Buch, Englisch, 266 Seiten
Buch, Englisch, 266 Seiten
ISBN: 978-1-929446-75-9
Verlag: Juris
Gazzini discusses to what extent the rules on the use of force have evolved since the end of the Cold War in order to meet the needs of the international community. It focuses in particular on the military operations directed against terrorism and weapons of mass destruction. The research is developed from the standpoint of the sources of international law. It rejects a static vision of the rules on the use of force, including those enshrined in the UN Charter. Rather, it highlights the interaction between conventional and customary international law and the exposure of both sources to state practice.
The book is aimed at graduate and postgraduate students in International Law, International Organisations and International Relations; as well as practitioner's, international civil servants, diplomats and professionals working in governmental and non-governmental organisations.
Autoren/Hrsg.
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Abbreviations
Introduction
Part 1 The collective use of force
I. The collective security system established by the Charter
The Pivotal role of Art. 39 of the Charter
The legal basis of the Security Council’s powers
The economic enforcement measures
The military enforcement measures
The limits to the Security Council’s powers
II. The collective security system in practice
The enlargement of the notion of threat to peace
The consequences of the non-implementation of Articles 43 et. seq.
Peace-enforcement by the United Nations
The so-called authorization practice
The question of control
The emergence of a rule allowing Member States to carry out military enforcement measures
III. The attempted dismantling of the collective security system
Main deviations from the so-called authorization practice
Military operations in and against Iraq in the aftermath of the Gulf Crisis
Liberia
Bosnia-Herzegovina
Sierra Leone
Kosovo
Afghanistan
Iraq (2003)
The impact of State practice upon collective security law
The inadmissibility of ex post facto authorisations
The inadmissibility of implied authorisations
Challenging the rule
The attempted dismantling of the collective security system
The practice of regional organisations and its impact on Chapter VIII of the Charter
The North Atlantic Treaty Organisation
The Economic Community of Western African States
Part 2 The individual or joint use of force
IV. Self-defense and other forms of unilateral use of force
The relationship between the norms on the use of force under the Charter and under customary international law
The alleged dependence of Art. 2(4) on the effective functioning of the collective security system
The right of self-defense
Armed attack as a prerequisite for self-defense
The so-called indirect aggression
Conditions for and limits to the resort to force in self-defence
Immediacy
Necessity
Proportionality
Anticipatory self-defence
The international control over self-defence claims
Armed reprisals to enforce international rights
Protection of nationals abroad
Humanitarian intervention
V. The international fight against terrorism and the proliferation of weapons of mass destruction
Terrorist activities as armed attack
States’ involvement in terrorism
The limits of self-defence in the fight against international terrorism
Immediacy
Necessity
Proportionality
The question of pre-emptive self-defence
Armed reprisals against international terrorism
The doctrine of state of necessity in the context of international terrorism
Self-defence and weapons of mass destruction
Conditions and limits of the exercise of the right to self-defence with nuclear weapons
International obligations concerning weapons of mass destruction
Mechanisms of international enforcement of disarmament obligations not involving the use of force
The collective use of force to impose the respect of disarmament obligations
Unilateral or joint military measures to enforce disarmament obligations and to curb the trafficking of weapons of mass destruction
Concluding remarks
Bibliography
Index
