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The Threat of Force in International Law
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The Threat of Force in International Law
By
Nikolas Stürchler
Description
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\\\'.
• Provides readers with a guide to
state practice from 1945 to 2003 • Shows readers how
international law and international relations can be combined, and
how empirical research on state practice can be conducted in
international law • Allows readers to understand how the UN
Security Council works in crisis situations
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.
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