The Law Against War : The Prohibition on the Use of Force in Contemporary International Law

Abstract

Part 1 : Outlines of the prohibition of resorting to 1: Methodological debates and methodological options 1.1: The methodological debate relating to the non-use of : extensive approach versus restrictive approach 1.2: Methodological options ensuing from the choice of a restrictive approach : conditions governing the evolution of the rule prohibiting the use of 2 : Th subject matter of the prohibition : to force and 2.1: Prohibition of the resort to 2.2: Prohibition of the threat of using 3 : The impact of the prohibition : and effects on Third States 3.1:Resorting to in International Relations - the problem of non-State actors 3.2: Third States in an conflict 4 : The peremptory nature of the prohibition of using and its consequences 4.1 : A peremptory norm (jus cogens). 4.2 : A rule tolerating no circumstance precluding unlawfulness Part 2 : Limits to the prohibition of resorting to 5 : Intervention by invitation 5.1 : The general legal system of military intervention by invitation 5.2 : The legal system of military intervention by invitation in an internal conflict 6 : Security Council authorization 6.1 : The general legal system of authorized military intervention 6.2 : The problem of the presumed authorization 7 : Self-defence 7.1 : The condition relating to the existence of an armed attack 7.2 : Necessity and proportionality 8 : Humanitarian Intervention 8.1 : The absence of recognition in legal instruments 8.2 : The absence of conclusive precedents.

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