[PDF] The Prohibition Of Threats Of Force eBook

Author : Francis Grimal
Publisher : Routledge
Page : 242 pages
File Size : 23,87 MB
Release : 2013
Category : Law
ISBN : 0415609852

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Adopting an interdisciplinary approach and drawing on the works of strategic literature and international relations theory, this book examines the theoretical nature behind a threat of force in order to inform and explain why and how the normative structure operates in the way it does. The core of the book addresses whether Article 2(4) is adequately suited to the current international climate and, if not, whether an alternative means of rethinking Article 2(4) would provide a better solution.

Author : Nicholas Tsagourias
Publisher :
Page : 0 pages
File Size : 35,24 MB
Release : 2012
Category :
ISBN :

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This chapter examines the meaning and scope of the prohibition of the threat of force by looking into relevant case law and international practice before assessing the legal authority of the rule. It demonstrates that there are many other parameters than law within which threats of force operate, and in which legal and political attitudes towards them are formed. It further contends that law cannot just extinguish or outright condemn threats of force or even the eventual use of force, because often it is just those threats and uses of force that, in the end, uphold the law.

Author : Nikolas Stürchler
Publisher : Cambridge University Press
Page : 23 pages
File Size : 24,83 MB
Release : 2007-07-19
Category : Law
ISBN : 1139464914

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Threats of force are a common feature of international politics, advocated by some as an economical guarantee against the outbreak of war and condemned by others as a recipe for war. Article 2(4) of the United Nations Charter forbids states to use threats of force, yet the meaning of the prohibition is unclear. This book provides the first comprehensive appraisal of the no-threat principle: its origin, underlying rationale, theoretical implications, relevant jurisprudence, and how it has withstood the test of time from 1945 to the present. Based on a systematic evaluation of state and United Nations practices, the book identifies what constitutes a threat of force and when its use is justified under the United Nations Charter. In so doing, it relates the no-threat principle to important concepts of the twentieth century, such as deterrence, escalation, crisis management, and what has been aptly described as the 'diplomacy of violence'.

Author : Olivier Corten
Publisher : Bloomsbury Publishing
Page : 592 pages
File Size : 33,51 MB
Release : 2021-07-29
Category : Law
ISBN : 1509949011

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Praise for previous edition: “...a comprehensive, meticulously-researched study of contemporary international law governing the use of armed force in international relations...' Andrew Garwood-Gowers, Queensland University of Technology Law Review, Volume 12(2) When this first English language edition of The Law Against War published it quickly established itself as a classic. Detailed, analytically rigorous and comprehensive, it provided an indispensable guide to the legal framework regulating the use of force. Now a decade on the much anticipated new edition brings the work up to date. It looks at new precedents arising from the Arab Spring; the struggle against the "Islamic State" in Iraq and Syria; and the conflicts in Ukraine and Yemen. It also reflects the new doctrinal debates surrounding recent state practice. Previous positions are reconsidered and in some cases revised, notably the question of consensual intervention and the very definition of force, particularly, to accommodate targeted extrajudicial executions and cyber-operations. Finally, the new edition provides detailed coverage of the concept of self-defense, reflecting recent interpretations of the International Court of Justice and the ongoing controversies surrounding its definition and interpretation.

Author : François Delerue
Publisher : Cambridge University Press
Page : 545 pages
File Size : 20,92 MB
Release : 2020-03-19
Category : Law
ISBN : 1108490271

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This book offers a comprehensive overview of the international law applicable to cyber operations. It is grounded in international law, but is also of interest for non-legal researchers, notably in political science and computer science. Outside academia, it will appeal to legal advisors, policymakers, and military organisations.

Author : Michael N. Schmitt
Publisher : Cambridge University Press
Page : 641 pages
File Size : 17,33 MB
Release : 2017-02-02
Category : Law
ISBN : 1316828646

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Tallinn Manual 2.0 expands on the highly influential first edition by extending its coverage of the international law governing cyber operations to peacetime legal regimes. The product of a three-year follow-on project by a new group of twenty renowned international law experts, it addresses such topics as sovereignty, state responsibility, human rights, and the law of air, space, and the sea. Tallinn Manual 2.0 identifies 154 'black letter' rules governing cyber operations and provides extensive commentary on each rule. Although Tallinn Manual 2.0 represents the views of the experts in their personal capacity, the project benefitted from the unofficial input of many states and over fifty peer reviewers.

Author : Agata Kleczkowska
Publisher : Taylor & Francis
Page : 187 pages
File Size : 36,97 MB
Release : 2023-06-23
Category : Law
ISBN : 1000898458

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Threats of force are an inherent part of communication between some States. One prominent example is the 2017–2018 crisis in relations between the United States and North Korea, marked by multiple threats issued by both sides. Yet, despite the fact that States seem to use threats of force with unlimited freedom, they are prohibited by international law. This book presents threats of force from the perspective of the practice of States. Thus, the book is based on an examination of multiple cases when States reported threats of force. It describes what threats of force are, examines the status of the prohibition of threats of force as a legal norm, presents examples and describes the mechanisms that are available for States in case threats occur, as well as their legal consequences. The book will be an invaluable resource for academics and researchers in the areas of international security law, public international law, law of armed conflict and international relations.

Author : Christian Henderson
Publisher : Cambridge University Press
Page : 442 pages
File Size : 15,71 MB
Release : 2018-05-10
Category : Law
ISBN : 1108643418

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The Use of Force and International Law offers an authoritative overview of international law governing the resort to force. Looking through the prism of the contemporary challenges that this area of international law faces, including technology, sovereignty, actors, compliance and enforcement, this book addresses key aspects of international law in this area: the general breadth and scope of the prohibition of force, what is meant by 'force', the use of force through the UN and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, forcible intervention in civil conflicts, the controversial doctrine of humanitarian intervention. Suitable for advanced undergraduate and postgraduate students, academics and practitioners, The Use of Force and International Law offers a contemporary, comprehensive and accessible treatment of the subject.

Author : Marc Weller
Publisher :
Page : 1377 pages
File Size : 37,32 MB
Release : 2015
Category : Law
ISBN : 0199673047

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This Oxford Handbook provides an authoritative and comprehensive analysis of one of the most controversial areas of international law. Over seventy 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.