حقوق بین‌الملل و استفاده از زور: راهنمای مستند و مرجع

This book is a discussion of key documents that explain the development, current status, and relevance of the international law governing the initiation of military hostilities.International Law and the Use of Force: A Documentary and Reference Guide brings to life a crucial body of law, explaining its historical origins, the core rules and principles of the regime embodied in the Charter of the United Nations, and contentious aspects of that law in the contemporary world. In light of the intensified interest in the question of justified or unjustified use of force, this timely resource introduces and analyzes over 40 documents relating to the legality of the initiation of military hostilities. The volume presents competing assessments of the legality of key uses of force and explains mainstream positions on important issues such as national right to self-defense, anticipatory and preemptive self-defense, terrorism, aggression, and the role of the UN Security Council. The book concludes by assessing whether the international law that seeks to limit the number of wars has in fact made the world a more peaceful place. The invasion of Iraq by the United States, United Kingdom, and Australia in 2003 prompted an enormous volume of debate around the world as to whether it was the right thing to do and whether or not it was legal in terms of the Charter of the United Nations. Many who had previously had little interest in international law were now able to conduct a discussion as to whether the invasion had or had not been authorized by the United Nations Security Council. Iraq thereby brought starkly into focus the body of international law that seeks to govern whether and when countries may resort to the use of force. In the contemporary world, this body of law has as its centerpiece the Charter of the United Nations of 1945. In the scheme of world history it is therefore a relatively recent development. The attempt to place strict limits on the occasions when a country can use force was one of the great governance innovations of the twentieth century. Although political philosophers and lawyers had long called for this development, there was no proof that it would work. It was a bold experiment, and one that the world could not afford to see fail. This book responds to this heightened interest in international law addressing the use of force and traces the story of this great experiment in world politics The editors (all from the U. of New South Wales, Australia) gather key documents concerning the international law on the use of force by states, with an emphasis on the international law on the use of force as a political endeavor. Each document, they write, is of significance for one or more of three reasons. "Either it sheds light on the political story through which this body of law evolved; or it is a legal document, a "source" of international law; or, third, it helps us to assess the real-world impact of that law." Chapters address the historical background of the current legal regime, outline the current UN Charter framework regarding the use of force; address issues relevant to the right to self-defense, the crime of aggression, and terrorism; and explore the legality of the US invasion of Iraq. Each chapter contains an introduction to the topic, followed by a selection of documents, each of which is accompanied by an analysis of the document's significance and contents. Various sidebars contain associated facts or portions of related documents International law and the struggle for world peace The Treaty of Versailles as a tentative trial run The UN Charter regime on the use of force Key challenges to the general prohibition on the use of force The right of self-defense The crime of aggression Can collective security work? Terrorism, international law, and the use of force Was the U.S. invasion of Iraq legal?