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Contents

Published online by Cambridge University Press:  23 February 2024

Erin Pobjie
Affiliation:
University of Essex and Max Planck Institute for Comparative Public Law and International Law, Heidelberg

Summary

Type
Chapter
Information
Prohibited Force
The Meaning of ‘Use of Force' in International Law
, pp. vii - x
Publisher: Cambridge University Press
Print publication year: 2024
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NC
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC 4.0 https://creativecommons.org/cclicenses/

Contents

  1. Foreword

    Claus Kreß

  2. Acknowledgements

  3. Introduction

    1. The Research Question

    2. Why Does It Matter?

    3. Aims and Contribution of Work

    4. Outline of Book

  4. Part ITreaty versus Custom

    1. Introduction

    2. 1How and When Did the Customary Prohibition of the Use of Force Emerge? The Status of the Customary Norm Pre-1945

      1. Introduction

      2. The Nicaragua Case

      3. How and When Did the Customary Prohibition of the Use of Force Emerge?

      4. The Status of the Customary Norm Pre-1945

      5. Conclusion

    3. 2Baxter’s Paradox and the Customary Prohibition of the Use of Force

      1. Introduction

      2. Challenges of the Two-Element Approach

      3. The ‘Own Impact’ of Article 2(4)

      4. Conclusions: Are the Charter and Customary Prohibitions of the Use of Force Identical?

    4. 3The Relationship between the Customary Prohibition of the Use of Force and Article 2(4) of the UN Charter

      1. Introduction

      2. Effect of Customary Prohibition on the Interpretation of Article 2(4)

      3. Evolutive Interpretation of Article 2(4)

      4. Jus Cogens and the Prohibition of the Use of Force

      5. Conclusion: Which Source to Interpret or Apply?

  5. Part IIElements of Prohibited Force

    1. Introduction

    2. 4Contextual Elements of a Prohibited ‘Use of Force’: International Relations

      1. Introduction

      2. ‘All Members’

      3. ‘Shall refrain … from’

      4. ‘in their international relations’

      5. ‘against the territorial integrity or political independence of any state or in any other manner inconsistent with the Purposes of the United Nations’

      6. Conclusion

    3. 5Elements of ‘Use of Force’: Means

      1. Introduction

      2. Subsequent Agreements Regarding Article 2(4)

      3. Ordinary Meaning

      4. Means

      5. Conclusion

    4. 6Elements of ‘Use of Force’: Effects, Gravity and Intention

      1. Introduction

      2. Effects

      3. Gravity

      4. Intention

      5. Conclusion

  6. Part IIIDefining Prohibited Force

    1. 7Anomalous Examples of ‘Use of Force’ and Non-‘Use of Force’ under Article 2(4) of the UN Charter

      1. Introduction

      2. Anomalous Examples of ‘Use of Force’

      3. Anomalous Examples of Non-‘Use of Force’

      4. Possible Explanations

    2. 8The Meaning of Prohibited ‘Use of Force’ in International Law

      1. Introduction

      2. What Is a Type?

      3. Type Theory and ‘Use of Force’

      4. Applying Type Theory to Anomalous Examples of ‘Use of Force’

      5. Illustrative Examples of Balancing the Elements of a ‘Use of Force’

      6. Case Study: The Attempted Killing of Sergei Skripal

      7. Case Study: Use of Force in Outer Space

      8. Reflections

  7. Conclusion: A Definition of Prohibited ‘Use of Force’

  8. Bibliography

  9. Index

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  • Contents
  • Erin Pobjie, University of Essex and Max Planck Institute for Comparative Public Law and International Law, Heidelberg
  • Book: Prohibited Force
  • Online publication: 23 February 2024
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  • Contents
  • Erin Pobjie, University of Essex and Max Planck Institute for Comparative Public Law and International Law, Heidelberg
  • Book: Prohibited Force
  • Online publication: 23 February 2024
Available formats
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Save book to Google Drive

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  • Contents
  • Erin Pobjie, University of Essex and Max Planck Institute for Comparative Public Law and International Law, Heidelberg
  • Book: Prohibited Force
  • Online publication: 23 February 2024
Available formats
×