The threat of force in international law / Nikolas Stürchler.

Format:

Book

Author/Creator:

Stürchler, Nikolas, author.

Series:

Cambridge studies in international and comparative law (Cambridge, England : 1996) ; 53.

Cambridge studies in international and comparative law ; 53

Language:

English

Subjects (All):

Ultimatums (International relations).

Aggression (International law).

Crimes against peace.

Physical Description:

1 online resource (xxi, 358 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2007.

System Details:

text file

PDF

Summary:

Threats of force are a common feature of international politics, advocated by some as an economical guarantee against the outbreak of war and condemned by others as a recipe for war. Article 2(4) of the United Nations Charter forbids states to use threats of force, yet the meaning of the prohibition is unclear. This book provides the first comprehensive appraisal of the no-threat principle: its origin, underlying rationale, theoretical implications, relevant jurisprudence, and how it has withstood the test of time from 1945 to the present. Based on a systematic evaluation of state and United Nations practices, the book identifies what constitutes a threat of force and when its use is justified under the United Nations Charter. In so doing, it relates the no-threat principle to important concepts of the twentieth century, such as deterrence, escalation, crisis management, and what has been aptly described as the 'diplomacy of violence'.

Contents:

Birth and infancy of a charter rule : the open framework

The menu choice : a guide to interpretation

Precedents of the International Court of Justice

Deciphering post-Charter practice: means and limits

Open threats to extract concessions

Demonstrations of force

Countervailing threats or: threats in self-defence

Findings and conclusions

Epilogue : the law in operation.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Other Format:

Print version:

ISBN:

9780511494338

Access Restriction:

Restricted for use by site license.