The Law Against War

The Prohibition on the Use of Force in Contemporary International Law

By Olivier Corten

Contributions by: Christopher Sutcliffe

The Law Against War is a translated and updated version of a book published in 2008 in French (Le droit contre la guerre, Pedone). The book - now available in paperback - examines the prohibition of the use of armed force in contemporary positive international law. Some commentators claim that the field has undergone substantial changes arising especially since the end of the Cold War in the 1990s. More specifically, several scholars consider that the prohibition laid down as a principle in the United Nations Charter of 1945 should be relaxed in the present-day context of international relations, a change that would seem to be reflected in the emergence of ideas, such as 'humanitarian intervention,' 'preventive war,' or in the possibility of presuming Security Council authorization under certain exceptional circumstances. The argument is that, while marked changes have been observed - above all, since the 1990s - the legal regime laid down by the Charter remains founded on a genuine jus contra bellum and not on the jus ad bellum that characterized earlier periods. 'The law against war,' as in the title of this book, is a literal rendering of the familiar Latin expression and, at the same time, it conveys the spirit of a rule that remains - without a doubt - one of the cornerstones of public international law. (Series: French Studies in International Law - No. 4)

590 pages

Publication Date: 3/5/2012
Format: Paper
ISBN: 9781849463584

Available in other formats