Reappraising the resort to force : international law, jus ad bellum and the War on Terror / Lindsay Moir.

Format:

Book

Author/Creator:

Moir, Lindsay, 1970- author.

Series:

Studies in international law (Oxford, England) ; v. 27.

Studies in international law ; v. 27

Language:

English

Subjects (All):

Terrorism--Prevention--Law and legislation.

Terrorism.

War (International law).

Physical Description:

1 online resource (194 p.)

Edition:

1st ed.

Place of Publication:

Portland, Or : Hart Publishing, 2010.

Language Note:

English

Summary:

"A number of commentators assert that the military response to the terrorist atrocities of 11 September 2001 - encompassing attacks on Afghanistan and Iraq, and commonly referred to as the 'war on terror' - has significantly impacted upon the international law regulating resort to armed force by states (jus ad bellum), loosening the constraints on self-defence. Some even suggest that the very future of the United Nations, in particular the Security Council and its collective security system, is at risk - at least in its current form. This book does not address the question of the future of the United Nations, an issue probably best left to scholars of international relations. Instead, it seeks to place the 'war on terror' within the context of international law, assessing how, or whether, it can be accommodated within the existing legal framework limiting the use of force. Through an examination of the lawfulness (or otherwise) of both Operation Enduring Freedom and Operation Iraqi Freedom, including the legal justifications advanced by those states involved and the reaction of the international community, and involving a detailed discussion of the most important developments (ie, the permissibility of self-defence against non-state, terrorist, actors and the 'Bush doctrine' of pre-emptive self-defence against terrorists as proclaimed in the 2002 US National Security Strategy) the book determines whether, and to what extent, the right to use force - or the acceptability of such military action - is currently undergoing a radical transformation. By assessing subsequent developments illustrating the impact that military action against Afghanistan and Iraq has had on the jus ad bellum, this book represents a distinctive and original contribution to the academic literature."--Bloomsbury Publishing.

Contents:

General legal framework 1945-2001 : the UN charter paradigm and the jus ad bellum

Military action against Afghanistan, 2001 : Operation Enduring Freedom

Military action against Iraq, 2003 : Operation Iraqi Freedom

Reappraising the resort to force? : jus ad bellum in the post-9/11 world.

Notes:

Description based upon print version of record.

Includes bibliographical references (pages [157]-172) and index.

ISBN:

9786612659454

9781472564962

1472564960

9781282659452

1282659456

9781847315571

1847315577

OCLC:

649915976