Jump to Content Jump to Main Navigation
The Oxford Handbook of the Use of Force in International Law edited by Weller, Marc (1st January 2015)

Part I Introduction, Ch.4 The Continued Relevance of Established Rules and Institutions Relating to the Use of Force

James Crawford, Rowan Nicholson

From: The Oxford Handbook of the Use of Force in International Law

Edited By: Marc Weller

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 19 June 2019

Subject(s):
Armed conflict, international — Armed conflict, non-international — Self-defence — Jurisdiction — UN Charter — Vienna Convention on the Law of Treaties — Collective security — Opinio juris — Customary international law — Peremptory norms / ius cogens

This chapter examines the relevance of the international law and institutions governing the use of force (jus ad bellum). It considers a number of critiques centred on whether the rules expressed in the UN Charter are effective in practice, too indeterminate, or too strict. First is the realist critique that views the rules on the use of force as ineffective. Second is the legal critique that the prohibition on the use of force does not amount to international law at all. In particular, the chapter discusses Michael Glennon’s argument in Chapter 3 of this volume that the principle of ‘sovereign equality’ has prevented the United Nations, especially the Security Council, from addressing emerging crises. It also argues that the UN Charter rules, while not always optimally effective, have played a key role in reducing interstate armed conflict since 1945.

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.