Redefining Sovereignty: the Use of Force After the End of the Cold War

With considerable insight and analysis, the editors and contributors to the book—the world’s leading ethicists, political scientists and international lawyers—investigate the use of force since the end of the Cold War and, simultaneously, what changes have or should occur with respect to sovereignty and the law in the 21st century.

Redefining Sovereignty has resulted from three groundbreaking workshops on international law and the use of force: the first was held in Rome soon after NATO’s 1999 intervention in Kosovo; the second took place in Frankfurt after the U.S.-led invasion of Afghanistan; and the third occurred in Columbus, Ohio after the U.S.-led invasion of Iraq. Together, these and other uses of armed force since the end of the Cold War have raised new and challenging questions for the international law and policy on the regulation of armed conflict.

These questions are explored in the thoughtful text, including: With the end of superpower rivalry have these uses of force had a particular impact on the state system? Have they, for example, affected the concept of state sovereignty? Have they affected the legal regime on the use of force? By the time of the Iraq invasion in March 2003, had some uses of force long-considered prohibited by the principle of non-intervention become lawful? Did the use of force to protect human rights, to respond to terrorism, for arms control or to preempt future threats become lawful or if not lawful, somehow otherwise legitimate?

Published under the Transnational Publishers imprint.

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Mary Ellen O’Connell is William B. Saxbe Designated Professor of Law at The Ohio State University Moritz College of Law, Columbus. Michael Bothe is Professor of Law at J.W. Goethe-Universitat, Frankfurt, Germany. Natalino Ronzitti is Professor of Law at Luiss University, Rome, Italy.
Preface; Part I. After Kosovo; Chapter One . A Report from Rome on Redefining Sovereignty: The Use of Force After the End of the Cold War. New Options Lawful and Legitimate?, by Michael Bothe,Marina Mancini, and Natalino Ronzitti; Chapter Two . A Report From Frankfurt on Redefining Sovereigny: TheUse of Force in the Post-Cold War.New Options, Lawful and Legitimate?, by Michael Bothe, Marina Mancini, and Natalino Ronzitti; Part II. Ethical and Policy Considerations in Regulating Force; Chapter Three . The Use of Force in the Post-Cold War Era FromCollective Action Back to Pre-Charter Self Defense?, by Lothar Brock; Chapter Four . National Sovereignty and International Responsibility:Legal and Policy Aspects, byDieter Fleck; Chapter Five . Ordering the New World, by John Mueller; Part III. Legal Concepts and Core Institutions in RegulatingForce; Chapter Six . The Current Status of Legal Principles Prohibiting theUse of Force and Legal Justifications of the Use of Force, by Natalino Ronzitti; Chapter Seven . Sovereignty, the Security Council and the Use ofForce, by Yoram Dinstein; Chapter Eight . American Hyper-Sovereignty from Kosovo to the Global War on Terror, by Mary Ellen O.Connell; Chapter Nine . The Role of Regional Organizations in Maintaining Peace and Security, by Jost Delbrück; Chapter Ten . At the End of a Conflict and Post-Conflict Peace-Building, by Andrea Gioia; Chapter Eleven . The Dimensions of Domestic Constitutional and Statutory Limits on the Use of Military Force, by Michael Bothe and Andreas Fischer-Lescano; Part IV. Case Studies Chapter Twelve . The ECOWAS. Operations in Liberia and SierraLeone: Amnesty for Past Unlawful Acts or Progress Towards Future Rules?, by Marco Gestri; Chapter Thirteen . Might for Rights, The French Intervention in Rwanda1994 by Andreas Hasenclever; Chapter Fourteen . Forcible Humanitarian Action: The Case of Kosovo,by Marc Weller; Chapter Fifteen . Redefining Sovereignty via International Constitutional Moments? The Case of Afghanistan, by Andreas Fischer-Lescano; Chapter Sixteen .The Legality of the Use of Force: Iraq in 2003, by Christopher Greenwood; Chapter Seventeen . Legality of Maritime Interception Operations Within the Framework of Operation Enduring Freedom, by Wolff Heintschel v. Heinegg; Chapter Eighteen . Has Article 2(4) Survived the Iraq War?, by Michael Bothe; Part V. After Iraq; Chapter Nineteen . Report from Columbus: The Future of Law and Institutions on the Use of Force in a One Superpower World, edited by Mary Ellen O.Connell and B. Welling Hall; Index.