ESIL Interest Group History of International Law

ESIL Interest Group History of International Law

dinsdag 29 mei 2018

BOOK: Robert KOLB, International Law on the Maintenance of Peace. Jus Contra Bellum [Principles of International Law Series] (Cheltenham: E. Elgar 2018), 520 p. GBP 103,5

(image source: E. Elgar)

Book abstract:
The law on the use of force in relation to the maintenance of international peace remains one of the most important areas of international law and international relations to date. Rather than simply provide another factual account of the law in this area, this detailed and analytical book seeks to explore its normative aspects. Rooted in public international law, the book provides insight into the historical evolution and sociological environment of this particular branch of law. The competences and practice of the UN and of regional organizations in maintaining peace are examined before the focus is shifted to the inter-State level, the main non-use of force rule and its claimed or recognized exceptions. Robert Kolb analyses each of these rules separately, before concluding with insightful reflections on the current state-of-play and considerations for future developments. Inquiring, yet practical, this book will appeal to students and scholars studying both international law and international relations, particularly with regard to peace and conflict. It will also be of interest to government officials working in the field.
Table of contents:
 Contents: Foreword
PART I General features and historic development of the law of and against war - jus contra bellum
1. General features
2. The historic development of limitations on recourse to force: Main periods in which the jus ad bellum has come under pressure
3. Overview: state of the law in 1939
PART II Powers of the organised collectivity (particularly the UN Security Council)
4. Scheme and structure of the UN Charter 5.
Chapter VII of the Charter: co-ercive powers of the Security Council
5. Executing (through the use of force?) a judgment of the International Court of Justice
6. The exercise of parallel competences by the Security Council and the International Court of Justice
7. The binding character of Security Council decisions under Chapter VII or under Article 94 § 2 of the Charter ; Article 50 of the Charter
8. Classic and robust peacekeeping operations
9. Chapter VII of the Charter and neutrality
PART III The prohibition against the use of force and exceptions for individual States
10. The prohibition against the use of force: Article 2 (4) of the Charter
11. Exceptions to the prohibition against the use of force
12. Peaceful change Bibliography Index

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