{"title":"最优战争和战时正义","authors":"E. Posner, A. Sykes","doi":"10.2139/SSRN.546104","DOIUrl":null,"url":null,"abstract":"The laws of war forbid states to use force against each other except in self-defense or with the authorization of the United Nations Security Council. Self-defense is usually understood to mean self-defense against an imminent threat. We model the decision of states to use force against \"rogue\" states, and argue that under certain conditions it may be proper to expand the self-defense exception to preemptive self-defense. We also consider related issues such as humanitarian intervention, collective security, and the role of the Security Council.","PeriodicalId":47702,"journal":{"name":"Georgetown Law Journal","volume":"3 1","pages":"993"},"PeriodicalIF":1.8000,"publicationDate":"2004-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"24","resultStr":"{\"title\":\"Optimal War and Jus Ad Bellum\",\"authors\":\"E. Posner, A. Sykes\",\"doi\":\"10.2139/SSRN.546104\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The laws of war forbid states to use force against each other except in self-defense or with the authorization of the United Nations Security Council. Self-defense is usually understood to mean self-defense against an imminent threat. We model the decision of states to use force against \\\"rogue\\\" states, and argue that under certain conditions it may be proper to expand the self-defense exception to preemptive self-defense. We also consider related issues such as humanitarian intervention, collective security, and the role of the Security Council.\",\"PeriodicalId\":47702,\"journal\":{\"name\":\"Georgetown Law Journal\",\"volume\":\"3 1\",\"pages\":\"993\"},\"PeriodicalIF\":1.8000,\"publicationDate\":\"2004-04-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"24\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Georgetown Law Journal\",\"FirstCategoryId\":\"90\",\"ListUrlMain\":\"https://doi.org/10.2139/SSRN.546104\",\"RegionNum\":2,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q1\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Georgetown Law Journal","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.2139/SSRN.546104","RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q1","JCRName":"LAW","Score":null,"Total":0}
The laws of war forbid states to use force against each other except in self-defense or with the authorization of the United Nations Security Council. Self-defense is usually understood to mean self-defense against an imminent threat. We model the decision of states to use force against "rogue" states, and argue that under certain conditions it may be proper to expand the self-defense exception to preemptive self-defense. We also consider related issues such as humanitarian intervention, collective security, and the role of the Security Council.
期刊介绍:
The Georgetown Law Journal is headquartered at Georgetown University Law Center in Washington, D.C. and has since its inception published more than 500 issues, as well as the widely-used Annual Review of Criminal Procedure (ARCP). The Journal is currently, and always has been, run by law students.