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Regulating the Use of Force in International Law: Principles, Perspectives, Challenges

Edited by: Martin Faix, Marko Svicevic

ISBN13: 9780197813003
To be Published: December 2026
Publisher: Oxford University Press USA
Country of Publication: USA
Format: Hardback
Price: £105.00





Nearly eighty years after the adoption of the United Nations Charter, the prohibition of the use of force remains one of the cornerstones of the international legal order, yet also one of its most contested rules. Contemporary conflicts, technological developments, and evolving state practice continue to test the limits, coherence, and legitimacy of the jus ad bellum regime. Regulating the Use of Force in International Law: Principles, Perspectives and Challenges brings together leading scholars and practitioners to reassess the foundations, operation, and future trajectory of international law governing the resort to force.

The volume offers both doctrinal clarity and critical reflection. It firstly revisits the normative character of the prohibition of force, examining its status as a foundational and potentially peremptory rule of international law. It then provides a systematic analysis of established exceptions, including individual and collective self-defence, collective security under the United Nations system, and controversial justifications beyond the UN Charter framework, such as intervention by invitation and humanitarian intervention. The final part addresses emerging and recurring challenges that increasingly shape contemporary debates, including the role of non-state actors, modern mercenarism, cyber operations, and technological developments affecting the regulation of force.

Combining conceptual analysis with practice-oriented perspectives, the book reflects insights generated through international academic and practitioner dialogue. It presents a coherent, structured examination. This work serves as an essential resource for scholars, students, and practitioners seeking to understand how the law on the use of force is adapting to geopolitical transformation while continuing to shape the international legal order.

Subjects:
Public International Law
Contents:
1. Between Regulation and Prohibition: The Use of Force in International Law
Marko Svicevic and Martin Faix

PART I: The Prohibition of Force as a Norm in International Law
2. The Prohibition on the Threat and Use of Force in International Relations and Its Scope and Function in the Contemporary Jus ad Bellum
Terry D. Gill
3. The Original Interpretation of Article 2(4) since San Francisco: Lost in Practice but not in Law
Patrick M. Butchard
4. The Conundrum of Exceptions to the Peremptory Prohibition of Force
Felix Herbert
5. The Use of Force and Space
Dale Stephens and Joanna Jarose

PART II: Exceptions to the Prohibition of Force
A. Individual and Collective Self-Defense
6. Individual and Collective Self-Defense in International Law
Michael Wood, Marko Svicevic and Martin Faix
7. Reporting sine qua non? On the Obligation to Notify the UN Security Council of Collective Self-Defense
Agata Kleczkowska
8. De Facto States: A Challenge for the Current Self-Defense Legal Regime
Marek Gerle and Milan Lipovský
9. When Peace Means Peace - Can the Right to Self-Defense be Waived?
Ka Lok Yip
B. Collective Security
10. Collective Security in International Law
Erika de Wet
11. To be or not to be (Bound by the Jus ad Bellum), that is the Question: On the Applicability of the Jus ad Bellum to International Organizations
Martin Faix
12. The Fusion of Collective Security and Self-Defense by the UN Security Council
Marko Svicevic
C. Exceptions Beyond the UN Charter
13. Exceptions Beyond the UN Charter: A Conceptual Framework
Sergey Sayapin
14. Consent and the Use of Force: Inside or Outside the UN Charter?
Ben L. Murphy
15. The Protection of Nationals Abroad: From Unlawful yet Tolerated to Unlawful and Intolerable
Graham Melling
PART III: Emerging and Recurring Challenges to the Jus ad Bellum
A. The Use of Force and Non-State Actors
16. Non-State Actors and the Use of Force: A Doctrinal Framework
Michael N. Schmitt
17. State Support to Non-State Actors and the Jus ad Bellum
W. Casey Biggerstaff
18. Terminating the Indeterminate: Legal Traditions and the Limits of the Unable or Unwilling Doctrine
Thea Charlotte Andersen
B. The Use of Force and Cyber
19. The Jus ad Bellum and Cyber War
Russell Buchan
20. Exploring the Legitimate Boundaries of Self-Defense in the Cyber Context
Chris O'Meara
21. Armed Attacks and Non-State Cyber Actors: A Deterrence-Focused Approach
Emily E. Bobenrieth

Series: The Lieber Studies Series

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