This book provides a comprehensive, dispassionate empirical analysis and assessment of the discernible impact that the US has had upon the jus ad bellum in the post-Cold War era. The work focuses on the substantive areas of the jus ad bellum with which the US has most often and significantly engaged with through either its actions, justifications for actions, or adopted policies. In doing so, it draws upon the theory of interpretive communities as its framework of analysis in order to gauge any impact upon this fundamental area of international law. The Persistent Advocate and the Use of Force provides a much needed examination of one of the most controversial issues of international law in recent times whilst, on a more general level, offering a timely defence of the robustness of the jus ad bellum to the practice of powerful states.
About the Author
Christian Henderson, Lecturer in Law, Department of Law, Oxford Brookes University, UK
Table of Contents
Contents: Foreword, Nigel D. White; Preface; Introduction; Assessing impact upon the jus ad bellum; Part I The Use of Force Under the Auspices of the United Nations Security Council: The functioning of the United Nations collective security system: the authorization technique; The unilateral determination of authority to use force under the auspices of the Security Council (I) the revival of authority; The unilateral determination of authority to use force under the auspices of the Security Council (II): enforcing the collective will. Part II The Use of Force in Self-Defence: Self-defence and terrorism: the harbouring standard of attribution; The doctrine of pre-emptive self-defence; Conclusion; Postscript; Index.