Description
Nearly eighty years after the adoption of the United Nations Charter, the prohibition of the use of force remains one of the cornerstones of the international legal order, yet also one of its most contested rules. Contemporary conflicts, technological developments, and evolving state practice continue to test the limits, coherence, and legitimacy of the jus ad bellum regime. Regulating the Use of Force in International Law: Principles, Perspectives and Challenges brings together leading scholars and practitioners to reassess the foundations, operation, and future trajectory of international law governing the resort to force.The volume offers both doctrinal clarity and critical reflection. It firstly revisits the normative character of the prohibition of force, examining its status as a foundational and potentially peremptory rule of international law. It then provides a systematic analysis of established exceptions, including individual and collective self-defence, collective security under the United Nations system, and controversial justifications beyond the UN Charter framework, such as intervention by invitation and humanitarian intervention. The final part addresses emerging and recurring challenges that increasingly shape contemporary debates, including the role of non-state actors, modern mercenarism, cyber operations, and technological developments affecting the regulation of force.Combining conceptual analysis with practice-oriented perspectives, the book reflects insights generated through international academic and practitioner dialogue. It presents a coherent, structured examination. This work serves as an essential resource for scholars, students, and practitioners seeking to understand how the law on the use of force is adapting to geopolitical transformation while continuing to shape the international legal order.
Table of Contents
1. Between Regulation and Prohibition: The Use of Force in International Law Marko Svicevic and Martin FaixPART I: The Prohibition of Force as a Norm in International Law2. The Prohibition on the Threat and Use of Force in International Relations and Its Scope and Function in the Contemporary Jus ad Bellum Terry D. Gill3. The Original Interpretation of Article 2(4) since San Francisco: Lost in Practice but not in Law Patrick M. Butchard4. The Conundrum of Exceptions to the Peremptory Prohibition of Force Felix Herbert5. The Use of Force and Space Dale Stephens and Joanna JarosePART II: Exceptions to the Prohibition of ForceA. Individual and Collective Self-Defense6. Individual and Collective Self-Defense in International Law Michael Wood, Marko Svicevic and Martin Faix7. Reporting sine qua non? On the Obligation to Notify the UN Security Council of Collective Self-Defense Agata Kleczkowska8. De Facto States: A Challenge for the Current Self-Defense Legal Regime Marek Gerle and Milan Lipovský9. When Peace Means Peace - Can the Right to Self-Defense be Waived? Ka Lok YipB. Collective Security10. Collective Security in International Law Erika de Wet11. To be or not to be (Bound by the Jus ad Bellum), that is the Question: On the Applicability of the Jus ad Bellum to International Organizations Martin Faix12. The Fusion of Collective Security and Self-Defense by the UN Security Council Marko SvicevicC. Exceptions Beyond the UN Charter13. Exceptions Beyond the UN Charter: A Conceptual Framework Sergey Sayapin14. Consent and the Use of Force: Inside or Outside the UN Charter? Ben L. Murphy15. The Protection of Nationals Abroad: From Unlawful yet Tolerated to Unlawful and Intolerable Graham MellingPART III: Emerging and Recurring Challenges to the Jus ad Bellum A. The Use of Force and Non-State Actors16. Non-State Actors and the Use of Force: A Doctrinal Framework Michael N. Schmitt17. State Support to Non-State Actors and the Jus ad Bellum W. Casey Biggerstaff18. Terminating the Indeterminate: Legal Traditions and the Limits of the Unable or Unwilling Doctrine Thea Charlotte AndersenB. The Use of Force and Cyber19. The Jus ad Bellum and Cyber War Russell Buchan20. Exploring the Legitimate Boundaries of Self-Defense in the Cyber Context Chris O'Meara21. Armed Attacks and Non-State Cyber Actors: A Deterrence-Focused Approach Emily E. Bobenrieth
