The Oxford Handbook of the Use of Force in International Law by Marc WellerThe Oxford Handbook of the Use of Force in International Law by Marc Weller

The Oxford Handbook of the Use of Force in International Law

EditorMarc Weller

Paperback | April 15, 2017

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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 theUnited 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 prohibition of the use of force in international law is one of the major achievements ofinternational 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 forceto this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is 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 assesseswhat 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, recentchallenges, 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 theright to self-defence 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 revivalof 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.
Marc Weller is Professor of International Law and International Constitutional Studies, University of Cambridge. He became a member of the Faculty of Law of the University of Cambridge in 1990. From 1997-2000 he was Deputy Director of the Centre of International Studies. He has been Director of Graduate Education in the Department of P...
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Title:The Oxford Handbook of the Use of Force in International LawFormat:PaperbackDimensions:1376 pages, 9.69 × 6.73 × 2.19 inPublished:April 15, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198806213

ISBN - 13:9780198806219

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Table of Contents

I: Introduction1. Randall Lesaffer: Too Much History: From War as a Sanction to the Sanctioning of War2. Daniele Archibugi, Mariano Croce, and Andrea Salvatore: Law of Nations or Perpetual Peace? Two Early International Theories on the Use of Force3. Michael Glennon: The Limitations of Traditional Rules and Institutions Relating to the Use of Force4. James Crawford and Rowan Nicholson: The Continued Relevance of Established Rules and Institutions Relating to the Use of Force5. Gina Heathcote: Feminist Perspectives on the Law on the Use of Force6. Jean d'Aspremont: The Collective Security System and the Enforcement of International Law7. Alexander Orakhelashvili: Changing Jus Cogens through State Practice? - the Case of the Prohibition of the Use of Force and its Exce ptionsII: Collective Security and the Non-use of Force8. Ramesh Thakur: Reconfiguring the UN System of Collective Security9. Niels Blocker: Outsourcing the Use of Force: Towards More Security Council Control of Authorized Operations?10. Ian Johnstone: When the Security Council is Divided: Imprecise Authorizations, Implied Mandates, and the 'Unreasonable Veto'11. Rob McLaughlin: United Nations Security Council Practice in Relation to Use of Force in No-Fly Zones and Maritime Exclusion Zones12. Penelope Nevill: Military Sanctions Enforcement in the Absence of Express Authorization?13. Nigel D. White: The Relationship Between the UN Security Council and General Assembly in Matters of International Peace and Security14. Erika de Wet: Regional Organizations and Arrangements: Authorization, Ratification or Independent Action15. A. Mark Weisburd: Use of Force: Justiciability and Admissibility16. Scott Sheeran: The Use of Force in United Nations Peace-keeping Operations17. Haidi Willmot and Ralph Mamiya: Mandated to Protect: Security Council Practice on the Protection of Civilians18. Nicholas Tsagourias: Self-defence, Protection of Humanitarian Values and the Doctrine of Impartiality and Neutrality in Enforcement Mandates19. Charlotte Ku: Transparency, Accountability, and Responsibility for Internationally Mandated Operations20. Andre Nollkaemper: Failure to Protect in International LawIII: The Prohibition of the Use of Force, Self-Defence, and other Concepts21. Nico Schrijver: The Ban on the Use of Force in the UN Charter22. Jan Klabbers: Intervention, Armed Intervention, Armed Attack, Threat to Peace, Act of Aggression, and Threat or Use of Force - What's the Difference?23. Jen Michel Arrighi: The Prohibition of the Use of Force and Non-intervention: Ambition and Practice in the OAS region24. Sean Murphy: The Crime of Aggression at the International Criminal Court25. Claus Kress: The International Court of Justice and the 'Principle of Non-Use of Force'26. Vaios Koutroulis: The Prohibition of the Use of Force in Arbitrations and Fact-Finding Reports27. Jorg Kammerhofer: The Resilience of the Restrictive Rules on Self-defence28. Sir Michael Wood: Self-defence and Collective Security: Key Distinctions29. Ashley Deeks: Taming the Doctrine of Preemption30. Kimberley Trapp: Can Non-state Actors Mount an Armed Attack?31. Noam Lubell: The Problem of Imminence in an Uncertain World32. Lindsay Moir: Action against Host States of Terrorist Groups33. Terry Gill: When Does Self-defence End?34. Jean Christophe Martin: Theatre of OperationsIV: Action on Behalf of Peoples and Populations35. Sir Nigel Rodley: Humanitarian Intervention36. David Wippman: Pro-democratic Action37. Gregory H. Fox: Intervention by Invitation38. Elizabeth Chadwick: National Liberation in the Context of Post- and Non-Colonial Struggles for Self-DeterminationV: Revival of Classical Concepts?39. Olivier Corten: Necessity40. Shane Darcy: Retaliation and Reprisal41. Bill Gilmore: Hot Pursuit42. Anne Lagerwall and Francois Dubuisson: The Threat of the Use of Force and Ultimata43. Wolff Heintschel von Heinegg: Blockades and Interdictions44. Mathias Forteau: Rescuing Nationals Abroad45. Martin Waelisch: Peace Settlements and the Prohibition of the Use of Force46. Marina Mancini: The Effects of a State of War or Armed ConflictVI: Emerging Areas?47. Guglielmo Verdirame and Vasco Becker Weinberg: Proliferation of Weapons of Mass Destruction and Shipping Interdiction48. Daniel Joyner: The Implications of the Proliferation of Weapons of Mass Destruction for the Prohibition of the Use of Force49. Douglas Guilfoyle: The Use of Force Against Pirates50. Marco Pertile: The Changing Environment and Emerging Resource Conflicts51. Jordan Paust: Remotely Piloted Warfare as a Challenge to the Ius ad Bellum52. Michael Schmidt: The Use of Cyber Force and International Law53. Ian Ralby: Private Military Companies and the Jus ad BellumVII: General Problems54. Andre de Hoogh: Ius Cogens and the Use of Armed Force55. Theodora Christodoulidou and Kalliopi Chainoglou: The Principle of Proportionality from a us ad Bellum Perspective56. Keiichiro Okimoto: The Relationship Between Ius ad Bellum and Jus in bello57. Paolo Palchetti: Consequences for Third States as a Result of an Unlawful Use of Force