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The Threat of Force in International Law (Cambridge Studies in International and...
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The Threat of Force in International Law (Cambridge Studies in International and...
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by Nikolas Stürchler
Sales Rank : 1111882
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Hardcover: 384 pages
Publisher: Cambridge University Press; 1 edition August 13, 2007
Language: English
ISBN-10: 0521873886
ISBN-13: 978-0521873888
Product Dimensions:
9.1 x 6.1 x 1.3 inches
Shipping Weight: 1.7 pounds
Product Review
"[] Nikolas Stürchler deserves not only the credit for having submitted the first comprehensive analysis on "Art. 2 (4)'s blind spot" (1), but also for having approached this subject matter in a well-balanced, historically informed, and excellently written manner. The overall objective of his treatise is to both explore the legal meaning of the no-threat principle and to draw conclusions on how it operates in practice, and it shall be stated right at the outset that Stürchler succeeds in having this aim. [] Stürchler's book is an excellent piece of academic work which deserves a wide readership, not only with a view to the detailed and standard-setting examination of State practice contained therein."
--Alexander Proelβ, German Yearbook of International Law
Product Description
Threats of force are a common feature of international politics, advocated by some as an economical guarantee against the outbreak of war and condemned by others as a recipe for war. Article 2(4) of the United Nations Charter forbids states to use threats of force, yet the meaning of the prohibition is unclear. This book provides the first comprehensive appraisal of the no-threat principle: its origin, underlying rationale, theoretical implications, relevant jurisprudence, and how it has withstood the test of time from 1945 to the present. Based on a systematic evaluation of state and United Nations practices, the book identifies what constitutes a threat of force and when its use is justified under the United Nations Charter. In so doing, it relates the no-threat principle to important concepts of the twentieth century, such as deterrence, escalation, crisis management, and what has been aptly described as the 'diplomacy of violence'.
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