Description : This book examines US recourse to military force in the post-9/11 era. In particular, it evaluates the extent to which the Bush and Obama administrations viewed legitimizing the greater use-of-force as a necessary solution to thwart the security threat presented by global terrorist networks and WMD proliferation.
Description : The nations that drafted the UN Charter in 1945 clearly were more concerned about peace than about justice. As a result, the Charter prohibits all use of force by states except in the event of an armed attack or when authorised by the Security Council. This arrangement has only very imperfectly withstood the test of time and changing world conditions. In requiring states not to use force in self-defence until after they had become the object of an actual armed attack, the Charter failed to address a growing phenomenon of clandestine subversion and of instantaneous nuclear threats. Fortunately although the Charter is very hard to amend, the drafters did agree that it should be interpreted flexibly by the United Nations' principal political institutions. In this way the norms governing use of force in international affairs have been adapted to meet changing circumstances and new challenges. The book also relates these changes in law and practice to changing public values pertaining to the balance between maintaining peace and promoting justice.
Description : Under Attack makes a new contribution to the field of international relations in general and the study of international law and armed conflict in particular, in two core ways. First, it links information from varying disciplines, most notably international relations and international law, to form a comprehensive picture of state practice and the challenges it poses to the legal rules for the use of force. Secondly, it organises the information in such a way to identify two core groups of contemporary justifications used by states: humanitarian reasons and self-defence, both with their sub-categories. At the core of this book is the question of how state practice since 1990 has challenged the long-established legal regime on the international use of force. Are we merely witnessing a temporary and insignificant challenge to international law or are the rules genuinely under attack?
Description : International law and armed conflict exist in a symbiotic relationship. In some cases, law shapes conflict proactively by imposing normative limits in advance of the appearance of proscribed conduct. Much more commonly, armed conflict either reveals lacunae in the law or demonstrates how law designed for yesterday's wars falls short when applied to contemporary conflict. When that happens, international law reacts by allowing provisions to fall into desuetude, embracing new interpretations of existing prescriptions, or generating new norms through practice or codification. In the 21st Century, both international security and armed conflict are the subject of arguably unprecedented sea changes. As a result, claims that both the" jus ad bellum" and "jus in bello" are unwieldy and ill-fitting in the context of modern hostilities have surfaced prominently. Whether one agrees with such dire assessments, what has become clear is that armed conflict is increasingly exposing faultlines in the law governing the resort to force. The intent of this collection of essays in honour of Professor Yoram Dinstein on the occasion of his 70th birthday is to explore such faultlines, first by identifying them and then by assessing their consequences. In a sense, then, the essays, contributed by the top minds in the field, will serve to assist academics and practitioners to anticipate pressure on the law governing armed conflict and, to the extent possible, react accordingly. Paralleling Professor Dinstein's classic works - "War, Aggression, and Self-Defence and The Conduct of Hostilities Under the Law of International Armed Conflict "? the book addresses both "ius ad bellum" and "ius in bello" topics.
Description : 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.
Description : International Relations and International Law have developed in parallel but distinctly throughout the 20th Century. However in recent years there has been recognition that their shared concerns in areas as diverse as the environment, transnational crime and terrorism, human rights and conflict resolution outweigh their disciplinary and methodological divergences. This concise and accessible volume focuses on collaborative work within the disciplines of international law and international relations, and highlights the need to develop this collaboration further, describing the value for individuals, states, IGOs, and other non-state actors in being able to draw on the cross-pollination of international relations and international legal scholarship. This book: examines how different elements of governance are interacting and shifting from one actor to another analyses the cumulative effect of these shifts, and evaluates how they both enhance and challenge the worlds governing capacity considers how the characteristics of an architecture for a globalized governance are emerging. Helping readers to examine and understand how accumulated actions over time have given rise to system-wide changes, this work is essential reading for all students of international law, international relations and global governance.
Description : "This book hypothesises that an ILI perspective offers a better explanation of the law-State behaviour relationship during international crises than rival explanations grounded in positivism, realism or functional ism. Four case studies of State behaviour - of the US, the Soviet Union and the PRC during the Korean War (1950-1953), of the US and UK during the Suez crisis (1956), of the US and the Soviet Union during the Cuban Missile Crisis (1962) and of the US and an alliance of Latin American States during the Dominican Republic crisis (1965) - are used to test the hypothesis. The findings confirm the greater explanatory efficacy of ILI and demonstrate that the significance of international law to foreign policy decision-making during international crises is more than that of deterring the use of force as is assumed by rival theoretical approaches grounded in a rule-book image of international law."--Back cover.
Description : This book analyzes how states extend their sovereignty beyond their territories through the language of diasporas. An increasing number of states are interested in supporting, managing or controlling their populations abroad, something they define as their ‘diaspora’. Yet what does it mean for governments to formulate claims of sovereignty over populations who reside outside the very borders that legitimate them? This book argues that ‘diaspora’ should be understood as a performative discourse that enables transnational political practices that could otherwise not be justified in a normative structure of world politics, dominated by the imperatives of territorial sovereignty. The empirical analysis focuses on the former Yugoslavia and contemporary Croatia. The first part of the book examines the history of the relations between Croats abroad and their homeland, from the emergence of the question of emigration as a problem of government in the late nineteenth century until the years preceding the formation of the contemporary Croatian state. The second part explores how, in the 1990s, the merging of bureaucratic categories and state practices into the category of ‘diaspora’ was instrumental in mobilizing Croats abroad during the 1991-1995 war; in reshuffling the balance between Serbs and Croats in the citizenry; and in the de facto annexation of parts of neighboring Bosnia-Herzegovina in the immediate aftermath of the war. This book will be of much interest to students of critical security studies, international political sociology, diaspora studies, border studies, and International Relations in general.
Description : The World Court Digest, formerly Fontes Iuris Gentium, continues the series that has presented the decisions of the Permanent Court of International Justice and its successor, the International Court of Justice. The new volume includes the decisions up to 1990 presented in a slightly changed system to facilitate use by the reader. The pronouncements which are of importance for international law in the judgments and advisory opinions of the Court, including separate and dissenting opinions, have been systematically arranged and reproduced in English. The World Court Digest provides the reader with a reliable means of access to the decisions of the most important international judicial organ. The volume includes a subject index as well as lists of the decisions and judges.
Description : Far from hearalding a time of unprecedented peace, the end of "actually existing communism" served to usher in new conflicts, new wars and new reasons for war. That much goes without saying. What is controversial, however; is how we might understand and respond to these new wars. This book offers a new approach. Its distinctive and multidisciplinary range of perspectives, offering quite different views. is based on the conviction that if we are to begin to get to grips with this central feature of our 21st Century lives, we have to go beyond an unhelpful moralism on the one hand and a defeatist appeal to "human nature" on the other. Bob Brecher is Director of the Centre for Applied Philosophy Politics & Ethics (CAPPE) at the University of Brighton, UK. He is author of Forture and The Ticking Bomb (Wiley 2007). Getting What You Want? (Roudedge 1997), editor of several volumes and has published numerous articles in moral and applied philosophy, liberalism and higher education. At the Interface/Probing the Boundaries seeks to encourage and promote cutting edge interdisciplinary and multi-disciplinary projects and inquiry. By bringing people together from differing contexts, disciplines, professions, and vocations, the aim is to engage in conversations that are innovative, imaginative, and creatively interactive Inter-Disciplinary dialogue enables people to go beyond the boundaries of what they usually encounter and share in perspectives that are new, challenging, and richly rewarding. This kind of dialogue often illuminates one's own area of work, is suggestive of new possibilities for development, and creates exciting horizons for future conversations with persons from a wide variety of national and international settings By sharing cross-disciplinary insights and perspectives, ATI/PTB publications are designed to be both exploratory examinations of particular areas and issues, and rigorous inquiries into specific subjects. Books in the series are enabling resources which will encourage sustained and creative dialogue, and become the future resource for further inquiries and research