The Oxford Handbook of the Use of Force in International Law

Edited by Marc Weller
Assistant Editors Jake William Rylatt and Alexia Solomou

Oxford Handbooks

This Oxford Handbook provides the most comprehensive, authoritative, and detailed study into the use of force in international law yet available
Over sixty experts offer an unparalleled assessment of the law of the use of force from a range of inter-disciplinary perspectives
Investigates key recent controversies in this field, including forcible humanitarian action and pro-democratic intervention, the expansive interpretation of self-defence, the ability of non-state actors to mount armed attacks of significant scale and destructive power, and the doctrine of exceptionalism

The Oxford Handbook of the Use of Force in International Law

Edited by Marc Weller
Assistant Editors Jake William Rylatt and Alexia Solomou

Description

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.

The Oxford Handbook of the Use of Force in International Law

Edited by Marc Weller
Assistant Editors Jake William Rylatt and Alexia Solomou

Oxford Handbooks

I Introduction
1:Too Much History: From War as a Sanction to the Sanctioning of War, Randall Lesaffer
2:Law of Nations or Perpetual Peace? Two Early International Theories on the Use of Force, Daniele Archibugi, Mariano Croce, and Andrea Salvatore
3:The Limitations of Traditional Rules and Institutions Relating to the Use of Force, Michael Glennon
4:The Continued Relevance of Established Rules and Institutions Relating to the Use of Force, James Crawford and Rowan Nicholson
5:Feminist Perspectives on the Law on the Use of Force, Gina Heathcote
6:The Collective Security System and the Enforcement of International Law, Jean d'Aspremont
7:Changing Jus Cogens through State Practice? - the Case of the Prohibition of the Use of Force and its Exce ptions, Alexander Orakhelashvili
II Collective Security and the Non-use of Force
8:Reconfiguring the UN System of Collective Security, Ramesh Thakur
9:Outsourcing the Use of Force: Towards More Security Council Control of Authorized Operations?, Niels Blocker
10:When the Security Council is Divided: Imprecise Authorizations, Implied Mandates, and the 'Unreasonable Veto', Ian Johnstone
11:United Nations Security Council Practice in Relation to Use of Force in No-Fly Zones and Maritime Exclusion Zones, Rob McLaughlin
12:Military Sanctions Enforcement in the Absence of Express Authorization?, Penelope Nevill
13:The Relationship Between the UN Security Council and General Assembly in Matters of International Peace and Security, Nigel D. White
14:Regional Organizations and Arrangements: Authorization, Ratification or Independent Action, Erika de Wet
15:Use of Force: Justiciability and Admissibility, A. Mark Weisburd
16:The Use of Force in United Nations Peace-keeping Operations, Scott Sheeran
17:Mandated to Protect: Security Council Practice on the Protection of Civilians, Haidi Willmot and Ralph Mamiya
18:Self-defence, Protection of Humanitarian Values and the Doctrine of Impartiality and Neutrality in Enforcement Mandates, Nicholas Tsagourias
19:Transparency, Accountability, and Responsibility for Internationally Mandated Operations, Charlotte Ku
20:Failure to Protect in International Law, Andre Nollkaemper
III The Prohibition of the Use of Force, Self-Defence, and other Concepts
21:The Ban on the Use of Force in the UN Charter, Nico Schrijver
22:Intervention, Armed Intervention, Armed Attack, Threat to Peace, Act of Aggression, and Threat or Use of Force - What's the Difference?, Jan Klabbers
23:The Prohibition of the Use of Force and Non-intervention: Ambition and Practice in the OAS region, Jen Michel Arrighi
24:The Crime of Aggression at the International Criminal Court, Sean Murphy
25:The International Court of Justice and the 'Principle of Non-Use of Force', Claus Kress
26:The Prohibition of the Use of Force in Arbitrations and Fact-Finding Reports, Vaios Koutroulis
27:The Resilience of the Restrictive Rules on Self-defence, Jorg Kammerhofer
28:Self-defence and Collective Security: Key Distinctions, Sir Michael Wood
29:Taming the Doctrine of Preemption, Ashley Deeks
30:Can Non-state Actors Mount an Armed Attack?, Kimberley Trapp
31:The Problem of Imminence in an Uncertain World, Noam Lubell
32:Action against Host States of Terrorist Groups, Lindsay Moir
33:When Does Self-defence End?, Terry Gill
34:Theatre of Operations, Jean Christophe Martin
IV Action on Behalf of Peoples and Populations
35:Humanitarian Intervention, Sir Nigel Rodley
36:Pro-democratic Action, David Wippman
37:Intervention by Invitation, Gregory H. Fox
38:National Liberation in the Context of Post- and Non-Colonial Struggles for Self-Determination, Elizabeth Chadwick
V Revival of Classical Concepts?
39:Necessity, Olivier Corten
40:Retaliation and Reprisal, Shane Darcy
41:Hot Pursuit, Bill Gilmore
42:The Threat of the Use of Force and Ultimata, Anne Lagerwall and François Dubuisson
43:Blockades and Interdictions, Wolff Heintschel von Heinegg
44:Rescuing Nationals Abroad, Mathias Forteau
45:Peace Settlements and the Prohibition of the Use of Force, Martin Waelisch
46:The Effects of a State of War or Armed Conflict, Marina Mancini
VI Emerging Areas?
47:Proliferation of Weapons of Mass Destruction and Shipping Interdiction, Guglielmo Verdirame and Vasco Becker Weinberg
48:The Implications of the Proliferation of Weapons of Mass Destruction for the Prohibition of the Use of Force, Daniel Joyner
49:The Use of Force Against Pirates, Douglas Guilfoyle
50:The Changing Environment and Emerging Resource Conflicts, Marco Pertile
51:Remotely Piloted Warfare as a Challenge to the Ius ad Bellum, Jordan Paust
52:The Use of Cyber Force and International Law, Michael Schmidt
53:Private Military Companies and the Jus ad Bellum, Ian Ralby
VII General Problems
54:Ius Cogens and the Use of Armed Force, Andre de Hoogh
55:The Principle of Proportionality from a us ad Bellum Perspective, Theodora Christodoulidou and Kalliopi Chainoglou
56:The Relationship Between Ius ad Bellum and Jus in bello, Keiichiro Okimoto
57:Consequences for Third States as a Result of an Unlawful Use of Force, Paolo Palchetti

The Oxford Handbook of the Use of Force in International Law

Edited by Marc Weller
Assistant Editors Jake William Rylatt and Alexia Solomou

Oxford Handbooks

Author Information

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

Assistant Editors Jake William Rylatt, Research Assistant to the Legal Tools for Peace-Making Project, Lauterpacht Centre for International Law, University of Cambridge, and Alexia Solomou, Associate Legal Officer, International Court of Justice

Marc Weller is Director of the 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.

Jake William Rylatt is Research Assistant to the Legal Tools for Peace-Making Project, Lauterpacht Centre for International Law, University of Cambridge

Alexia Solomou is Associate Legal Officer, International Court of Justice.

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
William C. 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

The Oxford Handbook of the Use of Force in International Law

Edited by Marc Weller
Assistant Editors Jake William Rylatt and Alexia Solomou

Oxford Handbooks

Reviews and Awards

"The Handbook contains well-documented and complete research on the problems raised by the prohibition of the threat and use of force in international law and its exceptions. [It] should be praised for the richness of the contributions, which stimulate the attention of the reader. The Handbook is to be recommended to those who want to deepen their understanding of the topic of use of force in international relations and are interested in having a global outlook on such an important subject of international law." - Natalino Ronzitti, Italian Yearbook of International Law

The Oxford Handbook of the Use of Force in International Law

Edited by Marc Weller
Assistant Editors Jake William Rylatt and Alexia Solomou

Oxford Handbooks

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