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The Law Against War: The Prohibition on the Use of Force in Contemporary International Law

ISBN13: 9781849463584
Published: March 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2010)
Price: £36.99
Hardback edition , ISBN13 9781841139425

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This new book presents an examination of the non-use of force in contemporary international law. Some authors, especially in recent years, have claimed that this field is undergoing an important metamorphosis as a result, in particular, of the requirements of the "war against terror".

More specifically, some authors consider that the systematic prohibition laid down in the Charter of the United Nations (1945) should be made more flexible in the current context of international relations, allowing further development of new concepts such as "humanitarian intervention" and "pre-emptive war", or providing for the possibility of presumptive authorization by the Security Council in certain exceptional circumstances.

The author of this highly original work suggests that if any notable changes can be observed, especially in the past two decades, state practice shows that the Charter system is still based on a true 'jus contra bellum' and not on the 'jus ad bellum' characterizing previous periods. In this sense, as the title of the book suggests, "law against war" is not only a literal translation of the latin expression, but evokes at the same time the spirit of a rule which remains undoubtedly one of the bases of public international law.

Public International Law
Part 1 : Outlines of the prohibition of resorting to force
1: Methodological debates and methodological options
1.1: The methodological debate relating to the non-use of force : extensive approach versus restrictive approach
1.2: Methodological options ensuing from the choice of a restrictive approach : conditions governing the evolution of the rule prohibiting the use of force
2. : Th subject matter of the prohibition : resort to force and threat
2.1: Prohibition of the resort to force
2.2: Prohibition of the threat of using force
3. : The impact of the prohibition : International Relations and effects on Third States
3.1:Resorting to force in International Relations - the problem of non-State actors
3.2: Third States in an armed conflict
4. : The peremptory nature of the prohibition of using force and its consequences
4.1 : A peremptory norm (jus cogens).
4.2 : A rule tolerating no circumstance precluding unlawfulness
Part 2 : Limits to the prohibition of resorting to force
5. : Intervention by invitation
5.1 : The general legal system of military intervention by invitation
5.2 : The legal system of military intervention by invitation in an internal conflict
6. : Security Council authorization
6.1 : The general legal system of authorized military intervention
6.2 : The problem of the presumed authorization
7. : Self-defence
7.1 : The condition relating to the existence of an armed attack
7.2 : Necessity and proportionality
8. : Humanitarian Intervention
8.1 : The absence of recognition in legal instruments
8.2 : The absence of conclusive precedents.

Series: French Studies in International Law

£58.33 + £11.66 VAT
The Advancement of International Law ISBN 9781841132785
Published October 2010
Hart Publishing