Reappraising the resort to force : international law, jus ad bellum and the War on Terror
著者
書誌事項
Reappraising the resort to force : international law, jus ad bellum and the War on Terror
(Studies in international law, v. 27)
Hart, 2010
- : hardback
大学図書館所蔵 全11件
  青森
  岩手
  宮城
  秋田
  山形
  福島
  茨城
  栃木
  群馬
  埼玉
  千葉
  東京
  神奈川
  新潟
  富山
  石川
  福井
  山梨
  長野
  岐阜
  静岡
  愛知
  三重
  滋賀
  京都
  大阪
  兵庫
  奈良
  和歌山
  鳥取
  島根
  岡山
  広島
  山口
  徳島
  香川
  愛媛
  高知
  福岡
  佐賀
  長崎
  熊本
  大分
  宮崎
  鹿児島
  沖縄
  韓国
  中国
  タイ
  イギリス
  ドイツ
  スイス
  フランス
  ベルギー
  オランダ
  スウェーデン
  ノルウェー
  アメリカ
注記
Bibliography: p. [157]-172
Includes index
内容説明・目次
内容説明
A number of commentators assert that the military response to the terrorist atrocities of 11 September 2001 - encompassing attacks on Afghanistan and Iraq, and commonly referred to as the 'war on terror' - has significantly impacted upon the international law regulating resort to armed force by states (jus ad bellum), loosening the constraints on self-defence. Some even suggest that the very future of the United Nations, in particular the Security Council and its collective security system, is at risk - at least in its current form. This book does not address the question of the future of the United Nations, an issue probably best left to scholars of international relations. Instead, it seeks to place the 'war on terror' within the context of international law, assessing how, or whether, it can be accommodated within the existing legal framework limiting the use of force.
Through an examination of the lawfulness (or otherwise) of both Operation Enduring Freedom and Operation Iraqi Freedom, including the legal justifications advanced by those states involved and the reaction of the international community, and involving a detailed discussion of the most important developments (ie, the permissibility of self-defence against non-state, terrorist, actors and the 'Bush doctrine' of pre-emptive self-defence against terrorists as proclaimed in the 2002 US National Security Strategy) the book determines whether, and to what extent, the right to use force - or the acceptability of such military action - is currently undergoing a radical transformation. By assessing subsequent developments illustrating the impact that military action against Afghanistan and Iraq has had on the jus ad bellum, this book represents a distinctive and original contribution to the academic literature.
目次
Introduction 1: General Legal Framework 1945-2001: The UN Charter Paradigm and the Jus ad Bellum I. The Prohibition of the Use of Force II. The Use of Force in Self-Defence A. Anticipatory Self-Defence B. The Definition of 'Armed Attack' and Self-Defence against Non-State Actors III. Security Council Authorisation 2: Military Action Against Afghanistan, 2001: Operation Enduring Freedom I. Was there an Armed Attack on the United States? II. Was the Response Necessary? A. Was the Attack Over? B. Was the State of Afghanistan a Legitimate Target? III. Was the Response Proportionate? 3: Military Action Against Iraq, 2003: Operation Iraqi Freedom I. Was the Action Taken in Self-Defence? II. Was the Action Authorised by the Security Council? A. Was Military Action Authorised by Resolution 1441? B. Was Military Action Authorised as a Lawful Response to the Violation of the Ceasefire Agreement? 4: Reappraising the Resort to Force? Jus ad Bellum in the Post-9/11 World I. International Court of Justice Jurisprudence A. The Oil Platforms Case B. The Palestinian Wall Advisory Opinion C. The Armed Activities Case II. State Practice A. Israeli Military Operations in Lebanon and Syria B. Russian Military Operations in Georgia C. Ethiopian Military Operations in Somalia III. A Reappraisal
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