
Ambition and Practice in the OAS Region 507
Jean Michel Arrighi
xii contents
24. The Crime of Aggression at the International
Criminal Court 533
Sean D. Murphy
25. The International Court of Justice and the ‘Principle of
Non-Use of Force’ 561
Claus Kreβ
26. The Prohibition of the Use of Force in Arbitrations and
Fact-Finding Reports 605
Vaios Koutroulis
27. The Resilience of the Restrictive Rules on Self-Defence 627
Jörg Kammerhofer
28. Self-Defence and Collective Security: Key Distinctions 649
Sir Michael Wood
29. Taming the Doctrine of Pre-Emption 661
Ashley S. Deeks
30. Can Non-State Actors Mount an Armed Attack? 679
Kimberley N. Trapp
31. The Problem of Imminence in an Uncertain World 697
Noam Lubell
32. Action Against Host States of Terrorist Groups 720
Lindsay Moir
33. When Does Self-Defence End? 737
T. D. Gill
34. Theatre of Operations 752
Jean-Christophe Martin
contents xiii
PART IV ACTION ON BEHALF OF
PEOPLES AND POPULATIONS
35. ‘Humanitarian Intervention’ 775
Sir Nigel Rodley
36. Pro-Democratic Intervention 797
David Wippman
37. Intervention by Invitation 816
Gregory H. Fox
38. National Liberation in the Context of Post- and Non-Colonial
Struggles for Self-Determination 841
Elizabeth Chadwick
PART V REVIVAL OF CLASSICAL CONCEPTS?
39. Necessity 861
Olivier Corten
40. Retaliation and Reprisal 879
Shane Darcy
41. Hot Pursuit 897
William C. Gilmore
42. The Threat of the Use of Force and Ultimata 910
François Dubuisson and Anne Lagerwall
43. Blockades and Interdictions 925
Wolff Heintschel von Heinegg
44. Rescuing Nationals Abroad 947
Mathias Forteau
xiv contents
45. Peace Settlements and the Prohibition of the Use of Force 962
Martin Wählisch
46. The Effects of a State of War or Armed Conflict 988
Marina Mancini
PART VI EMERGING AREAS?
47. Proliferation of Weapons of Mass Destruction and
Shipping Interdiction 1017
Vasco Becker-Weinberg and Guglielmo Verdirame
48. The Implications of the Proliferation of Weapons of Mass
Destruction for the Prohibition of the Use of Force 1034
Daniel H. Joyner
49. The Use of Force Against Pirates 1057
Douglas Guilfoyle
50. The Changing Environment and Emerging Resource Conflicts 1077
Marco Pertile
51. Remotely Piloted Warfare as a Challenge to the Jus ad Bellum 1095
Jordan J. Paust
52. The Use of Cyber Force and International Law 1110
Michael N. Schmitt
53. Private Military Companies and the Jus ad Bellum 1131
Ian M. Ralby
PART VII GENERAL PROBLEMS
54. Jus Cogens and the Use of Armed Force 1161
André de Hoogh
contents xv
55. The Principle of Proportionality from a Jus ad Bellum
Perspective 1187
Theodora Christodoulidou and Kalliopi Chainoglou
56. The Relationship Between Jus ad Bellum and Jus in Bello 1209
Keiichiro Okimoto
57. Consequences for Third States as a Result of an Unlawful
Use of Force 1224
Paolo Palchetti
Index 1239
