The Law Against War

The Prohibition on the Use of Force in Contemporary International Law

By Olivier Corten

Contributions by: Christopher Sutcliffe

This book - an updated translation of the original French version Le droit contre la guerre (2008) by Pedone - presents an examination of the non-use of force in contemporary international law. Some authors, especially in recent years, have claimed that this field is undergoing an important metamorphosis as a result, in particular, of the requirements of the 'war against terror.' More specifically, some consider that the systematic prohibition laid down in the Charter of the United Nations (1945) should be made more flexible in the current context of international relations, allowing further development of new concepts, such as 'humanitarian intervention' and 'preemptive war,' or providing for the possibility of presumptive authorization by the Security Council in certain exceptional circumstances. This highly original work suggests that if any notable changes can be observed, especially in the past two decades, State practice shows that the Charter system is still based on a true jus contra bellum and not on the jus ad bellum characterizing previous periods. In this sense, as the title of the book suggests, 'law against war' is not only a literal translation of the Latin expression, but evokes, at the same time, the spirit of a rule which remains undoubtedly one of the bases of public international law. *** "Corten's book is weighty not just by its size, but above all through the depth and comprehensiveness with which it analyzes the entirety of what the author calls the law against war, the jus contra bellum....A great work like the present one will undoubtedly make a contribution by intellectually solidifying its subject-matter and thus creating informed views in the minds also of international law practitioners." - from the Preface by Bruno Simma

590 pages

Publication Date: 10/18/2010
Format: Cloth
ISBN: 9781841139425

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