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Oxford Law Citator
Contents
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Preliminary Material
Table of Contents
Table of Cases
International
Canada
International Court of Justice (ICJ)
Israel
Permanent Court of Arbitration (PCA)
Table of Legislation
Other Legislations
China
United States
European Legislation
Treaties
International Instruments
Treaties, Conventions & etc.
List of Abbreviations
Main Text
1 Law and force
Identification of the Law
Effectiveness of the Prohibition of the Use of Force
2 The prohibition of the use of force
Humanitarian Intervention
Kosovo: A New Role for NATO
Legality of Use of Force: the case before the International Court of Justice
The subsequent debate
Responsibility to Protect?
Darfur
Libya
Côte d’Ivoire (2011)
Right of Pro-Democratic Intervention
Force and Self-Determination
Other Claims Under Article 2(4)
3 Invitation and intervention
The Nicaragua Case
Armed Activities on the Territory of the Congo (DRC v Uganda)
The Right of a Government to Invite Outside Intervention
Classification of conflicts
Invitation by governments in practice
Intervention in Response to Prior Foreign Intervention
The Identification of the Government Entitled to Invite Intervention
Forcible Intervention to Assist the Opposition
Syria
Conclusion
4 Self-defence: the framework
Introduction
The Academic Debate
The Role of the Security Council
The duty to report to the Security Council
Self-defence as a temporary right
Security Council measures and self-defence
The Scope of Self-Defence
Armed attack
Cross-border action by irregular forces
Turkey, Iraq, and the Kurds
Iranian Oil Platforms case
Gravity of attack
Criticism of the distinction between armed attack and frontier incident
Arguments for the distinction between armed attack and frontier incident
Necessity and proportionality
Accumulation of events
Protection of nationals
Anticipatory self-defence before the ‘Bush doctrine’
Conclusion
Collective Self-Defence
The Nicaragua Case
State practice on collective self-defence
The requirement of a request
Third state interest?
The duty to report to the Security Council under Article 51
Iraq and the Complexities of Collective Self-Defence
Conclusion
5 The use of force against terrorism: a new war for a new century?
Pre-9/11 Practice
The Impact of 9/11
The concept of armed attack after 9/11
Subsequent Practice
Israel, Syria, and Lebanon 2001–6
Israel/Lebanon 2006
Gaza (2008–9, 2012, 2014)
Other conflicts
Ethiopia/Somalia 2006
Turkey v PKK in Iraq (2015 onwards)
Colombia/Ecuador (2008)
Russia and Georgia (2002)
Summary of practice
Necessity and Proportionality
Israel in Lebanon and Gaza
Operation Enduring Freedom
Targeted Killing
Syria
The Bush Doctrine of Pre-Emptive Self-Defence
Iraq and Pre-Emptive Self-Defence
The Next Steps: Iran and North Korea
North Korea
Iran
6 The UN and the use of force
The UN in the Cold War
Chapter VII action
The division of powers between the Security Council and the General Assembly
Peacekeeping during the Cold War
A New Legal Order? Chapter VII After the Cold War
Article 41: Transformation
Peacekeeping After the Cold War
The end of Cold War conflicts
The start of new conflicts
Peacekeeping in Africa
Peacekeeping and Enforcement Action
Yugoslavia
Somalia
Contemporaneous peacekeeping and enforcement operations
Rwanda
Reform of UN Peacekeeping
The Relation of UN Peacekeeping and Chapter VII
Consent to peacekeeping
The use of force by peacekeeping operations: self-defence
The use of force by peacekeeping operations: beyond self-defence
Protection of civilians
Sierra Leone
South Sudan
CAR
A Transformation in Peacekeeping?
DRC
Mali
Conclusion
7 Security Council authorization of member states to use force
Express Authorization
Haiti
Rwanda
Albania
The CAR and Chad
East Timor
The need for control of member state operations
Member state operations in Africa: Côte d’Ivoire, Liberia, and the DRC
Kosovo
Afghanistan
The multinational force in Iraq (2003)
Implied (or Revived) Authorization to Use Force
Iraq 1991–2002
The 1999 Kosovo operation
Operation Iraqi Freedom (2003)
Security Council Resolution 1441 (2002)
The ‘coalition’ case for action
Libya (2011)
Mali
Conclusion
8 Regional peacekeeping and enforcement action
Introduction
Cooperation Between the UN and Regional Organizations
Cooperation between the UN and the AU
AU Operations
The AU in Somalia: AMISOM
The AU in Darfur: AMIS and UNAMID
The AU in Mali: AFISMA
The AU in the CAR: MISCA
‘Regional Arrangements and Agencies’
The Constitutional Bases for Regional Peacekeeping
The Legality of Regional Action in Terms of the UN Charter and General International Law
ECOWAS action in Liberia (1990–7)
The legality of the operation under the UN Charter
Consent of the host state
The impartiality of ECOMOG
Enforcement action
ECOWAS cooperation with a UN force
Conclusion
The former USSR
Tajikistan
Abkhazia, Georgia
ECOWAS action in Sierra Leone
A Reinterpretation of Article 53 of the UN Charter?
A regional right to use force to restore democratic government?
Côte d’Ivoire
Liberia (2003), the CAR (2003), and Gambia (2017)
Conclusion
Further Material
Index
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Table of Contents
From:
International Law and the Use of Force (4th Edition)
Christine Gray
Previous Edition (3 ed.)
Content type:
Book content
Product:
Oxford Scholarly Authorities on International Law [OSAIL]
Published in print:
15 February 2018
ISBN:
9780198808411
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