基本説明
New in paperback. Hardcover was published in 2010. A translated and updated version of a book published in French by Pedone in 2008 (Le droit contre la guerre).
Full Description
The Law against War is a translated and updated version of a book published in 2008 in French (Le droit contre la guerre, Pedone). The aim of this book is to study the prohibition of the use of armed force in contemporary positive international law. Some commentators claim that the field has undergone substantial changes arising especially since the end of the Cold War in the 1990s. More specifically, several scholars consider that the prohibition laid down as a principle in the United Nations Charter of 1945 should be relaxed in the present-day context of international relations, a change that would seem to be reflected in the emergence of ideas such as 'humanitarian intervention', 'preventive war' or in the possibility of presuming Security Council authorisation under certain exceptional circumstances. The argument in this book is that while marked changes have been observed, above all since the 1990s, the legal regime laid down by the Charter remains founded on a genuine jus contra bellum and not on the jus ad bellum that characterised earlier periods. 'The law against war', as in the title of this book, is a literal rendering of the familiar Latin expression and at the same time it conveys the spirit of a rule that remains, without a doubt, one of the cornerstones of public international law.From the Foreword by Bruno Simma'Corten's book is weighty not just by its size, but above all through the depth and comprehensiveness with which it analyzes the entirety of what the author calls the law against war, the jus contra bellum... Corten tackles his immense task with a combination of methodical rigour, applying modern positivism and abstaining from constructions of a lex ferenda, and great sensibility for the political context and the ensuing possibilities and limitations of the legal regulation of force.'
Contents
Part 1 1: Methodological debates and methodological options1.1: The methodological debate relating to the non-use of force : extensive approach versus restrictive approach1.2: Methodological options ensuing from the choice of a restrictive approach : conditions governing the evolution of the rule prohibiting the use of force2 : Th subject matter of the prohibition : "resort to force" and "threat"2.1: Prohibition of the resort to " force "2.2: Prohibition of the " threat " of using force3 : The impact of the prohibition : "International Relations" and effects on Third States3.1:Resorting to force in " International Relations " - the problem of non-State actors3.2: Third States in an armed conflict4 : The peremptory nature of the prohibition of using force and its consequences4.1 : A peremptory norm (jus cogens). 4.2 : A rule tolerating no circumstance precluding unlawfulnessPart 2 : Limits to the prohibition of resorting to force5 : Intervention by invitation5.1 : The general legal system of military intervention by invitation5.2 : The legal system of military intervention by invitation in an internal conflict6 : Security Council authorization6.1 : The general legal system of authorized military intervention6.2 : The problem of the presumed authorization7 : Self-defence7.1 : The condition relating to the existence of an "armed attack"7.2 : Necessity and proportionality 8 : Humanitarian Intervention8.1 : The absence of recognition in legal instruments8.2 : The absence of conclusive precedents.
