The Expansion of Japan's Collective Self-Defense and Regional Dynamics of International Relations

2016 ◽  
Vol 19 (1) ◽  
pp. 185
Author(s):  
Ho Keun Yoo
1987 ◽  
Vol 81 (1) ◽  
pp. 112-116 ◽  
Author(s):  
Tom J. Farer

As a recurring feature of the Cold War that has dominated international relations for the past four decades, foreign intervention in civil armed conflicts has focused and inflamed scholarly debate over the content of the relevant legal restraints. Conflict has raged particularly around the following issues: First, what forms and degree of assistance to rebels constitute an armed attack within the meaning of Article 51 of the Charter authorizing individual and collective self-defense? Second, in cases where assistance does not reach the armed attack threshold, are there any circumstances in which the target state and/or its allies may nevertheless use forceful measures to terminate it?


1987 ◽  
Vol 81 (1) ◽  
pp. 106-112 ◽  
Author(s):  
Richard Falk

Even if conceived of only as a legal text, the array of judicial opinions contained in Nicaragua v. United States constitutes an extraordinary document. It represents a fascinating attempt through judicial inquiry to assess convincingly the relevance of law to an ongoing armed conflict. As such, despite procedural objection to entry upon this terrain by the three dissenting judges, it leads the Court to pronounce specifically upon the core issue of when force can permissibly be used in international relations, as well as the contours of a claimed right of collective self-defense in the setting of interventions and civil strife.


Author(s):  
Fernando R. Tesón ◽  
Bas van der Vossen

We introduce general concepts of just war theory and describe different kinds of war: national self-defense, collective self-defense, and humanitarian intervention. After laying down the conditions for the justification of humanitarian intervention, we highlight some of our differences. We conclude with an outline of the international law of use of force and some jurisprudential themes that bear on the current humanitarian intervention debate.


2011 ◽  
Vol 8 (3) ◽  
pp. 435-451 ◽  
Author(s):  
Daniel Statman

AbstractAccording to a widespread view, the same constraints that limit the use of otherwise immoral measures in individual self-defense apply to collective self-defense too. I try to show that this view has radical implications at the level of jus in bello, implications which have not been fully appreciated. In particular, if the necessity condition must be satisfied in all cases of killing in war, then most fighting would turn out to be unjust. One way to avoid this result is to adopt a contractualist view of killing in war, a view which interprets the necessity condition in a way that is more permissive with regard to killing combatants in war. At least in this respect, a contractualist view of killing in war has an advantage over other candidates in explaining how wars might be fought justly.


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