Self-Defence against Non-State Actors
In this book, self-defence against non-state actors is examined by three scholars whose geographical, professional, theoretical, and methodological backgrounds and outlooks differ greatly. Their trialogue is framed by an introduction and a conclusion by the series editors. The novel scholarly format...
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| Main Authors: | , , |
|---|---|
| Format: | eBook Book |
| Language: | English |
| Published: |
Cambridge
Cambridge University Press
2019
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| Edition: | 1 |
| Series: | Max Planck Trialogues |
| Subjects: | |
| ISBN: | 9781107190740, 9781316641125, 1107190746, 1316641120, 1108120172, 9781108120173 |
| Online Access: | Get full text |
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Table of Contents:
- Cover -- Half-title page -- Series page -- Title page -- Copyright page -- Contents -- Introduction to the Series: Trialogical International Law -- I. The Pluralistic Structure and Self-Contradictory Substance of International Law -- II. Multiperspectivism -- III. The Timing of the Trialogues: Pressure on International Law's Universality -- IV. Problematising National Perspectives on Questions of the Law Contra Bellum and in Bello -- V. Bottom-Up Universalisation -- VI. Contributing to the Self-Reflexivity of International Legal Scholarship -- Introduction Dilution of Self-Defence and its Discontents -- I. The Controversy Around Self-Defence against Non-State Actors -- II. Revival of the Debate since 2014 -- III. Three Perspectives in a Trialogue -- 1 The Use of Force in Self-Defence against Non-State Actors, Decline of Collective Security and the Rise of Unilateralism: Whither International Law? -- I. Introduction -- A. Importance and Controversy of the Law on the Use of Force -- B. The Role of Policy Considerations -- C. The Purpose of the Chapter -- II. Prohibition on the Use of Force -- A. A Brief Historical Context -- B. The Content and Status of the Prohibition -- III. International Peace and Security Architecture -- A. The Charter as an Instrument for Collective Security -- B. Institutional Framework for Peace and Security under the Charter -- IV. The Law on Self-Defence -- A. General Framework -- B. The Permissibility of Unilateral Use of Force against Non-State Actors -- C. The Proposition that Unilateral Force can be used Extraterritorially in Self-Defence against Non-State Actors -- D. The Rules for Interpreting and Identifying the Scope of Self-Defence in Respect of Non-State Actors -- V. Evaluation of the Scope of the Right of Self-Defence -- A. The 'Inherent Right': Pre-Existing Rules of Customary International Law
- B. Armed Attack does not mean Armed Attack by a State -- VI. Unilateral or Collective Security: The Intersection of Law and Policy -- A. Scope and Limits of the Law of Self-Defence against Non-State Actors -- B. Do Current Circumstances Call for a New Approach? -- VII. Summary and Conclusions -- 2 Self-Defence against Non-State Actors: Making Sense of the 'Armed Attack' Requirement -- I. Introduction -- A major debate: -- A narrow debate: -- A long-standing debate: -- A confused debate: -- II. Setting the Stage -- A. A Problem of Force in International Relations -- B. A Question of Self-Defence -- C. A Question of Treaty Law -- III. The 'Armed Attack' Requirement: Making Sense of the Treaty Text -- A. '… the ordinary meaning to be given to the terms of the treaty …' -- B. ' … in their context … ' -- C. '… and in the light of its object and purpose' -- D. The Preparatory Work of the Treaty and the Circumstances of its Conclusion -- E. The Text of Article 51: Where Do We Stand? -- IV. 'Meaning Through Deeds': Subsequent Practice in Application of the 'Armed Attack' Requirement -- A. Subsequent Practice in Treaty Interpretation -- B. The General Framework: An Inter-State Reading of Self-Defence -- C. Particular Instances of Self-Defence (1946-Late 1980s): A Plea for Nuance -- D. Post-Cold War Practice: Gradual, Palpable Change -- E. Subsequent Practice: Where Do We Stand? -- V. Assessment and Concluding Thoughts -- A. The Case for Asymmetrical Self-Defence -- B. Implications -- 3 Self-Defence, Pernicious Doctrines, Peremptory Norms -- I. Introduction -- II. Evidence of the Durable Meaning of Self-Defence -- A. The Terms of the Charter -- B. The Drafting History of the Charter -- C. The Understanding in UN Organs -- III. Three Pernicious Doctrines of Expansive Self-Defence -- A. Inherent/Imminent -- B. Terrorism/War -- C. Unable/Unwilling
- IV. The Prohibition on the Use of Force as Ius Cogens -- A. The Methodology of Ius Cogens -- B. History, Morality, Natural Law -- C. The Implications of Ius Cogens Status for Self-Defence -- V. Conclusion -- Conclusion Self-Defence against Non-State Actors - The Way Ahead -- I. Different Modes of Engaging with the International Law on Self-Defence -- II. Handling the Sources of Self-Defence -- III. Moral Values and ius cogens -- IV. The Indeterminacy of the Law on Self-Defence -- V. How Does the Law of Self-Defence Change? -- A. Change of the Charter Law -- B. Change of the Customary International Law on Self-Defence -- C. The Law in Transition -- VI. Conclusion -- Index