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This book offers a timely and comprehensive inquiry into the
growing number of situations where the temptation or necessity to
use military force confronts the tenets of international law. It
explores the tension between collective security and self-defense
during the Iraq-Kuwait crisis.
Momentous events of recent years have shown the tremendous
potential for developing and applying international law, even in
the area that has always presented the greatest challenge to the
rule of law-the use of force. The collaborative response by the
United States, the Soviet Union, and other major powers to the
Iraqi army's invasion and occupation of Kuwait showed unprecedented
unity on the relevance of international law, its rules, and its
enforceability through decisions of the UN Security Council. What
explains this historic convergence of views? What differences
remain about the legality of using armed force in the new
international order that is emerging with the end of the Cold War?
Law and Force in the New International Order offers a timely and
comprehensive inquiry into the growing number of situations where
the temptation or necessity to use military force confronts the
tenets of international law. Distinguished American and Soviet
legal scholars and practitioners explore the idea of the primacy of
law over politics, the notion held by some that U.S. military force
may be applied for the sake of democracy at a time when Moscow has
rejected the Brezhnev Doctrine, the tension between collective
security and collective self-defense during the Iraq-Kuwait crisis,
and the prospects for the use of force being authorized by the
United Nations and regional organizations. The contributors also
examine the vexing legal issues raised by interventions to protect
human rights, to overthrow "illegitimate" regimes, and to combat
international terrorism and drug trafficking; the restraints on the
use of force promised by new arms control agreements; and the
future role of the World Court and other tribunals in preventing or
settling disputes involving the threat or use of force.
This up-to-date collection of documents is designed primarily for
use in conjunction with Damrosch and Murphy 's International Law:
Cases and Materials, Seventh Edition (2019). This Documents
Supplement also provides a handy general reference for anyone
working in the field of international law. The Documents Supplement
has been shortened from around 100 to about 30 central documents
likely used by anyone teaching the course, along with internet
citations to other documents.
This classic international law casebook is updated to cover recent
case law, including the arbitral decision in the South China Sea
Arbitration (Philippines v. China), the International Court of
Justice's Certain Activities carried out by Nicaragua in the Border
Area (Costa Rica v. Nicaragua) case, and the U.S. Supreme Court's
ruling in Jesner v. Arab Bank. With extraordinary range and depth,
this casebook probes "hot topics" such as cyber-attacks, the Paris
Agreement on climate change, developments in the International
Criminal Court's Al-Bashir proceedings, and complaints of racial
discrimination by Palestine against Israel and by Qatar against the
United Arab Emirates, all calculated to provoke engaging classroom
discussions. This casebook is designed for introductory and
advanced classes.
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