The Threat of Force in International Law

This book examines the relationship between military coercion and international law.

Nikolas Stürchler (Author)

9780521133616, Cambridge University Press

Paperback, published 20 August 2009

384 pages
23 x 15 x 1.5 cm, 0.6 kg

'Stürchler has accomplished an admirable piece of work, setting a high standard especially for those who seek to study state practice in a systematic, non-impressionistic way. He combines finesse in legal thinking with a thorough knowledge of international relations readings. While breaking new ground on an important legal subject , he never overreaches himself.' Leiden Journal of International Law

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'.

1. Birth and infancy of a Charter rule: the open framework
2. The menu of choice: a guide to interpretation
3. Precedents of the International Court
4. Deciphering post-Charter practice: means and limits
5. Open threats to extract concessions
6. Demonstrations of force
7. Countervailing threats or threats in self-defence
8. Findings and conclusions
9. Epilogue: the law in operation.

Subject Areas: Public international law [LBB], International relations [JPS]