Overview

The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.

Full Product Details

Author:   Marc Weller (Professor Marc Weller, Director of the Lauterpacht Centre for International Law, University of Cambridge) ,  Jake William Rylatt (, Research Assistant to the Legal Tools for Peace-Making Project, Lauterpacht Centre for International Law, University of Cambridge) ,  Alexia Solomou (, Associate Legal Officer, International Court of Justice)
Publisher:   Oxford University Press
Imprint:   Oxford University Press
Dimensions:   Width: 17.10cm , Height: 6.40cm , Length: 24.60cm
Weight:   1.926kg
ISBN:  

9780199673049

ISBN 10:   0199673047
Pages:   1372
Publication Date:   15 January 2015
Audience:   College/higher education ,  Professional and scholarly ,  Tertiary & Higher Education ,  Professional & Vocational
Format:   Hardback
Publisher's Status:   Active
Availability:   To order  
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Table of Contents

I Introduction 1: Randall Lesaffer: Too Much History: From War as a Sanction to the Sanctioning of War 2: Daniele Archibugi, Mariano Croce, and Andrea Salvatore: Law of Nations or Perpetual Peace? Two Early International Theories on the Use of Force 3: Michael Glennon: The Limitations of Traditional Rules and Institutions Relating to the Use of Force 4: James Crawford and Rowan Nicholson: The Continued Relevance of Established Rules and Institutions Relating to the Use of Force 5: Gina Heathcote: Feminist Perspectives on the Law on the Use of Force 6: Jean d'Aspremont: The Collective Security System and the Enforcement of International Law 7: Alexander Orakhelashvili: Changing Jus Cogens through State Practice? - the Case of the Prohibition of the Use of Force and its Exce ptions II Collective Security and the Non-use of Force 8: Ramesh Thakur: Reconfiguring the UN System of Collective Security 9: Niels Blocker: Outsourcing the Use of Force: Towards More Security Council Control of Authorized Operations? 10: Ian Johnstone: When the Security Council is Divided: Imprecise Authorizations, Implied Mandates, and the 'Unreasonable Veto' 11: Rob McLaughlin: United Nations Security Council Practice in Relation to Use of Force in No-Fly Zones and Maritime Exclusion Zones 12: Penelope Nevill: Military Sanctions Enforcement in the Absence of Express Authorization? 13: Nigel D. White: The Relationship Between the UN Security Council and General Assembly in Matters of International Peace and Security 14: Erika de Wet: Regional Organizations and Arrangements: Authorization, Ratification or Independent Action 15: A. Mark Weisburd: Use of Force: Justiciability and Admissibility 16: Scott Sheeran: The Use of Force in United Nations Peace-keeping Operations 17: Haidi Willmot and Ralph Mamiya: Mandated to Protect: Security Council Practice on the Protection of Civilians 18: Nicholas Tsagourias: Self-defence, Protection of Humanitarian Values and the Doctrine of Impartiality and Neutrality in Enforcement Mandates 19: Charlotte Ku: Transparency, Accountability, and Responsibility for Internationally Mandated Operations 20: Andre Nollkaemper: Failure to Protect in International Law III The Prohibition of the Use of Force, Self-Defence, and other Concepts 21: Nico Schrijver: The Ban on the Use of Force in the UN Charter 22: Jan Klabbers: Intervention, Armed Intervention, Armed Attack, Threat to Peace, Act of Aggression, and Threat or Use of Force - What's the Difference? 23: Jen Michel Arrighi: The Prohibition of the Use of Force and Non-intervention: Ambition and Practice in the OAS region 24: Sean Murphy: The Crime of Aggression at the International Criminal Court 25: Claus Kress: The International Court of Justice and the 'Principle of Non-Use of Force' 26: Vaios Koutroulis: The Prohibition of the Use of Force in Arbitrations and Fact-Finding Reports 27: Jorg Kammerhofer: The Resilience of the Restrictive Rules on Self-defence 28: Sir Michael Wood: Self-defence and Collective Security: Key Distinctions 29: Ashley Deeks: Taming the Doctrine of Preemption 30: Kimberley Trapp: Can Non-state Actors Mount an Armed Attack? 31: Noam Lubell: The Problem of Imminence in an Uncertain World 32: Lindsay Moir: Action against Host States of Terrorist Groups 33: Terry Gill: When Does Self-defence End? 34: Jean Christophe Martin: Theatre of Operations IV Action on Behalf of Peoples and Populations 35: Sir Nigel Rodley: Humanitarian Intervention 36: David Wippman: Pro-democratic Action 37: Gregory H. Fox: Intervention by Invitation 38: Elizabeth Chadwick: National Liberation in the Context of Post- and Non-Colonial Struggles for Self-Determination V Revival of Classical Concepts? 39: Olivier Corten: Necessity 40: Shane Darcy: Retaliation and Reprisal 41: Bill Gilmore: Hot Pursuit 42: Anne Lagerwall and François Dubuisson: The Threat of the Use of Force and Ultimata 43: Wolff Heintschel von Heinegg: Blockades and Interdictions 44: Mathias Forteau: Rescuing Nationals Abroad 45: Martin Waelisch: Peace Settlements and the Prohibition of the Use of Force 46: Marina Mancini: The Effects of a State of War or Armed Conflict VI Emerging Areas? 47: Guglielmo Verdirame and Vasco Becker Weinberg: Proliferation of Weapons of Mass Destruction and Shipping Interdiction 48: Daniel Joyner: The Implications of the Proliferation of Weapons of Mass Destruction for the Prohibition of the Use of Force 49: Douglas Guilfoyle: The Use of Force Against Pirates 50: Marco Pertile: The Changing Environment and Emerging Resource Conflicts 51: Jordan Paust: Remotely Piloted Warfare as a Challenge to the Ius ad Bellum 52: Michael Schmidt: The Use of Cyber Force and International Law 53: Ian Ralby: Private Military Companies and the Jus ad Bellum VII General Problems 54: Andre de Hoogh: Ius Cogens and the Use of Armed Force 55: Theodora Christodoulidou and Kalliopi Chainoglou: The Principle of Proportionality from a us ad Bellum Perspective 56: Keiichiro Okimoto: The Relationship Between Ius ad Bellum and Jus in bello 57: Paolo Palchetti: Consequences for Third States as a Result of an Unlawful Use of Force

Reviews

The Handbook contains well-documented and complete research on the problems raised by the prohibition of the threat and use of force in international law and its exceptions. [It] should be praised for the richness of the contributions, which stimulate the attention of the reader. The Handbook is to be recommended to those who want to deepen their understanding of the topic of use of force in international relations and are interested in having a global outlook on such an important subject of international law. Natalino Ronzitti, Italian Yearbook of International Law

Author Information

Marc Weller is Director of the Lauterpacht Centre for International Law, University of Cambridge. He became a member of the Faculty of Law of the University of Cambridge in 1990. From 1997-2000 he was Deputy Director of the Centre of International Studies. He has been Director of Graduate Education in the Department of Politics and International Studies of the University since 2008. Professor Weller holds Masters degrees from the Fletcher School of Law and Diplomacy and the University of Cambridge, and Doctorates in Law, in Economic and Social Sciences, and in International Law from the Universities of Frankfurt, Hamburg and Cambridge respectively. Jake William Rylatt is Research Assistant to the Legal Tools for Peace-Making Project, Lauterpacht Centre for International Law, University of Cambridge Alexia Solomou is Associate Legal Officer, International Court of Justice.

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