OUVRAGE : M. Weller (ed.) The Oxford Handbook of the Use of Force in International Law

Catherine MAIA

The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. 

This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.

TABLE OF CONTENTS

I Introduction 1: Randall Lesaffer: Too Much History: From War as a Sanction to the Sanctioning of War 2: Daniele Archibugi, Mariano Croce, and Andrea Salvatore: The Debate about the Prohibition of the Use of Force and Collective Security as a Structural Element of International Relations Discourse Through the Centuries 3: Michael Glennon: The Limitations of Traditional Rules and Institutions Relating to the Use of Force 4: James Crawford and Rowan Nicholson: The Relevance of Established Rules and Institutions Relating to the Use of Force 5: Gina Heathcote: Feminist Perspectives on the Law on the Use of Force 6: Jean d'Aspremont: The Use of Force as Enforcement of the International Legal Order? 7: Alexander Orakhelashvili: Changing Jus Cogens through State Practice? - the Case of the Prohibition of the Use of Force II Collective Security and the Non-use of Force 8: Ramesh Thakur: Reconfiguring the UN System of Collective Security 9: Niels Blocker: Security Council Authorizations to Use Force: Recent Developments 10: Ian Johnstone: When the Security Council is Divided: Imprecise Authorizations, Implied Mandates, and the 'Unreasonable Veto' 11: Rob McLaughlin: No-Fly Zones and Maritime Exclusion Zones in Security Council Practice 12: Penelope Nevill: Military Sanctions Enforcement in the Absence of Express Authorization? 13: Nigel D. White: The Relationship Between the UN Security Council and General Assembly in Matters of International Peace and Security 14: Erika de Wet: Regional Organizations and Arrangements: Authorization, Ratification or Independent Action 15: Mark Weisburd: Justicibility of Matters Concerning the Use of Force, including issues addressed by the UN Security Council, before the ICJ 16: Scott Sheeran: The Use of Force in Complex Peace-keeping and Governance Operations 17: Haidi Willmot and Ralph Mamiya: Protection of Civilians in Security Council Practice 18: Nicholas Tsagourias: Self-defence, Protection of Humanitarian Values and the Doctrine of Impartiality and Neutrality in Enforcement Mandates 19: Charlotte Ku: Transparency, Accountability, and Responsibility for Internationally Mandated Operations 20: Andre Nollkaemper: Failure to Protect: Recent Experiences III The Prohibition of the Use of Force, Self-Defence, and other Concepts 21: Nico Schrijver: Article 2(4): History and Present Content 22: Jan Klabbers: Intervention, Armed Intervention, Armed Attack, Threat to Peace, Act of Aggression, and Threat or Use of Force - What's the Difference? 23: Chaloka Beyani: Non-aggression in the African Union 24: Jen Michel Arrighi: The Prohibition of the Use of Force and Non-intervention: Ambition and Practice in the OAS region 25: Sean Murphy: The Crime of Aggression at the ICC 26: Claus Kress: The Prohibition of the Use of Force and Self-defence in ICJ Jurisprudence 27: Vaios Koutroulis: The Prohibition of the Use of Force in Arbitrations and Fact-Finding Reports 28: Jorg Kammerhofer: The Resilience of the Restrictive Rules on Self-defence 29: Sir Michael Wood: Self-defence and Collective Security: Key Distinctions 30: Ashley Deeks: Taming the Doctrine of Preemption 31: Kimberley Trapp: Can Non-state Actors Mount an Armed Attack? 32: Noam Lubell: The Problem of Imminence in an Uncertain World 33: Lindsay Moir: Action against Host States of Terrorist Groups 34: Terry Gill: When Does Self-defence End? 35: Jean Christophe Martin: Theatre of Operations IV Action on Behalf of Peoples and Populations 36: Sir Nigel Rodley: Humanitarian Intervention 37: David Wippman: Pro-democratic Action 38: Gregory H. Fox: Intervention by Invitation 39: Elizabeth Chadwick: Self-determination Movements 40: Marc Weller: A Unifying Theory of Forcible Action on Behalf of Peoples and Populations V Revival of Classical Concepts? 41: Olivier Corten: Necessity 42: Shane Darcy: Retaliation and Reprisal 43: Bill Gilmore: Hot Pursuit 44: Anne Lagerwall and François Dubuisson: The Threat of the Use of Force and Ultimata 45: Wolff Heintschel von Heinegg: Blockades and Interdictions 46: Mathias Forteau: Rescuing Nationals Abroad 47: Martin Waelisch: Peace Agreements and the Use of Force 48: Marina Mancini: The Effects of a State of War or Armed Conflict VI Emerging Areas? 49: Guglielmo Verdirame and Vasco Becker Weinberg: Opposing the Proliferation of Weapons of Mass Destruction and Delivery Vehicles through Interdiction Operations 50: Daniel Joyner: The Implications of the Proliferation of Weapons of Mass Destruction for the Prohibition of the Use of Force 51: Douglas Guilfoyle: Forcible Action to Combat Piracy 52: Marco Pertile: The Changing Environment and Emerging Resource Conflicts 53: Jordan Paust: Remotely Piloted Warfare as a Challenge to the Ius ad Bellum 54: Michael Schmidt: Cyber 'Attacks' - is the Law on the Use of Force ever Involved 55: Ian Ralby: Private Military Companies and the Ius ad Bellum VII General Problems 56: Andre de Hoogh: Ius Cogens Restrictions on, or Demands for, Forcible Action 57: Theodora Christodoulidou and Kalliopi Chainoglou: Proportionality 58: Keiichiro Okimoto: The Interrelationship of the Ius ad bellum and the Ius in bello 59: Paolo Palchetti: Third States and the Use of Force VII Conclusion 60: Marc Weller: Conclusion

 

 Marc WELLER (ed.), The Oxford Handbook of the Use of Force in International Law,
Oxford, Oxford University Press, 2015 (1376 pp.)

Edited by Marc Weller, Professor of International Law and International Constitutional Studies, University of Cambridge; Director of the Lauterpacht Centre for International Law

Marc Weller is Research Assistant to the Legal Tools for Peace-Making Project and Professor Marc Weller, Lauterpacht Centre for International Law, University of Cambridge. He became a member of the Faculty of Law of the University of Cambridge in 1990. From 1997-2000 he was Deputy Director of the Centre of International Studies. He has been Director of Graduate Education in the Department of Politics and International Studies of the University since 2008. Professor Weller holds Masters degrees from the Fletcher School of Law and Diplomacy and the University of Cambridge, and Doctorates in Law, in Economic and Social Sciences, and in International Law from the Universities of Frankfurt, Hamburg and Cambridge respectively.

Assistant Editor: Alexia Solomou is Research and Publications Assistant to the Director, Lauterpacht Centre for International Law, University of Cambridge

Contributors:
Daniele Archibugi - Research Director at the Italian National Research Council, Rome
Jean Michel Arrighi - Secretary for Legal Affairs, Organization of American States
Chaloka Beyani - London School of Economics
Niels Blokker - Leiden Law School
Elizabeth Chadwick - Nottingham Law School
Kalliopi Chainoglou - University of Macedonia
Theodora Christodouli - Legal Service of the Republic of Cyprus
Olivier Corten - Universite Libre de Bruxelles
James Crawford - University of Cambridge
Mariano Croce - University of Antwerp
Jean d'Aspremont - University of Amsterdam
Shane Darcy - Irish Centre for Human Rights, NUI, Galway
Andre de Hoogh - University of Groningen
Ashley Deeks - University of Virginia Law School
Mathias Forteau - University of Paris Ouest
Gregory H. Fox - Wayne State Law School
Terry Gill - University of Amsterdam
Bill Gilmore - Edinburgh Law School
Michael Glennon - Fletcher School of Law and Diplomacy, Tufts University
Douglas Guilfoyle - University College London
Gina Heathcote - School of Oriental and African Studies
Wolff Heintschel von Heinegg - Europa-Universität Viadrina, Frankfurt
Ian Johnstone - Fletcher School of Law and Diplomacy, Tufts University
Daniel Joyner - University of Alabama
Joerg Kammerhofer - University of Erlangen-Nuremberg
Jan Klabbers - University of Helsinki
Vaios Koutroulis - Université Libre de Bruxelles
Claus Kress - Universitat Koln
Charlotte Ku - College of Law, University of Illinois
Randall Lesaffer - Tilburg University
Noam Lubell - University of Essex
Marina Mancini - Mediterranean University of Reggio Calabria
Jean Christophe Martin - Université Nice Sophia Antipolis
Rob McLaughlin - Australian National University
Ralph Mamiya - United Nations
Lindsay Moir - University of Hull
Sean Murphy - George Washington University
Penelope Nevill - 20 Essex Street Chambers
Andre Nollkaemper - University of Amsterdam
Keiichiro Okimoto - Office of Legal Affairs, United Nations
Alexander Orakhelashvili - Birmingham Law School
Paolo Palchetti - Università degli studi di Macerata
Jordan Paust - University of Houston
Marco Pertile - The Graduate Institute, Geneva
Ian Ralby - University of Cambridge
Sir Nigel Rodley - University of Essex
Andrea Salvatore - La Sapienza, University of Rome
Michael Schmidt - University of Durham
Nico Schrijver - Leiden Law School
Scott Sheeran - University of Essex
Ramesh Thakur - Crawford School, Australian National University
Kimberley Trapp - University of Cambridge
Nicholas Tsagourias - University of Glasgow
Guglielmo Verdirame - King's College London
Martin Waehlisch - American University, Beirut
Mark Weisburd - University of North Carolina
Erika de Wet - University of Pretoria
Vasco Becker Weinberg - Max Planck Institute for Comparative and International Private Law
Nigel D. White - Nottingham Law School
Haidi Willmot - University of Essex
David Wippman - University of Minnesota
Sir Michael Wood - Lauterpacht Centre for International Law