Titlebook: Limits of Law, Prerogatives of Power; Interventionism afte Michael J. Glennon Book 2001 Michael J. Glennon 2001 geopolitics.intervention.NA

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Introduction,to subject the use of force to the rule of law. The rules and institutions established to govern the use of force in the Covenant of the League of Nations, and, later, the United Nations Charter, traced directly to the two bloodiest wars ever fought. By one estimate, 175 million people died war-rela

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The Effect of State Practice on the Charter,upon a treaty such as the UN Charter but also upon what states actually do and have done. Article 38 of the Statute of the International Court of Justice lists the sources of authority that the Court is to apply in deciding disputes under international law. Listed second, after treaties is “internat

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State Practice: The Charter and Interstate Violence,o what states actually have done. What has been the actual track record? The UN Charter permits use of force only in response to an armed attack. To what extent have states actually honored this prohibition?

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Security Council Practice: The Charter and Intrastate Violence,hereby escape limits upon its power to intervene? “[P]roponents of a ‘living Charter,’ Louis Henkin has written, “would support an interpretation of the law and an adaptation of UN procedures that rendered them what they ought to be. That might be the lesson of Kosovo.”

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The Collapse of Consent: Is a Legalist Use-of-Force Regime Possible?,does set out a standard by which to assess the lawfulness of intervention by the Security Council—a standard that precludes intervention in states’ domestic affairs. This groundwork having been laid, it is now possible to ask whether the construction of a true legalist use-of-force regime is feasibl

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https://doi.org/10.1057/9781403982537geopolitics; intervention; NATO; planning; state; United Nations; violence

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