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1 - Introduction

Investigating Law, War and the Penumbra of Uncertainty

Published online by Cambridge University Press:  31 March 2022

Sam Selvadurai
Affiliation:
King's College London
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Summary

Chapter 1 outlines the main issues that the book investigates: the nature of legal and factual uncertainty in 'hard cases' engaging international law governing resort to military force, the jus ad bellum; the role of competing interpretive and strategic cultures in generating and sustaining that uncertainty, by operationalising opposing intuitions about legal interpretation, and 'extra-legal' political, strategic and ethical assessment; and the potential usefulness in dealing with these dilemmas of insights from fields outside this area of law, such as international humanitarian law, legal risk management, and strategic intelligence assessment and forecasting. The chapter describes the research methods used: structured interviews and a survey with thirty-one UK-based international lawyers, and systematic textual analysis of key International Court of Justice cases and scholarly assessments of US-led interventions in Kosovo in 1999, Afghanistan in 2001 and Iraq in 2003. Finally, the chapter outlines the overall structure and argument of the book.

Type
Chapter
Information
Law, War and the Penumbra of Uncertainty
Legal Cultures, Extra-legal Reasoning and the Use of Force
, pp. 1 - 20
Publisher: Cambridge University Press
Print publication year: 2022

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  • Introduction
  • Sam Selvadurai, King's College London
  • Book: Law, War and the Penumbra of Uncertainty
  • Online publication: 31 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781009051934.001
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  • Introduction
  • Sam Selvadurai, King's College London
  • Book: Law, War and the Penumbra of Uncertainty
  • Online publication: 31 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781009051934.001
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Introduction
  • Sam Selvadurai, King's College London
  • Book: Law, War and the Penumbra of Uncertainty
  • Online publication: 31 March 2022
  • Chapter DOI: https://doi.org/10.1017/9781009051934.001
Available formats
×