Wildy logo
(020) 7242 5778
enquiries@wildy.com

Wildy’s Book News

Book News cover photo

Vol 22 No 11 Nov/Dec 2017

Book of the Month

Cover of The Law of Contract Damages

The Law of Contract Damages

Price: £100.00

Offers for Newly Called Barristers & Students

Special Discounts for Newly Called & Students

Read More ...


Secondhand & Out of Print

Browse Secondhand Online

Read More...


Reappraising the Resort to Force: International Law, Jus ad Bellum and the War on Terror

Image not available lge

ISBN13: 9781841136097
Published: January 2010
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £50.00
Paperback edition , ISBN13 9781849462150



Despatched in 4 to 6 days.

A number of commentators assert that the military response to the terrorist atrocities of 11 September 2001 - encompassing attacks on Afghanistan and Iraq, and commonly referred to as the 'war on terror' - has significantly impacted upon the international law regulating resort to armed force by states (jus ad bellum), loosening the constraints on self-defence.

Some even suggest that the very future of the United Nations, in particular the Security Council and its collective security system, is at risk - at least in its current form. This book does not address the question of the future of the United Nations,an issue probably best left to scholars of international relations. Instead, it seeks to place the 'war on terror' within the context of international law, assessing how, or whether, it can be accommodated within the existing legal framework limiting the use of force.

Through an examination of the lawfulness (or otherwise) of both Operation Enduring Freedom and Operation Iraqi Freedom, including the legal justifications advanced by those states involved and the reaction of the international community, and involving a detailed discussion of the most important developments (i.e. the permissibility of self-defence against non-state, terrorist, actors and the 'Bush doctrine' of pre-emptive self-defence against terrorists as proclaimed in the 2001 US National Security Strategy) the book determines whether, and to what extent, the right to use force - or the acceptability of such military action - is currently undergoing a radical transformation.

By concentrating solely on the impact that military action against Afghanistan and Iraq has had on the jus ad bellum, this book represents a distinctive and original contribution to the academic literature.

Image not available lge
Subjects:
Public International Law
Contents:
Introduction
1: General Legal Framework 1945-2001: The UN Charter Paradigm and the Jus ad Bellum
I. The Prohibition of the Use of Force
II. The Use of Force in Self-Defence
A. Anticipatory Self-Defence
B. The Definition of 'Armed Attack' and Self-Defence against Non-State Actors
III. Security Council Authorisation
2: Military Action Against Afghanistan, 2001: Operation Enduring Freedom
I. Was there an Armed Attack on the United States?
II. Was the Response Necessary?
A. Was the Attack Over?
B. Was the State of Afghanistan a Legitimate Target?
III. Was the Response Proportionate?
3: Military Action Against Iraq, 2003: Operation Iraqi Freedom
I. Was the Action Taken in Self-Defence?
II. Was the Action Authorised by the Security Council?
A. Was Military Action Authorised by Resolution 1441?
B. Was Military Action Authorised as a Lawful Response to the Violation of the Ceasefire Agreement?
4: Reappraising the Resort to Force? Jus ad Bellum in the Post-9/11 World
I. International Court of Justice Jurisprudence
A. The Oil Platforms Case
B. The Palestinian Wall Advisory Opinion
C. The Armed Activities Case
II. State Practice
A. Israeli Military Operations in Lebanon and Syria
B. Russian Military Operations in Georgia
C. Ethiopian Military Operations in Somalia
III. A Reappraisal

Series: Hart Studies in International Law

The Impact of Investment Treaty Law on Host States: Enabling Good Governance ISBN 9781849465854
To be published February 2018
Hart Publishing
£65.00
Non-State Actors in International Law ISBN 9781509917839
To be published December 2017
Hart Publishing
£49.99
Law's Impunity: Responsibility and the Modern Private Military Company ISBN 9781509918393
To be published December 2017
Hart Publishing
£27.99
The Contractual Nature of the Optional Clause ISBN 9781509917686
Published October 2017
Hart Publishing
£34.99
£66.66 + £13.33 VAT
(ePub)
Buy
£45.82 + £9.17 VAT
(ePub)
Buy
£55.00
£54.16 + £10.83 VAT
(ePub)
Buy
£65.00
Arctic Law and Governance: The Role of China and Finland ISBN 9781849467025
Published February 2017
Hart Publishing
£60.00
Arctic Law and Governance: The Role of China and Finland (eBook) ISBN 9781509911493
Published February 2017
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
International Law and Child Soldiers ISBN 9781509913831
Published January 2017
Hart Publishing
£24.99
Complicity in International Criminal Law (eBook) ISBN 9781509900091
Published October 2016
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
Complicity in International Criminal Law ISBN 9781509900084
Published October 2016
Hart Publishing
£55.00
Economic Sanctions and International Law ISBN 9781849465908
Published August 2016
Hart Publishing
£65.00
Economic Sanctions and International Law (eBook) ISBN 9781782254737
Published August 2016
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
Buy
Corruption and Human Rights Law in Africa ISBN 9781509908455
Published July 2016
Hart Publishing
£25.99
£58.33 + £11.66 VAT
(ePub)
Buy
£70.00
Human Rights and Drug Control: The False Dichotomy ISBN 9781849467063
Published June 2016
Hart Publishing
£55.00
Security and International Law ISBN 9781849466349
Published April 2016
Hart Publishing
£65.00
Security and International Law (eBook) ISBN 9781782255895
Published April 2016
Hart Publishing
£54.16 + £10.83 VAT
(ePub)
Buy
Human Rights Obligations of Non-State Armed Groups (eBook) ISBN 9781509901654
Published March 2016
Hart Publishing
£49.99 + £10.00 VAT
(ePub)
Buy
Human Rights Obligations of Non-State Armed Groups ISBN 9781509901630
Published March 2016
Hart Publishing
£60.00
Diplomatic Interference and the Law (eBook) ISBN 9781509902781
Published February 2016
Hart Publishing
£58.33 + £11.66 VAT
(ePub)
Buy
Diplomatic Interference and the Law ISBN 9781849464369
Published February 2016
Hart Publishing
£70.00
£54.16 + £10.83 VAT
(ePub)
Buy
Law's Impunity: Responsibility and the Modern Private Military Company (eBook) ISBN 9781782259626
Published September 2015
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
Law's Impunity: Responsibility and the Modern Private Military Company ISBN 9781849465168
Published September 2015
Hart Publishing
£55.00
Non-State Actors in International Law (eBook) ISBN 9781509901869
Published August 2015
Hart Publishing
£41.66 + £8.33 VAT
(ePub)
Buy
Statelessness: The Enigma of the International Community ISBN 9781849469692
Published August 2015
Hart Publishing
£26.99
Non-State Actors in International Law ISBN 9781849465113
Published August 2015
Hart Publishing
£100.00
The Contractual Nature of the Optional Clause (eBook) ISBN 9781509901449
Published July 2015
Hart Publishing
£29.16 + £5.83 VAT
(ePub)
Buy
The Contractual Nature of the Optional Clause ISBN 9781849468664
Published July 2015
Hart Publishing
£70.00
International Law and Child Soldiers (eBook) ISBN 9781782254348
Published December 2014
Hart Publishing
£20.82 + £4.17 VAT
(ePub)
Buy
International Law and Child Soldiers ISBN 9781849465205
Published December 2014
Hart Publishing
£55.00
£70.82 + £14.17 VAT
(ePub)
Buy
Corruption and Human Rights Law in Africa ISBN 9781849466370
Published August 2014
Hart Publishing
£55.00
Corruption and Human Rights Law in Africa (eBook) ISBN 9781782254539
Published August 2014
Hart Publishing
£20.82 + £4.17 VAT
(ePub)
Buy
£24.99 + £5.00 VAT
(ePub)
Buy
Statelessness: The Enigma of the International Community ISBN 9781849465076
Published April 2014
Hart Publishing
£65.00
Statelessness: The Enigma of the International Community (eBook) ISBN 9781782253747
Published April 2014
Hart Publishing
£22.49 + £4.50 VAT
(ePub)
Buy
£70.82 + £14.17 VAT
(ePub)
Buy
International Law and the Construction of the Liberal Peace (eBook) ISBN 9781782251774
Published July 2013
Hart Publishing
£45.82 + £9.17 VAT
(ePub)
Buy
International Law and the Construction of the Liberal Peace ISBN 9781849462440
Published July 2013
Hart Publishing
£55.00
£58.33 + £11.66 VAT
(ePub)
Buy
An Equitable Framework for Humanitarian Intervention ISBN 9781849464048
Published May 2013
Hart Publishing
£70.00
An Equitable Framework for Humanitarian Intervention (eBook) ISBN 9781782251279
Published May 2013
Hart Publishing
£58.33 + £11.66 VAT
(ePub)
Buy
£62.49 + £12.50 VAT
(ePub)
Buy
£40.00
£33.32 + £6.67 VAT
(ePub)
Buy
£32.49 + £6.50 VAT
(ePub)
Buy
£38.99
Europe and Extraterritorial Asylum (eBook) ISBN 9781847319074
Published March 2012
Hart Publishing
£58.33 + £11.66 VAT
(ePub)
Buy
Europe and Extraterritorial Asylum ISBN 9781849462709
Published March 2012
Hart Publishing
£70.00
Promises of States under International Law ISBN 9781849462327
Published January 2012
Hart Publishing
£90.00
Promises of States under International Law (eBook) ISBN 9781847318787
Published January 2012
Hart Publishing
£74.99 + £15.00 VAT
(ePub)
Buy
£54.16 + £10.83 VAT
(ePub)
Buy
Accounting for Hunger: The Right to Food in the Era of Globalization ISBN 9781849462266
Published November 2011
Hart Publishing
£65.00
The Militarisation of Peacekeeping in the Twenty-First Century ISBN 9781849461146
Published November 2011
Hart Publishing
£75.00
The Militarisation of Peacekeeping in the Twenty-First Century (eBook) ISBN 9781847318183
Published November 2011
Hart Publishing
£62.49 + £12.50 VAT
(ePub)
Buy
£70.00
International Humanitarian Law and Terrorism ISBN 9781849461375
Published July 2011
Hart Publishing
£95.00
Multi-Sourced Equivalent Norms in International Law (eBook) ISBN 9781847317827
Published March 2011
Hart Publishing
£62.49 + £12.50 VAT
(ePub)
Buy
Multi-Sourced Equivalent Norms in International Law ISBN 9781849461450
Published March 2011
Hart Publishing
£75.00
Contracting with Sovereignty: State Contracts and International Arbitration ISBN 9781841136578
Published January 2011
Hart Publishing
£70.00
Reflections on the UN Declaration on the Rights of Indigenous Peoples ISBN 9781841138787
Published January 2011
Hart Publishing
£54.99
Human Dignity and the Foundations of International Law ISBN 9781849460897
Published June 2010
Hart Publishing
£30.99
Human Dignity and the Foundations of International Law (eBook) ISBN 9781847318060
Published June 2010
Hart Publishing
£24.99 + £5.00 VAT
(ePub)
Buy
Africa: Mapping New Boundaries in International Law
Edited by: Jeremy Levitt
ISBN 9781849461177
Published June 2010
Hart Publishing
£32.99
The Democratic Legitimacy of International Law ISBN 9781841138176
Published June 2010
Hart Publishing
£80.00
£90.00
Sovereignty and the Stateless Nation: Gibraltar in the Modern Legal Context ISBN 9781841139166
Published October 2009
Hart Publishing
£85.00
£65.00
Human Dignity and the Foundations of International Law ISBN 9781841133577
Published June 2009
Hart Publishing
£55.00
Counterterrorism: Democracy’s Challenge ISBN 9781841138183
Published July 2008
Hart Publishing
£75.00
Africa: Mapping New Boundaries in International Law
Edited by: Jeremy Levitt
ISBN 9781841136189
Published March 2008
Hart Publishing
Price on Application
Forced Migration, Human Rights and Security
Edited by: Jane McAdam
ISBN 9781841137704
Published March 2008
Hart Publishing
£50.00
Human Security and International Law: Prospects and Problems ISBN 9781841136103
Published December 2007
Hart Publishing
£55.00
Biotechnologies and International Human Rights ISBN 9781841137032
Published February 2007
Hart Publishing
£80.00
Transnational Corporations and Human Rights ISBN 9781841136530
Published September 2006
Hart Publishing
£90.00
Biotechnology and International Law ISBN 9781841136318
Published June 2006
Hart Publishing
£85.00
Predictability and Flexibility in the Law of Maritime Delimitation ISBN 9781841135816
Published May 2006
Hart Publishing
£120.00
£38.99
Enforcing International Law Norms Against Terrorism
Edited by: Andrea Bianchi
ISBN 9781841135663
Published November 2005
Hart Publishing
£43.99
Regional Organisations and Development of Collective Security ISBN 9781841134802
Published November 2004
Hart Publishing
£70.00
Enforcing International Law Norms Against Terrorism
Edited by: Andrea Bianchi
ISBN 9781841134307
Published July 2004
Hart Publishing
£95.00
The Permanent International Criminal Court ISBN 9781841132815
Published March 2004
Hart Publishing
£54.99
The Chapter VII Powers of the United Nations Security Council ISBN 9781841134222
Published January 2004
Hart Publishing
£85.00
Toxics and Transnational Law: International and European Regulation of Toxic Substances as Legal Symbolism
Marc PallemaertsVrije Universiteit Brussel, Brussels and Universite Libre de Bruxelles, Brussels
ISBN 9781841131290
Published June 2003
Hart Publishing
£130.00
Between Light and Shadow ISBN 9781841133904
Published March 2003
Hart Publishing
£70.00