THIS ARTICLE FOCUSES ON ONE CENTRAL ASPECT OF THE PRESENT INTERNATIONAL SOCIETY: THE EXISTING STRUCTURE OF DOMINANCE, AND ITS RELATIONSHIP TO THE INTERNATIONAL LEGAL REGULATION OF THE USE OF FORCE. IT EXAMINES BOTH FORMAL INTERNATIONAL LEGISLATION AND QUASI-LEGISLATION(THROUGH THE UNITED NATIONS) AS WELL AS THE NORMATIVE REORIENTATION REQUIRED BY THE PATTERN OF DOMINANCE.
Debates surrounding the second Iraq war have prompted a range of commentators to diagnose the death of the law on the use of force, to call for its adaptation to the globalization of threats and the problem of so-called failed States, or to assert the need to defend the UN Charter framework. In this article, we look behind the shrill rhetoric of the post-invasion commentary and invite a sober assessment of the current situation. Our aim is not to evaluate in detail the legality of the Iraq war. Others have done so thoroughly.1Rather, we are interested in exploring whether we are truly at a turning point for international norms and institutions governing the use of force. If we do confront a 'fork in the road', as suggested by Kofi Annan in his address to the UN General Assembly on 23 September 2003,2what changes to legal institutions and structures are required, and what new claims should we resist?
This handbook is a comprehensive and authoritative study of the modern law on the use of force. Over 50 experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. It reviews the status of the law on the use of force and assesses what changes, if any, have occurred as a result of recent developments and offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force
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"...explores the legality of the attacks against Al Qaeda and the Taliban under the jus ad bellum, that component of international law that governs when it is that a State may resort to force as an instrument of national policy"-- iii
In: Rapp, Kyle (2022). Justifying Force: International Law, Foreign Policy Decision-Making, and the Use of Force. European Journal of International Relations, Forthcoming
The author pursues, on historic lines, an estimation of the extent of legal prohibition of the use of force by states. He includes the deliberations and findings of political organs of the League of Nations and the United Nations, as well as a study of the quality of prohibition of force
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