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This book is the collective use of force within the framework of the Charter, whose ambitious project is based on the premise that armed force can be resorted to exclusively in the common interest. It begins with a short discussion of the powers granted to the Security Council for the discharge of its primary responsibility for the maintenance of international peace and security, and the conditions under which these powers may be exercised. The United States, supported by its NATO allies, or at least some of them, openly challenged the authority of the Security Council and attempted to downgrade its authorisation from a legal requirement to a matter of political convenience. The book deals with the use of force by States either individually or jointly. Through the lenses of the interaction between the Charter and customary international law, it considers the evolution of the right to self-defence, the only exception expressly provided for in the Charter, and the possible re-emergence of other exceptions. The book focuses in particular on the controversial question concerning the legality of the threat or use of nuclear weapons in self-defence and of the pre-emptive military action against threats posed by these weapons. Often referring to the recent Iraqi crisis, it further deals with the collective and unilateral means at the disposal of the United Nations and its members to enforce disarmament obligations and tackle the proliferation of weapons of mass destruction.

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Stephen C. Neff

foreign-policy ‘pillar’ with possible integration of defence policies in the future. The ‘Partnership for Peace’ programme of the NATO alliance embraces such traditionally neutral countries as Sweden and Switzerland. Historical perspective, however, must lead to instant suspicions of any claims of the death of neutrality. Twice in the twentieth century, the obituaries proved false. Perhaps the single greatest lesson of

in The rights and duties of neutrals
Author:

The book explores the relationship between violence against women on one hand, and the rights to health and reproductive health on the other. It argues that violation of the right to health is a consequence of violence, and that (state) health policies might be a cause of – or create the conditions for – violence against women. It significantly contributes to feminist and international human rights legal scholarship by conceptualising a new ground-breaking idea, violence against women’s health (VAWH), using the Hippocratic paradigm as the backbone of the analysis. The two dimensions of violence at the core of the book – the horizontal, ‘interpersonal’ dimension and the vertical ‘state policies’ dimension – are investigated through around 70 decisions of domestic, regional and international judicial or quasi-judicial bodies (the anamnesis). The concept of VAWH, drawn from the anamnesis, enriches the traditional concept of violence against women with a human rights-based approach to autonomy and a reflection on the pervasiveness of patterns of discrimination (diagnosis). VAWH as theorised in the book allows the reconceptualisation of states’ obligations in an innovative way, by identifying for both dimensions obligations of result, due diligence obligations, and obligations to progressively take steps (treatment). The book eventually asks whether it is not international law itself that is the ultimate cause of VAWH (prognosis).

Tarcisio Gazzini

extensive air strikes under the authority of existing Security Council resolutions, in the event of a Bosnian Serb attack against Goradze. 43 On 10 August, CINCSOUTH and UNPROFOR commanders concluded a memorandum of understanding on the execution of air strikes by NATO forces. The memorandum became operative on 30 August 1995, when the second Sarajevo market massacre triggered

in The changing rules on the use of force in international law
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Humanitarian intervention in a discursive model of human dignity
Nikolaos K. Tsagourias

NATO and the Security Council was held at bay. There was no authorisation for the military operation whose beginning, objectives and termination was determined by NATO. 90 The Security Council has only confirmed the end of hostilities negotiated previously by NATO. 91 The operation was preceded by political negotiations between the Contact Group and Serb and Kosovar representatives. The Rambouillet agreement 92 provided for

in Jurisprudence of international law
Nigel D. White

upholding them. This means that the UN’s constituent document is of a different order to other types of multilateral treaty, whether lawmaking or contractual. Most constituent treaties of IGOs can be characterised as being of a constitutional type, of varying strengths, but there are examples of IGOs that are based on a contractual-type treaty, and the example of NATO is given. While important conference structures remain in the twenty-first century (the G7/8 and the G20, for example), they are merely collections of states, having no more rights and duties than

in The law of international organisations (third edition)
Ilias Bantekas

The commander has authority to designate the chain of command of the UN force, composed of the staff provided by participating states. 32 This UN model also reflects NATO (North Atlantic Treaty Organisation) command patterns. The most senior decision-making body in that organisation is the North Atlantic Council, whose role is similar to that of the UN Security Council, in that under the chairmanship of

in Principles of direct and superior responsibility in international humanitarian law
Nikolaos K. Tsagourias

interposition of states to restore the vestiges of humanity has a long tradition stemming from social contract theories 41 and for McDougal, it also emanates from his observational point which is the citizen of humankind. Hence, in Kosovo, NATO’s action was presented as a reaction to the internal abuses of human rights coupled with a sense of human compassion. 42 Closely attached to this is the participants in

in Jurisprudence of international law
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Nigel D. White

as NATO, or on an ad hoc basis, but that is not the same as a commitment to universal collective security. Most states have developed militaries to enable them to defend themselves from attack, although others develop them to be able to take more expansive military action – occasionally for aggressive purposes, but also to help other states defend themselves, or to apply force for collective security purposes but, normally only when it also serves their interests. The UN does not have its own military capability despite an ambitious plan to move it in that

in The law of international organisations (third edition)
The prohibition on the use of force
Nikolaos K. Tsagourias

that subsequent state practice has modified Article 2(4) and this impinges upon the normative level. For instance, Cassese considers NATO’s action in Kosovo as leading to the ‘crystallisation of a general rule of international law authorising armed countermeasures for the exclusive purpose of putting an end to large-scale atrocities amounting to crimes against humanity and constituting a threat to the

in Jurisprudence of international law