Beyond Confrontation: International Law for the Post-Cold War Era

By Lori Fisler Damrosch; Gennady M. Danilenko et al. | Go to book overview

proves impossible (because of opposition byanother permanent member of the Security Council) or impractical underthe circumstances (such as legitimate acts of self-defense under Article 51 or immediateresponses to humanitarian crises). Russia, as a majormilitary power, also may face similar tensions in the years to come. But Russia's commitment to collective security and its cooperation with the United States on military affairs probably will stimulate further bilateral efforts toundertake collective actions authorized by the SecurityCouncil (including regional initiatives).

These developments will accelerate development of the law onuse of force in the years ahead. Perhaps the three most turbulent areasof legal theory and rule-making will be those principles associated withhumanitarian intervention, illegitimate regimes, and collectivesecurity. While legal developments during the 20th centuryemphasized the development of rules on the non-use of military force, developments inthe postCold War era point toward a growing body of law and practicethat more clearly articulates and facilitates the collective use offorce to enforce international law. Thus this remains an intellectuallychallenging and potentially controversial field of law to apply to thevicissitudes of armed conflict. But we believe that state practice, customaryinternational law, and codified instruments such as the U.N. Charter are moving towards a new and promising harmony with respect to theregulation of military force.


Notes
1
DOKUMENTY VNESHNEI POLITIKI,SSSR (Documents on the Foreign Policy of the USSR), 1 Gospolitizdat 11-12 ( 1957).
2
PASHUKANIS OCHERKI POMEZHDUNARODNOMU PRAVU (Articles on International Law) ( 1935).
3
Treaty Providing for theRenunciation of War as an Instrument of National Policy, Aug. 27, 1928, 46 Stat. 2343, T.S. No. 796,94 L.N.T.S. 57.
4
The Kellogg-Briand Pact wasfurther implemented among the Soviet Union, Poland, Romania, Estonia, and Latvia by the Moscow Protocol of 1929, which was proposed by the Soviet government. 12 DOKUMENTY VNESHNEI POLITIKISSSR SSSR (Documents on the Foreign Policy of the USSR), M.: Politizdat 68-70 ( 1967).
5
London Conventionfor the Definition of Aggression, signed at London, July 3,1933, T.S. Doc. 3391,147 L.N.T.S. 67; T.S. Doc.3405, 148 L.N.T.S. 81.
6
Treaty of Nonaggression(Molotov-Ribbentrop Pact), 23 August 1939, Germany-Soviet Union,trans. in Around the Non-Aggression Pact: Documents of Soviet-German Relations in 1939, INTERNATIONALAFFAIRS, No. 10, Oct. 1989, pp. 81- 88.
7
Soviet doctrine narrowlyconstrued instances of armed attack and the legal right of self-defense. See, for example, D. Donskoi, Aggression-- Outside the Law,

-134-

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Beyond Confrontation: International Law for the Post-Cold War Era
Table of contents

Table of contents

  • Title Page iii
  • Contents v
  • Preface vii
  • Notes xx
  • Acknowledgments xxiii
  • About the Editors and Contributors xxv
  • 1 - The Role of International Law In the Contemporary World 1
  • Notes 19
  • 2 - Consent and the Creation Of International Law 23
  • Notes 53
  • 3 - Participants in International Legal Relations 61
  • Notes 82
  • 4 - Legal Regulation of the Use of Force 93
  • Notes 134
  • 5 - International Cooperation Against Terrorism 141
  • Notes 158
  • 6 - Stability in the Law of the Sea 165
  • Notes 183
  • 7 - Enviornmental Law 193
  • Notes 217
  • 8 - Tensions in the Development Of the Law of Outer Space 225
  • Notes 257
  • 9 - International Human Rights 275
  • Notes 299
  • 10 - Peaceful Settlement of Disputes Through the Rule of Law 309
  • Notes 332
  • About the Book 335
  • Index 337
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