scholarly journals THE PERPETUAL PEACE PROJECTS AS A TREND IN THE SCHOLARLY THOUGHT OF INTERNATIONAL LAW

2019 ◽  
pp. 38-45
Author(s):  
V. S. Rzhevska
Keyword(s):  
International Law ◽  
International Organizations ◽  
Use Of Force ◽  
Collective Security ◽  
Valuable Component ◽  
Human Thought ◽  
Perpetual Peace ◽  
Peaceful Settlement

The article investigates how the so-called perpetual peace projects contributed to the scholarly thought of international law. Such projects have been proposed for centuries and came to constitute a rather remarkable trend in human thought, many of them being created by people, prominent of history and representing various fields of activity. Although such projects may be considered an interdisciplinary invention, their contribution to the development of the concepts and ideas of international law can be esteemed as especially significant. The meaning of some famous examples of such projects is summarized. The conclusion is made that among the traces of the influence that the perpetual peace projects had upon the scholarly thought of international law are the preservation and propaganda of the idea of peace, the acknowledgment of law and its means as a valuable component of peace achievement, the investigation of the causes of peace-breaking and combating them, the formation of the principles of peaceful settlement of international disputes and of non-use of force or threat of force, the establishing of theoretical grounds for creating international organizations and elaborating the concept of collective security.

15. The Use of Force, Collective Security and Peacekeeping

2016 ◽  
Author(s):  
Martin Dixon ◽  
Robert McCorquodale ◽  
Sarah Williams
Keyword(s):  
International Law ◽  
Use Of Force ◽  
International Community ◽  
Collective Security

International law aims to regulate the use of force in two ways. First, it stipulates that there is a paramount obligation not to use force to settle disputes, with only limited exceptions; and second, it has at its disposal a procedure whereby the international community itself may use force against those using violence. These are known respectively as the rules on the ‘unilateral use of force’ and the rules of ‘collective security’, both of which are discussed in this chapter.

11. Use of force

2019 ◽  
pp. 144-159
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
International Law ◽  
Security Council ◽  
Use Of Force ◽  
Armed Force ◽  
Responsibility To Protect ◽  
Collective Security ◽  
Armed Attack ◽  
Customary International Law ◽  
Significant Achievement ◽  
Self Defence

This chapter examines under what circumstances States may use armed force under customary international law and Arts 2(4) and 51 UN Charter. After noting that the use of armed force is generally prohibited and only limited to self-defence, and then only if the target State is under an armed attack, we show that several States have expanded the notion of armed attack. Besides self-defence, the Security Council may authorize the use of armed force through a process of collective security. Several examples of collective security are offered, as well as the ICJ’s position on what constitutes an armed attack. In recent years, the range of actors capable of undertaking an armed attack has included terrorists. Moreover, the development of the doctrine of the responsibility to protect is a significant achievement.

Conference Report – “From Government to Governance? The Growing Impact of Non-State Actors on the International and European Legal System” - 6th ASIL / NVIR / T.M.C. Asser Institute Joint Conference in The Hague, 3 -5 July 2003

2003 ◽  
Vol 4 (8) ◽  
pp. 827-850 ◽  
Author(s):  
Stefan Kirchner
Keyword(s):  
International Law ◽  
International Organizations ◽  
Use Of Force ◽  
Conference Report ◽  
International Terrorism ◽  
Joint Conference ◽  
The Hague ◽  
State Actors ◽  
The U.S

This year's 6th Joint Conference held by the American and Dutch Societies of International Law and organised by the T.M.C. Asser Institute in The Hague focused on the increasing importance of the role of non-state actors in international law and at the same time provided an opportunity for American and European lawyers to address recent differences between the U.S. and Europe, e.g. on the use of force in Iraq. Consequently one of the three major issues of the conference was the response to international terrorism, while other issues included the role of international organizations as well as transnational corporations in international law.

Public International Law: Is It Fit For Purpose?

2007 ◽  
Vol 7 (2) ◽  
pp. 113-123 ◽  
Author(s):  
Gillian Triggs
Keyword(s):  
Human Rights ◽  
International Law ◽  
Use Of Force ◽  
Prisoners Of War ◽  
Collective Security ◽  
Public International Law ◽  
Fit For Purpose ◽  
The Relationship

AbstractThis paper by Professor Gillian Triggs seeks to explore whether the traditional principles of public international law are ‘fit for purpose’ in responding to such contemporary threats to collective security by reference to three issues: the regulation of the use of force; the need to balance the sovereign rights of states with humanitarian concerns; and the relationship between human rights and the orthodox rules applicable to prisoners of war and security detainees.

1. Introduction

2019 ◽  
pp. 3-17
Author(s):  
James Crawford
Keyword(s):  
Twentieth Century ◽  
International Law ◽  
International Organizations ◽  
Use Of Force ◽  
Late Medieval ◽  
Public International Law ◽  
Law Of Nations ◽  
The Law ◽  
Ius Gentium

This introductory chapter discusses the development of the international law. It begins by tracing the development of the law of nations, now known as (public) international law, which grew out of the tradition of the late medieval ius gentium. Over the course of the twentieth century, international law underwent a profound process of expansion. Developments included, inter alia, the creation of international organizations of universal membership with treaty-making powers, a detailed elaboration of the law of the sea, the establishment of permanent bodies for the settlement of international disputes, the prohibition on the use of force by states, and the emergence of various sub-disciplines or specialist areas of work and study.

Using Military Force and Engaging in Collective Security

2019 ◽  
pp. 809-827
Author(s):  
Mathias Forteau
Keyword(s):  
International Law ◽  
Foreign Relations ◽  
Use Of Force ◽  
Executive Branch ◽  
International Terrorism ◽  
Military Force ◽  
Collective Security ◽  
Judicial Control ◽  
Un Security Council ◽  
Legal Position

This chapter addresses France’s foreign relations law in relation to the use of force. It presents both domestic rules (in particular constitutional rules) that are applicable in France to the use of force abroad and France’s legal position as regards the permissible use of force under international law. As a permanent member of the United Nations (UN) Security Council, as a nuclear-weapon state, as a military power involved in many UN or other collective peacekeeping or antiterrorism operations, and as a state specially affected by international terrorism, France is particularly interested in the identification and development of international rules related to the use of force and collective security and has developed over time domestic rules governing activities of its military forces abroad as well as some doctrine on the use of force in the international sphere. As the chapter shows in particular, the decision to use force or to participate in collective security is, as a matter of principle, a decision that has to be taken in France by the executive branch. This being said, the Parliament has recently been granted some powers on the use of force, which vary depending on the nature of the operations concerned. On the other hand, there is no judicial control of the decision to use force. Besides, there is still no clear doctrine as regards the circumstances in which French authorities consider that the use of force can be resorted to under international law.

Some Impacts of Social Organization on International Law

1956 ◽  
Vol 50 (3) ◽  
pp. 475-513 ◽  
Author(s):  
W. Friedmann
Keyword(s):  
Social Organization ◽  
International Law ◽  
International Organizations ◽  
First World War ◽  
World War ◽  
National Sovereignty ◽  
Peaceful Settlement ◽  
The First World War ◽  
First World ◽  
Inter State

Since the end of the first World War, the predominant concern of international lawyers, as of statesmen and politicians, has been the horizontal widening of universal international law in a limited but vital sphere: the establishment and strengthening of inter-state covenants and international organizations which would eliminate, or at least greatly reduce, the danger of increasingly destructive wars among the nations, by substituting for the traditional privileges of national sovereignty, i.e., war, reprisals and other acts of force applied at the discretion of the national states, covenants of restraint and methods of peaceful settlement.

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