From '9-11' to the 'Iraq War 2003': International Law in an Age of Complexity [Paperback]

Dominic McGoldrick (Author)

Book Description

Publication Date: March 1, 2004 | ISBN-10: 1841134961 | ISBN-13: 978-1841134963

This book is a tale of two towers, two wars and two visions. The two towers are those of the World Trade Center in New York, destroyed by a terrorist attack on September 11, 2001. The two wars are the War Against Terrorism and the War on Iraq. The two visions are of the international legal and political order for the twenty-first century. The issues involved in the War Against Terrorism and the War on Iraq are of fundamental importance because they may define the shape of international order for the twenty-first century. The book has a number of themes. First, it considers the principal international law and international order issues involved in the War Against Terrorism and in the War on Iraq in 2003. Specific attention is given to the application of international humanitarian and international human rights law in the wars. Secondly it asks how the international debate on the Iraq War was conducted and why. Finally, it questions whether the post-1945 system of international laws and organizations is capable of surviving, and in what form.

Editorial Reviews

Review

McGoldrick writes with clarity and has made accessible...many of the difficult legal arguments in the area...[he has a scholarly command of the doctrinal issues raised in the book...a valuable reference point for anyone interested in exploring international law and the two 'wars'.Madelaine ChiamThe Modern Law ReviewJuly 2005an accurate, well-written summary of the legal, political, and moral issues flowing from the wars on terrorism and Iraq...would make a useful reference in a public international law course. Kristy PozniakSaskatchewan Law Review, Vol 682005...a book for everyone concerned with the influence of terrorism, the Bush administration, and the War in Iraq on international institutions and international law..Alongside the fine discussion of the legal and political issues at play, the author also attempts to introduce a theoretical framework that may have broad application in social science as well as law.Mark J. Harris, University of California, BerkeleyThe Law and Politics Book ReviewSeptember 2004For those that are already familiar with the legal issues involved in the military interventions in Afghanistan and Iraq, and the more broad 'war on terror', this text will add some interesting policy and theoretical perspectives. A good number of issues are raised that will trigger readers to give further thought to, and debate about, the role of international law and the UN in the maintenance of international order.Alex Conte, University of CanterburyNew Zealand Law JournalApril 2005

About the Author

Dominic McGoldrick is Professor of Public International Law and Director of the International and European Law Unit, Liverpool Law School, University of Liverpool.

Product Details

• Paperback: 380 pages
• Publisher: Hart Publishing (March 1, 2004)
• Language: English
• ISBN-10: 1841134961
• ISBN-13: 978-1841134963
• Product Dimensions: 8.4 x 5.4 x 1 inches
• Shipping Weight: 1.1 pounds (View shipping rates and policies)
• Average Customer Review: 5.0 out of 5 stars  See all reviews (1 customer review)
• Amazon Best Sellers Rank: #2,881,565 in Books (See Top 100 in Books)

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6 of 6 people found the following review helpful:

5.0 out of 5 stars Fine investigation of the legality of recent wars, August 26, 2004

By 

William Podmore (London United Kingdom) - See all my reviews
(REAL NAME)   

This review is from: From '9-11' to the 'Iraq War 2003': International Law in an Age of Complexity (Paperback)

Dominic McGoldrick, Professor of Public International Law at the University of Liverpool, has written a fascinating and thoughtful analysis of the wars on terrorism and Iraq. Chapter 1 studies the relationship between war and international law. Chapter 2 looks at the controversy over the Iraq War and concludes that there is `no evidence of any involvement by Iraq' in the 9/11 terrorist attacks.

Chapter 3 debates the issues of international law and morality raised by the two wars and their implications for human rights. He concludes, "Once prisoners of war were taken and other persons were detained then, in principle, the European Convention on Human Rights came into play on the basis that those persons were within the effective control of the detaining state (assuming it is a state party to the ECHR). The UK submission in Bankovic appeared to concede this point. In relation to a post-conflict situation in Iraq, this was covered by the reference to `effective control of the relevant territory and its inhabitants abroad as a consequence of military occupation'."

Chapter 4 investigates the legality of the Iraq War. McGoldrick cites Professor Vaughan Lowe, "It is simply unacceptable that a step as serious and important as a massive military attack upon a State should be launched on the basis of a legal argument dependent upon dubious inferences drawn from silences in Resolution 1441 and the muffled echoes of earlier resolutions, unsupported by any contemporary authorisation to use force. No domestic court or authority in the United States or the United Kingdom would tolerate governmental action based upon such flimsy arguments." McGoldrick adds, "On the evidence there was no justification under self-defence or humanitarian intervention." He concludes, "the US and the UK acted illegally."

Chapter 5 studies the consequences of the US-British attack for the international legal system. Chapter 6 looks at post-war Iraq's economy and politics and the war's effects on the Middle East. Chapter 7 surveys the two wars' effects worldwide. The book also includes documents from the US and British governments and selected Security Council Resolutions on Iraq.