{"title":"自卫法的变化?无人机、紧迫性和国际规范动态","authors":"Dennis R. Schmidt, Luca Trenta","doi":"10.1080/20531702.2018.1496706","DOIUrl":null,"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":0.0000,"publicationDate":"2018-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/20531702.2018.1496706","citationCount":"13","resultStr":"{\"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\":null,\"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\":0.0000,\"publicationDate\":\"2018-07-03\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1080/20531702.2018.1496706\",\"citationCount\":\"13\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal on the Use of Force and International Law\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/20531702.2018.1496706\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal on the Use of Force and International Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/20531702.2018.1496706","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"Social Sciences","Score":null,"Total":0}
Changes in the law of self-defence? Drones, imminence, and international norm dynamics
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.