The Oxford Handbook of the Use of Force in International Law
Sorozatcím:
Oxford Handbooks;
Kiadó: OUP Oxford
Megjelenés dátuma: 2017. március 16.
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GBP 48.99
GBP 48.99
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21 296 (20 282 Ft + 5% áfa )
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A termék adatai:
| ISBN13: | 9780198806219 |
| ISBN10: | 0198806213 |
| Kötéstípus: | Puhakötés |
| Terjedelem: | 1376 oldal |
| Méret: | 246x171 mm |
| Súly: | 2 g |
| Nyelv: | angol |
| 0 |
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Rövid leírás:
This Oxford Handbook provides an authoritative and comprehensive analysis of one of the most controversial areas of international law. Over sixth contributors assess the current state of the international law prohibiting the use of force, assessing its development and analysing the many recent controversies that have arisen in this field.
Hosszú leírás:
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 ofThe 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.
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 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-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 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.
The Handbook contains well-documented and complete research on the problems raised by the prohibition of the threat and use of force in international law and its exceptions. [It] should be praised for the richness of the contributions, which stimulate the attention of the reader. The Handbook is to be recommended to those who want to deepen their understanding of the topic of use of force in international relations and are interested in having a global outlook on such an important subject of international law.
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 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-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 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.
The Handbook contains well-documented and complete research on the problems raised by the prohibition of the threat and use of force in international law and its exceptions. [It] should be praised for the richness of the contributions, which stimulate the attention of the reader. The Handbook is to be recommended to those who want to deepen their understanding of the topic of use of force in international relations and are interested in having a global outlook on such an important subject of international law.
Tartalomjegyzék:
Too Much History: From War as a Sanction to the Sanctioning of War
Law of Nations or Perpetual Peace? Two Early International Theories on the Use of Force
The Limitations of Traditional Rules and Institutions Relating to the Use of Force
The Continued Relevance of Established Rules and Institutions Relating to the Use of Force
Feminist Perspectives on the Law on the Use of Force
The Collective Security System and the Enforcement of International Law
Changing Jus Cogens through State Practice? - the Case of the Prohibition of the Use of Force and its Exce ptions
Reconfiguring the UN System of Collective Security
Outsourcing the Use of Force: Towards More Security Council Control of Authorized Operations?
When the Security Council is Divided: Imprecise Authorizations, Implied Mandates, and the 'Unreasonable Veto'
United Nations Security Council Practice in Relation to Use of Force in No-Fly Zones and Maritime Exclusion Zones
Military Sanctions Enforcement in the Absence of Express Authorization?
The Relationship Between the UN Security Council and General Assembly in Matters of International Peace and Security
Regional Organizations and Arrangements: Authorization, Ratification or Independent Action
Use of Force: Justiciability and Admissibility
The Use of Force in United Nations Peace-keeping Operations
Mandated to Protect: Security Council Practice on the Protection of Civilians
Self-defence, Protection of Humanitarian Values and the Doctrine of Impartiality and Neutrality in Enforcement Mandates
Transparency, Accountability, and Responsibility for Internationally Mandated Operations
Failure to Protect in International Law
The Ban on the Use of Force in the UN Charter
Intervention, Armed Intervention, Armed Attack, Threat to Peace, Act of Aggression, and Threat or Use of Force - What's the Difference?
The Prohibition of the Use of Force and Non-intervention: Ambition and Practice in the OAS region
The Crime of Aggression at the International Criminal Court
The International Court of Justice and the 'Principle of Non-Use of Force'
The Prohibition of the Use of Force in Arbitrations and Fact-Finding Reports
The Resilience of the Restrictive Rules on Self-defence
Self-defence and Collective Security: Key Distinctions
Taming the Doctrine of Preemption
Can Non-state Actors Mount an Armed Attack?
The Problem of Imminence in an Uncertain World
Action against Host States of Terrorist Groups
When Does Self-defence End?
Theatre of Operations
Humanitarian Intervention
Pro-democratic Action
Intervention by Invitation
National Liberation in the Context of Post- and Non-Colonial Struggles for Self-Determination
Necessity
Retaliation and Reprisal
Hot Pursuit
The Threat of the Use of Force and Ultimata
Blockades and Interdictions
Rescuing Nationals Abroad
Peace Settlements and the Prohibition of the Use of Force
The Effects of a State of War or Armed Conflict
Proliferation of Weapons of Mass Destruction and Shipping Interdiction
The Implications of the Proliferation of Weapons of Mass Destruction for the Prohibition of the Use of Force
The Use of Force Against Pirates
The Changing Environment and Emerging Resource Conflicts
Remotely Piloted Warfare as a Challenge to the Ius ad Bellum
The Use of Cyber Force and International Law
Private Military Companies and the Jus ad Bellum
Ius Cogens and the Use of Armed Force
The Principle of Proportionality from a us ad Bellum Perspective
The Relationship Between Ius ad Bellum and Jus in bello
Consequences for Third States as a Result of an Unlawful Use of Force
Law of Nations or Perpetual Peace? Two Early International Theories on the Use of Force
The Limitations of Traditional Rules and Institutions Relating to the Use of Force
The Continued Relevance of Established Rules and Institutions Relating to the Use of Force
Feminist Perspectives on the Law on the Use of Force
The Collective Security System and the Enforcement of International Law
Changing Jus Cogens through State Practice? - the Case of the Prohibition of the Use of Force and its Exce ptions
Reconfiguring the UN System of Collective Security
Outsourcing the Use of Force: Towards More Security Council Control of Authorized Operations?
When the Security Council is Divided: Imprecise Authorizations, Implied Mandates, and the 'Unreasonable Veto'
United Nations Security Council Practice in Relation to Use of Force in No-Fly Zones and Maritime Exclusion Zones
Military Sanctions Enforcement in the Absence of Express Authorization?
The Relationship Between the UN Security Council and General Assembly in Matters of International Peace and Security
Regional Organizations and Arrangements: Authorization, Ratification or Independent Action
Use of Force: Justiciability and Admissibility
The Use of Force in United Nations Peace-keeping Operations
Mandated to Protect: Security Council Practice on the Protection of Civilians
Self-defence, Protection of Humanitarian Values and the Doctrine of Impartiality and Neutrality in Enforcement Mandates
Transparency, Accountability, and Responsibility for Internationally Mandated Operations
Failure to Protect in International Law
The Ban on the Use of Force in the UN Charter
Intervention, Armed Intervention, Armed Attack, Threat to Peace, Act of Aggression, and Threat or Use of Force - What's the Difference?
The Prohibition of the Use of Force and Non-intervention: Ambition and Practice in the OAS region
The Crime of Aggression at the International Criminal Court
The International Court of Justice and the 'Principle of Non-Use of Force'
The Prohibition of the Use of Force in Arbitrations and Fact-Finding Reports
The Resilience of the Restrictive Rules on Self-defence
Self-defence and Collective Security: Key Distinctions
Taming the Doctrine of Preemption
Can Non-state Actors Mount an Armed Attack?
The Problem of Imminence in an Uncertain World
Action against Host States of Terrorist Groups
When Does Self-defence End?
Theatre of Operations
Humanitarian Intervention
Pro-democratic Action
Intervention by Invitation
National Liberation in the Context of Post- and Non-Colonial Struggles for Self-Determination
Necessity
Retaliation and Reprisal
Hot Pursuit
The Threat of the Use of Force and Ultimata
Blockades and Interdictions
Rescuing Nationals Abroad
Peace Settlements and the Prohibition of the Use of Force
The Effects of a State of War or Armed Conflict
Proliferation of Weapons of Mass Destruction and Shipping Interdiction
The Implications of the Proliferation of Weapons of Mass Destruction for the Prohibition of the Use of Force
The Use of Force Against Pirates
The Changing Environment and Emerging Resource Conflicts
Remotely Piloted Warfare as a Challenge to the Ius ad Bellum
The Use of Cyber Force and International Law
Private Military Companies and the Jus ad Bellum
Ius Cogens and the Use of Armed Force
The Principle of Proportionality from a us ad Bellum Perspective
The Relationship Between Ius ad Bellum and Jus in bello
Consequences for Third States as a Result of an Unlawful Use of Force
