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.
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International Law, Jus ad Bellum and the War on Terror
Produktdetaljer
ISBN
9781847315571
Publisert
2015
Utgave
1. utgave
Utgiver
Vendor
Hart Publishing
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter