Pub Date : 2019-01-02DOI: 10.1080/20531702.2019.1622929
C. O’Meara
{"title":"The use of force in international law: a case-based approach","authors":"C. O’Meara","doi":"10.1080/20531702.2019.1622929","DOIUrl":"https://doi.org/10.1080/20531702.2019.1622929","url":null,"abstract":"","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"6 1","pages":"171 - 180"},"PeriodicalIF":0.0,"publicationDate":"2019-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20531702.2019.1622929","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41430283","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-02DOI: 10.1080/20531702.2019.1596468
Noam Lubell, M. Wood
{"title":"The ILA’s 2018 report on aggression and the use of force*","authors":"Noam Lubell, M. Wood","doi":"10.1080/20531702.2019.1596468","DOIUrl":"https://doi.org/10.1080/20531702.2019.1596468","url":null,"abstract":"","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"6 1","pages":"11 - 4"},"PeriodicalIF":0.0,"publicationDate":"2019-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20531702.2019.1596468","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44867499","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-01-02DOI: 10.1080/20531702.2019.1622921
James A. Green
{"title":"Introduction","authors":"James A. Green","doi":"10.1080/20531702.2019.1622921","DOIUrl":"https://doi.org/10.1080/20531702.2019.1622921","url":null,"abstract":"","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"6 1","pages":"1 - 3"},"PeriodicalIF":0.0,"publicationDate":"2019-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20531702.2019.1622921","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46925615","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-03DOI: 10.1080/20531702.2018.1518810
N. White
{"title":"Human rights and personal self-defence in international law","authors":"N. White","doi":"10.1080/20531702.2018.1518810","DOIUrl":"https://doi.org/10.1080/20531702.2018.1518810","url":null,"abstract":"","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"5 1","pages":"395 - 403"},"PeriodicalIF":0.0,"publicationDate":"2018-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20531702.2018.1518810","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42808689","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-03DOI: 10.1080/20531702.2018.1496706
Dennis R. Schmidt, Luca Trenta
ABSTRACT This article assesses the evolution of the international law of the use of force, focusing on how the emergence of unmanned aerial vehicles (UAVs) influenced international norms regulating the right of self-defence. Drawing on constructivist International Relations research, we develop a socio-legal framework that emphasises changes in the interpretation of the meaning of imminence, and investigate how these changes, counter-terrorism, and the introduction of UAVs have contributed to the adoption of more relaxed standards for the use of force in self-defence. We argue that the Obama administration engaged in a systematic effort to redefine imminence and that a significant numbers of states, including key powers such as China, India and the UK, have largely followed this model. This, we suggest, underlines both the ability of dominant states to shape the interpretation of international norms and the influence of strategic and technological developments on the meaning and interpretation of international law.
{"title":"Changes in the law of self-defence? Drones, imminence, and international norm dynamics","authors":"Dennis R. Schmidt, Luca Trenta","doi":"10.1080/20531702.2018.1496706","DOIUrl":"https://doi.org/10.1080/20531702.2018.1496706","url":null,"abstract":"ABSTRACT This article assesses the evolution of the international law of the use of force, focusing on how the emergence of unmanned aerial vehicles (UAVs) influenced international norms regulating the right of self-defence. Drawing on constructivist International Relations research, we develop a socio-legal framework that emphasises changes in the interpretation of the meaning of imminence, and investigate how these changes, counter-terrorism, and the introduction of UAVs have contributed to the adoption of more relaxed standards for the use of force in self-defence. We argue that the Obama administration engaged in a systematic effort to redefine imminence and that a significant numbers of states, including key powers such as China, India and the UK, have largely followed this model. This, we suggest, underlines both the ability of dominant states to shape the interpretation of international norms and the influence of strategic and technological developments on the meaning and interpretation of international law.","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"5 1","pages":"201 - 245"},"PeriodicalIF":0.0,"publicationDate":"2018-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20531702.2018.1496706","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41531007","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-03DOI: 10.1080/20531702.2018.1526995
James A. Green, C. Henderson, T. Ruys
{"title":"Introduction","authors":"James A. Green, C. Henderson, T. Ruys","doi":"10.1080/20531702.2018.1526995","DOIUrl":"https://doi.org/10.1080/20531702.2018.1526995","url":null,"abstract":"","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"5 1","pages":"199 - 200"},"PeriodicalIF":0.0,"publicationDate":"2018-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20531702.2018.1526995","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41674788","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-03DOI: 10.1080/20531702.2018.1524209
Yasmine Nahlawi
ABSTRACT This article examines the legality of NATO's pursuit of regime change in Libya as a means of enforcing UN Security Council (UNSC) Resolution 1973, which, while invoking the ‘responsibility to protect (R2P) doctrine, authorised ‘all necessary measures’ to protect civilians. Following an examination of the powers and limitations of the UNSC, the article employs the rules of interpretation of UNSC resolutions to evaluate whether NATO's pursuit of regime change was compatible with the ordinary meaning, object and purpose and supplementary materials pertaining to Resolution 1973. It concludes that while regime change in Libya could be reconciled with the Resolution's ordinary meaning and object and purpose, it was not supported by supplementary means of interpretation, most notably statements made by states over the course of its adoption. This reveals a need for further discussion regarding the existing or ideal relationship between regime change, UNSC Chapter VII mandates and R2P.
{"title":"The legality of NATO's pursuit of regime change in Libya","authors":"Yasmine Nahlawi","doi":"10.1080/20531702.2018.1524209","DOIUrl":"https://doi.org/10.1080/20531702.2018.1524209","url":null,"abstract":"ABSTRACT This article examines the legality of NATO's pursuit of regime change in Libya as a means of enforcing UN Security Council (UNSC) Resolution 1973, which, while invoking the ‘responsibility to protect (R2P) doctrine, authorised ‘all necessary measures’ to protect civilians. Following an examination of the powers and limitations of the UNSC, the article employs the rules of interpretation of UNSC resolutions to evaluate whether NATO's pursuit of regime change was compatible with the ordinary meaning, object and purpose and supplementary materials pertaining to Resolution 1973. It concludes that while regime change in Libya could be reconciled with the Resolution's ordinary meaning and object and purpose, it was not supported by supplementary means of interpretation, most notably statements made by states over the course of its adoption. This reveals a need for further discussion regarding the existing or ideal relationship between regime change, UNSC Chapter VII mandates and R2P.","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"5 1","pages":"295 - 323"},"PeriodicalIF":0.0,"publicationDate":"2018-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20531702.2018.1524209","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49370996","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-03DOI: 10.1080/20531702.2018.1526996
T. Ruys, C. Vander Maelen, Sebastiaan Van Severen
ABSTRACT The Digest of State Practice covers events relevant to the Journal between 1 January 2018 and 30 June 2018.
《国家实践摘要》涵盖2018年1月1日至2018年6月30日期间与《华尔街日报》相关的事件。
{"title":"Digest of State Practice 1 January–30 June 2018*","authors":"T. Ruys, C. Vander Maelen, Sebastiaan Van Severen","doi":"10.1080/20531702.2018.1526996","DOIUrl":"https://doi.org/10.1080/20531702.2018.1526996","url":null,"abstract":"ABSTRACT The Digest of State Practice covers events relevant to the Journal between 1 January 2018 and 30 June 2018.","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"5 1","pages":"324 - 394"},"PeriodicalIF":0.0,"publicationDate":"2018-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20531702.2018.1526996","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41359702","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-03DOI: 10.1080/20531702.2018.1518079
James A. Green
the conclusion, the author recognises that his analysis is based on the ‘state’s monopoly on the use of force, the rule of law, and respect for human rights’ (343), and it is worth remembering that triptych when faced with alarming tendencies for states, organisations and individuals to use lethal force beyond what is immediately necessary to defend themselves. The book is an impressive defence of a limited right that we all recognise but struggle to conceptualise and define given that its application is context specific. There is no doubt in this reviewer’s mind that this book will be a key reference point for academics and lawyers, as well as law and policy makers, working in the area.
{"title":"Revisiting the concept of defence in the jus ad bellum: The dual face of defence","authors":"James A. Green","doi":"10.1080/20531702.2018.1518079","DOIUrl":"https://doi.org/10.1080/20531702.2018.1518079","url":null,"abstract":"the conclusion, the author recognises that his analysis is based on the ‘state’s monopoly on the use of force, the rule of law, and respect for human rights’ (343), and it is worth remembering that triptych when faced with alarming tendencies for states, organisations and individuals to use lethal force beyond what is immediately necessary to defend themselves. The book is an impressive defence of a limited right that we all recognise but struggle to conceptualise and define given that its application is context specific. There is no doubt in this reviewer’s mind that this book will be a key reference point for academics and lawyers, as well as law and policy makers, working in the area.","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"5 1","pages":"403 - 411"},"PeriodicalIF":0.0,"publicationDate":"2018-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20531702.2018.1518079","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46042613","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2018-07-03DOI: 10.1080/20531702.2018.1521066
Anne Peters
ABSTRACT The German regime on the use of military force provides an important reference point for legal comparison. In a seminal judgment of 1994, the Constitutional Court identified a constitution-based requirement for each military deployment to have parliamentary approval. The formalities of the involvement of the Bundestag were, in 2005, codified in a statute. Recent German participation in coalitions of the willing have raised the question whether such operations are still covered by the constitutional bases, and participation in anti-Islamic State action in Syria is currently under review by the Constitutional Court. The article concludes that the tension between the need to effectively integrate military forces into multinational operations, democratic accountability, and judicial oversight has been uniquely resolved in the German constitution and statutory and case law. It illustrates the feasibility of upholding standards of democracy and the rule of law in foreign and military affairs.
{"title":"Between military deployment and democracy: use of force under the German constitution","authors":"Anne Peters","doi":"10.1080/20531702.2018.1521066","DOIUrl":"https://doi.org/10.1080/20531702.2018.1521066","url":null,"abstract":"ABSTRACT The German regime on the use of military force provides an important reference point for legal comparison. In a seminal judgment of 1994, the Constitutional Court identified a constitution-based requirement for each military deployment to have parliamentary approval. The formalities of the involvement of the Bundestag were, in 2005, codified in a statute. Recent German participation in coalitions of the willing have raised the question whether such operations are still covered by the constitutional bases, and participation in anti-Islamic State action in Syria is currently under review by the Constitutional Court. The article concludes that the tension between the need to effectively integrate military forces into multinational operations, democratic accountability, and judicial oversight has been uniquely resolved in the German constitution and statutory and case law. It illustrates the feasibility of upholding standards of democracy and the rule of law in foreign and military affairs.","PeriodicalId":37206,"journal":{"name":"Journal on the Use of Force and International Law","volume":"5 1","pages":"246 - 294"},"PeriodicalIF":0.0,"publicationDate":"2018-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20531702.2018.1521066","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45686218","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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