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International Law and the Use of Armed Force: The UN Charter and the Major Powers (Contemporary Security Studies)
 
 

International Law and the Use of Armed Force: The UN Charter and the Major Powers (Contemporary Security Studies) [Hardcover]

Joel Westra (Author)

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Book Description

June 1, 2007 041577098X 978-0415770989 1

Since the UN Charter came into effect in 1945, there have been numerous incidents in which one or more of the five major powers (at least arguably) violated the Charter's Article 2(4) prohibition of force. Such incidents notwithstanding, this book demonstrates how the Charter restrains the major powers' military actions. As an instrument of international order, the Charter provides a framework of legal rules restricting the use of armed force. Although these rules are subject to auto-interpretation by the major powers (as a consequence of their veto), they create an expectation of compliance that subjects the major powers' military actions to international scrutiny. To reduce the likelihood of resistance from states threatened by such actions, major powers exercise prudential restraint, altering the manner and timing of their military actions in accordance with the legal arguments offered to justify those actions as consistent with the Charter and therefore not threatening to the existing international order.

The book evaluates the efficacy of the Charter using large-N methods and five case studies: US intervention in the Caribbean, 1953–61; Anglo- French intervention in Egypt, 1956; Soviet intervention in Hungary, 1956; US–British intervention in Iraq, 1990–98; and US–British intervention in Iraq, 1999–2003. The book's extensive focus on the two Iraq cases provides a basis for timely evaluation of the continuing salience and possible reforms of the UN Charter system.

This book will be of much interest to students of security studies, the UN, international law, and international relations.


Editorial Reviews

Review

'Westra...has written a valuable book.  The greatest value lies in the design of a creative and original theoretical framework for analysing the problem of great-power compliance with the ground rules of the post-1945 legal order.'
Alfred Van Staden, Leiden Journal of International Law

About the Author

Joel H. Westra is an Assistant Professor in the Department of Political Science at Calvin College in Grand Rapids, Michigan. he holds a PhD in Political Science from the University of Chicago.


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Inside This Book (learn more)
Key Phrases - Statistically Improbable Phrases (SIPs): (learn more)
communal obligation model, sufficient legal pretext, suitable legal pretext, nonlegal claims, microfiche doc, arguably illegal uses, resistance from other states, arguably illegal actions, major power offers, domestic social identities, restraint model, illegal military actions, sole veto, preponderant interest, proposed military operation, persuasive legal argument, rhetorical evasion, primary disagreements, less powerful states, existing international order, indirect resistance, anticipated likelihood, future restraint, implicit authorization, restrictive claims
Key Phrases - Capitalized Phrases (CAPs): (learn more)
Security Council, United States, United Kingdom, Soviet Union, United Nations, Dominican Republic, Cold War, General Assembly, State Department, Saddam Hussein, Middle East, Warsaw Pact, Foreign Office, Suez Canal, San Francisco, White House, Port Said, Persian Gulf, Bay of Pigs, Eighteen-Power Plan, Charter's Article, Dumbarton Oaks, Latin American, Treaty of Constantinople, Saudi Arabia
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Front Cover | Table of Contents | First Pages | Index | Surprise Me!
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