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The Threat of Force in International Law Nikolas Sturchler (Universitat Basel, Switzerland)

The Threat of Force in International Law By Nikolas Sturchler (Universitat Basel, Switzerland)

The Threat of Force in International Law by Nikolas Sturchler (Universitat Basel, Switzerland)


Summary

The United Nations Charter prohibits states to threaten the use of force vis-a-vis another state, but what conduct is prohibited is unclear. This book fills this gap by exploring what forms of military coercion are permitted by international law, when such coercion is justified, and how norm-breakers are dealt with.

The Threat of Force in International Law Summary

The Threat of Force in International Law by Nikolas Sturchler (Universitat Basel, Switzerland)

Threats of force are a common feature of international politics, advocated by some as an economical guarantee against the outbreak of war and condemned by others as a recipe for war. Article 2(4) of the United Nations Charter forbids states to use threats of force, yet the meaning of the prohibition is unclear. This book provides the first comprehensive appraisal of the no-threat principle: its origin, underlying rationale, theoretical implications, relevant jurisprudence, and how it has withstood the test of time from 1945 to the present. Based on a systematic evaluation of state and United Nations practices, the book identifies what constitutes a threat of force and when its use is justified under the United Nations Charter. In so doing, it relates the no-threat principle to important concepts of the twentieth century, such as deterrence, escalation, crisis management, and what has been aptly described as the 'diplomacy of violence'.

The Threat of Force in International Law Reviews

'Nikolas Sturchler deserves not only the credit for having submitted the first comprehensive analysis on 'Art. 2 (4)'s blind spot', but also for having approached this subject matter in a well-balanced, historically informed and excellently written manner. The overall objective of his treatise is to both explore the legal meaning of the no-threat principle and to draw conclusions on how it operates in practice and it shall be stated right at the outset that Sturchler succeeds in achieving this aim. ... Sturchler's book is an excellent piece of academic work which deserves wide readership, not only with a view to the detailed and standard-setting examination of State practice contained therein.' Alexander Proelf
'Sturchler has accomplished an admirable piece of work, setting a high standard especially for those who seek to study state practice in a systematic, non-impressionistic way. He combines finesse in legal thinking with a thorough knowledge of international relations readings. While breaking new ground on an important legal subject , he never overreaches himself.' Leiden Journal of International Law

About Nikolas Sturchler (Universitat Basel, Switzerland)

Senior research fellow at the World Trade Institute and visiting lecturer in international and constitutional law at the University of Basel.

Table of Contents

1. Birth and infancy of a Charter rule: the open framework; 2. The menu of choice: a guide to interpretation; 3. Precedents of the International Court; 4. Deciphering post-Charter practice: means and limits; 5. Open threats to extract concessions; 6. Demonstrations of force; 7. Countervailing threats or threats in self-defence; 8. Findings and conclusions; 9. Epilogue: the law in operation.

Additional information

NLS9780521133616
9780521133616
0521133610
The Threat of Force in International Law by Nikolas Sturchler (Universitat Basel, Switzerland)
New
Paperback
Cambridge University Press
2009-08-20
384
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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