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Author: Charlotte Peevers
Publisher: Oxford University Press
ISBN: 0199686955
Category : Law
Languages : en
Pages : 289
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Book Description
The potential engagement of British forces in military action often leads to intense public debate. This book assesses the public legal justifications for such operations. It critiques the idea that using international legal norms to justify decisions on the use of force will necessarily result in fewer instances of military intervention.
Author: Charlotte Peevers
Publisher: Oxford University Press
ISBN: 0199686955
Category : Law
Languages : en
Pages : 289
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Book Description
The potential engagement of British forces in military action often leads to intense public debate. This book assesses the public legal justifications for such operations. It critiques the idea that using international legal norms to justify decisions on the use of force will necessarily result in fewer instances of military intervention.
Author: George P. Fletcher
Publisher: Oxford University Press
ISBN: 0198040350
Category : Law
Languages : en
Pages : 286
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Book Description
In Defending Humanity, internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to the difficult dilemma of declaring such interventions illegal or ignoring the UN Charter altogether. Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the UN Charter was originally based, in particular, the concept of "legitimate defense," which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves against an imminent attack but also to defend other national groups.
Author: Naomi Head
Publisher: Manchester University Press
ISBN: 9780719083075
Category : Political Science
Languages : en
Pages : 256
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Book Description
When is the use of force for humanitarian purposes legitimate? The book examines this question through one of the most controversial examples of humanitarian intervention in the post Cold War period: the 1999 NATO intervention in Kosovo. Justifying Violence applies a critical theoretical approach to an interrogation of the communicative practices which underpin claims to legitimacy for the use of force by actors in international politics. Drawing on the theory of communicative ethics, the book develops an innovative conceptual framework which contributes a critical communicative dimension to the question of legitimacy that extends beyond the moral and legal approaches so often applied to the intervention in Kosovo. The empirical application of communicative ethics offers a provocative and nuanced account which contests conventional interpretations of the legitimacy of NATO's intervention.
Author: David G. Winter
Publisher: Oxford University Press
ISBN: 0199355584
Category : History
Languages : en
Pages : 441
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Book Description
"Roots of War presents systematic archival, experimental, and survey research on three psychological factors leading to war--desire for power, exaggerated perception of threat, and justification for force -- set in comparative historical accounts of the unexpected 1914 escalation to world war and the peacefully - resolved 1962 Cuban Missile Crisis."--Provided by publisher.
Author: David G. Winter
Publisher: Oxford University Press
ISBN: 0199355762
Category : Psychology
Languages : en
Pages : 441
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Book Description
Ever since Thucydides pondered reasons for the outbreak of the Peloponnesian War, writers, philosophers, and social scientists have tried to identify factors that promote conflict escalation: for example, history (tomorrow's wars are often rooted in yesterday's conflicts), changing balance of power among nations, or domestic political forces. In the end, however, these "causes" are constructed by human beings and involve the memories, emotions, and motives of both the leaders and the led. In July 1914, the long-standing peace of Europe was shattered when the Sarajevo assassinations quickly escalated to World War I. In contrast, at the height of the Cold War, the Cuban Missile Crisis could have easily plunged the world into a thermonuclear world war, but was ultimately peacefully resolved. Why the different outcomes? In Roots of War: Wanting Power, Seeing Threat, Justifying Force, David G. Winter identifies three psychological factors that contributed to the differences in these historical outcomes: the desire for power, exaggerated perception of the opponent's threat, and justification for using military force. Several lines of research establish how these factors lead to escalation and war: comparative archival studies of "war" and "peace" crises, laboratory experiments on threat perception, and surveys of factors leading people to believe that a particular war is "just." The research findings in Roots of War also demonstrate the importance of power in preserving peace through diplomatic interventions, past and present.
Author: Lothar Brock
Publisher: Oxford University Press
ISBN: 0192634631
Category : Law
Languages : en
Pages : 560
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Book Description
The history of war is also a history of its justification. The contributions to this book argue that the justification of war rarely happens as empty propaganda. While it is directed at mobilizing support and reducing resistance, it is not purely instrumental. Rather, the justification of force is part of an incessant struggle over what is to count as justifiable behaviour in a given historical constellation of power, interests, and norms. This way, the justification of specific wars interacts with international order as a normative frame of reference for dealing with conflict. The justification of war shapes this order, and is being shaped by it. As the justification of specific wars entails a critique of war in general, the use of force in international relations has always been accompanied by political and scholarly discourses on its appropriateness. In much of the pertinent literature the dominating focus is on theoretical or conceptual debates as a mirror of how international normative orders evolve. In contrast, the focus of the present volume is on theory and political practice as sources for the re- and de-construction of the way in which the justification of war and international order interact. With contributions from international law, history, and international relations, and from Western and non-Western perspectives, this book offers a unique collection of papers exploring the continuities and changes in war discourses as they respond to and shape normative orders from early modern times to the present.
Author: Christine Chinkin
Publisher: Cambridge University Press
ISBN: 1107171210
Category : History
Languages : en
Pages : 611
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Book Description
Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Author: Nicholas Kerton-Johnson
Publisher: Routledge
ISBN: 1135169349
Category : History
Languages : en
Pages : 208
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Book Description
This book examines the justifications for, and practice of, war by the US since 1990, and examines four case studies: the Gulf War, Kosovo, Afghanistan and Iraq. The author undertakes an examination of presidential speeches and public documents from this period to determine the focal points on which the respective presidents based their rhetoric for war. The work then examines the practice of war in the light of these justifications to determine whether changes in justifications correlate with changes in practice. In particular, the justificatory discourse finds four key themes that emerge in the presidential discourses, which are tracked across the case studies and point to the fundamental driving force in US motivations for going to war. The four key themes which emerge from the data are: international law or norms; human rights; national interest; and egoist morality (similar too, but wider than, 'exceptionalism'). This analysis shows that 9/11 resulted in a radical shift away from an international law and human rights-focused justificatory discourse, to one which was overwhelmingly dominated by egoist-morality justifications and national interest. This book will be of much interest to students of US foreign policy, humanitarian intervention, Security Studies, and IR theory.
Author: Marc Weller
Publisher:
ISBN: 0199673047
Category : Law
Languages : en
Pages : 1377
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Book Description
This Oxford Handbook provides an authoritative and comprehensive analysis of one of the most controversial areas of international law. Over seventy contributors assess the current state of the international law prohibiting the use of force, assessing its development and analysing the many recent controversies that have arisen in this field.
Author:
Publisher: BRILL
ISBN: 9004461809
Category : Law
Languages : en
Pages : 513
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Book Description
This book brings together 18 contributions by authors from different legal systems and backgrounds. They address the political implications of the writing of the history of legal issues ranging from slavery over the use of force and extraterritorial jurisdiction to Eurocentrism.
