When the United Nations Charter was adopted in 1945, states established a legal `paradigm' for regulating the recourse to armed force. In the years since then, however, significant developments have challenged the paradigm's validity, causing a `pardigmatic shift'. International Law and the Use of Force traces this shift and explores its implications for contemporary international law and practice.
the state system and the challenge of ethnic groups
Author: Robert J. Beck,Thomas Ambrosio
Publisher: CQ Press
Among the Significant consequences of the Cold War's end have been the rise of nations and the challenges that these nations present for global order and international law. Taking a unique approach to explore this phenomenon, Beck and Ambrosio consider three principal themes: the emergence of nations, the international legal challenges that such nations pose, and international legal efforts to accommodate nations within the global state system. Seminal works by celebrated scholars and new contributions are featured alongside focus essays and bibliographies to place the selected readings in context. Students of international law, political science, and ethnic studies will find this book valuable for its focus on an overlooked but important subject. Book jacket.
This volume is comprised of over 2,300 annotations on a wide array of issues and topics germane to the subject of preventing the atrocities of genocide and managing these conflicts when they do arise. Samuel Totten brings together in one comprehensive collection the research and findings in various fields, such as political science, sociology, history, and psychology, to enable specialists in genocide studies, peace studies, and conflict resolution to benefit from the insights of a diverse range of scholars and foster an understanding of how the various components of genocide studies connect. Among the topics included are: key conventions, international treaties, and covenants genocide early warning signals and forecasting risk data bases sanctions peacekeeping missions conflict resolution the International Criminal Court realpolitik vis-à-vis the issue of genocide prevention and intervention key non-governmental agencies key governmental and UN bodies working on these important issues. In addition to the annotations, Totten frames the bibliography with a major essay that introduces the reader to the subject of prevention and intervention of genocide, raising a host of critical issues regarding the strengths, weaknesses, and limitations of various approaches germane to issues of managing these conflicts.
The Impact of the United States upon the Jus ad Bellum in the Post-Cold War Era
Author: Dr Christian Henderson
Publisher: Ashgate Publishing, Ltd.
This book provides a comprehensive, dispassionate empirical analysis and assessment of the discernible impact that the US has had upon the jus ad bellum in the post-Cold War era. The work focuses on the substantive areas of the jus ad bellum with which the US has most often and significantly engaged with through either its actions, justifications for actions, or adopted policies. In doing so, it draws upon the theory of interpretive communities as its framework of analysis in order to gauge any impact upon this fundamental area of international law. The Persistent Advocate and the Use of Force provides a much needed examination of one of the most controversial issues of international law in recent times whilst, on a more general level, offering a timely defence of the robustness of the jus ad bellum to the practice of powerful states.
Aims to demonstrate that the advent of Cyberwarfare has pushed traditional legal thinking regarding the regulation of forcible action beyond traditional boundaries. This title sets a paradigm with regard to Cyberwarfare as well as with other methods of warfare which escape the boundaries of the traditional State monopoly of the use of force.
This book aims to examine the conditions under which the decision to use force can be reckoned as legitimate in international relations. Drawing on communicative action theory, it provides a provocative answer to the hotly contested question of how to understand the legitimacy of the use of force in international politics. The use of force is one of the most critical and controversial aspects of international politics. Scholars and policy-makers have long tried to develop meaningful standards capable of restricting the use of force to a legally narrow yet morally defensible set of circumstances. However, these standards have recently been challenged by concerns over how the international community should react to gross human rights abuses or to terrorist threats. This book argues that current legal and moral standards on the use of force are unable to effectively deal with these challenges. The author argues that the concept of 'deliberative legitimacy', understood as the non-coerced commitment of an actor to abide by a decision reached through a process of communicative action, offers the most appropriate framework for addressing this problem. The theoretical originality and empirical value of the concept of deliberative legitimacy comes fully into force with the examination of two of the most severe international crises from the post Cold War period: the 1999 NATO intervention in Kosovo and the 2003 US military action against Iraq. This book will be of much interest to students of international security, ethics, international law, discourse theory and IR. Corneliu Bjola is SSHRC Postdoctoral Fellow with the Centre for Ethics at the University of Toronto, and has a PhD in International Relations.
The 21st century has witnessed a proliferation of international institutions, including traditional intergovernmental organizations, non-governmental organizations, private sector entities, and other partnerships. The premise of this anthology is that these institutions need a common, animating principle in the service of the person, which is the ultimate end of global politics. The concept of human dignity, the editors claim, serves this purpose and transcends the seemingly intractable conflicts in human rights debates: political rights v. social and economic rights. Conceptually, human dignity rests on two principles: exercising agency to realize one's potential, and recognition by society of one's worth. In light of this formulation of human dignity, the anthology has two purposes: First, contributors will examine the degree to which traditional and emerging institutions are already advancing human dignity as a central mission. Second, in the spirit of developing best practices and prescriptive recommendations, contributors will identify strategies, methods, and modalities to make human dignity more central to the work of global institutions.
This innovative and systematic work on the political and ethical dimensions of the International Criminal Court (ICC) is the first comprehensive attempt to situate the politics of the ICC both theoretically and practically. Steering a new path between conventional approaches that stress the formal link between legitimacy and legal neutrality, and unconventional approaches that treat legitimacy and politics as inextricable elements of a repressive international legal order, Steven C. Roach formulates the concept of political legalism, which calls for a self-directed and engaged application of the legal rules and principles of the ICC Statute. Politicizing the International Criminal Court is a must-read for scholars, students, and policymakers interested in the dynamics of this important international institution.
In this important and path-breaking book, esteemed scholar and public intellectual Richard Falk explores how we can re-imagine the system of global governance to make it more ethical and humane. Divided into three parts, this book firstly scrutinizes the main aspects of Global Governance including, Geopolitics, The Future of International law, Climate Change and Nuclear weapons, 9/11, Global Democracy and the UN. In the last part, Falk moves the discussion on to the search for Progressive Politics, the Israel/Palestinian conflict and the World Order Models Project. Drawing on, but also rethinking the normative tradition in international relations, he examines the urgent challenges that we must face to counter imperialism, injustice, global poverty, militarism and environmental disaster. In so doing, he outlines the radical reforms that are needed on an institutional level and within global civil society if we are to realize the dream of a world that is more just, equitable and peaceful. This important work will be of interest to all students and scholars of global politics and international relations.
Preemption, Regime Change, and US Policy toward Iran, Iraq, and North Korea
Author: Alexander T.J. Lennon,Camille Eiss
Publisher: MIT Press
Category: Political Science
An analysis of the policies of preemption and regime change as well as an examination of US policy options for dealing with each country in the "axis of evil." In January 2002, President George W. Bush declared Iran, Iraq, and North Korea constituents of an "axis of evil." US strategy toward each of these countries has clearly varied since, yet similar issues and policy options have emerged for US relations with all three. Reshaping Rogue States seeks to improve our understanding of Iran, Iraq, and North Korea as well as of current and future policy options to combat the threats these nations pose. The book's comprehensive analysis of preemption and regime change debates the circumstances under which each policy might be justified or legal under international law. Prominent strategists and policymakers consider alternatives to preemption—including prevention, counterproliferation, and cooperative security—and draw conclusions from efforts to bring about regime change in the past. Reshaping Rogue States also reviews the differing policy challenges presented by each so-called axis member. Specifically, it considers how the United States might strike a balance with North Korea through multilateral negotiations; the changes within Iran that call for changes in US policy; and the dilemmas the United States faces in post-Saddam Iraq, including continuing insurgency, instability, and the feasibility of democracy.
Formulating a strategy involves complex interactions between politicians, strategic commanders and generals in the field. The authors explore the strategic decisions made during NATO missions in Bosnia-Herzegovina, Kosovo, Macedonia, Afghanistan, Somalia and Libya.
interpretation, modification, and the use of force
Author: Andreas Laursen
Publisher: Djoef Pub
The international rules governing the use of force in international relations have been under pressure in recent years. They have on several occasions been challenged by states' practice, be it through actual acts (for example, in the case of Kosovo 1999, Afghanistan 2001, and Iraq 2003) or in statements (such as the 2002 US National Security Strategy). A fundamental question concerns how international law reacts to such challenges. Does is disintegrate or does it adapt to the new circumstances? This book focuses on the intersection of two central and challenging issues in international law. The first concerns the ways in which such normative frameworks change, evolve, or are modified in international law. The second concerns the extent to which the basic norms governing the use of force against terrorists have changed significantly since the attacks on New York and Washington DC in 2001. The book examines the relationship between a treaty and subsequent challenging claims and acts by states. It is found that practice subsequent to a treaty may be central to the interpretation of the treaty or may in fact cause an informal modification of the treaty. In addition, the exact operation of subsequent practice is identified. A number of incidents involving the use of force against terrorists are described. These examples of state practice and the reactions are then analyzed in order to determine their effect on international law, in particular in the areas requiring state involvement, the definition of an armed attack, the issues of necessity and proportionality, and the state of necessity excuse. This book is the author's Ph.D. thesis that was submitted and defended at the European University Institute in Florence, Italy.
Violence or the potential for violence is a fact of human existence. Many societies, including our own, reward martial success or skill at arms. The ways in which members of a particular society use force reveal a great deal about the nature of authority within the group and about its members' priorities. In The Purpose of Intervention, Martha Finnemore uses one type of force, military intervention, as a window onto the shifting character of international society. She examines the changes, over the past 400 years, about why countries intervene militarily, as well as in the ways they have intervened. It is not the fact of intervention that has altered, she says, but rather the reasons for and meaning behind intervention-the conventional understanding of the purposes for which states can and should use force. Finnemore looks at three types of intervention: collecting debts, addressing humanitarian crises, and acting against states perceived as threats to international peace. In all three, she finds that what is now considered "obvious" was vigorously contested or even rejected by people in earlier periods for well-articulated and logical reasons. A broad historical perspective allows her to explicate long-term trends: the steady erosion of force's normative value in international politics, the growing influence of equality norms in many aspects of global political life, and the increasing importance of law in intervention practices.