The Security Council and the Use of Force

Theory and Reality - A Need for Change?

Series:

This book addresses the authority of the UN Security Council to regulate the use of force. In particular, it examines the question of whether the present composition, functions, and powers of the Security Council are adequate to meet recent demands, such as the need perceived by states to use force in cases of humanitarian emergency and pre-emptive action in response to international terrorism and the proliferation of weapons of mass destruction. Is the Security Council still well positioned today to deal with these demands and challenges? In seeking a response, the book analyzes both Charter law and Security Council practice. It addresses not only the hotly debated recent crises concerning Kosovo, Afghanistan, and Iraq, but also resolutions dealing with the use of force by peacekeeping operations. A number of issues relating to the right of self-defence are analyzed, as are the emerging new roles of NATO and the African Union. Separate chapters of the book are devoted to the current discussion concerning the reform of the Security Council. A particular feature of the book is the interaction between academics and practitioners as well as between theory and reality.

Hardback:

EUR €135.00USD $168.00

Biographical Note

Niels Blokker, Professor of International Institutional Law. Nico Schrijver, Professor of Public International Law, Leiden University. Co-publication with E.M. Meijers Institute of Legal Studies.

Table of contents

Foreword– Pieter Kooijmans, Introduction – Niels Blokker & Nico Schrijver, Notes on Contributors, Acknowledgements, List of Abbreviations, 1 Niels Blokker, The Security Council and the Use of Force – On Recent Practice. 2 Nico Schrijver, Challenges to the Prohibition to Use Force: Does the Straitjacket of Article 2(4) UN Charter Begin to Gall too Much?, 3 Mary Ellen O’Connell, The United Nations Security Council and the Authorization of Force: Renewing the Council Through Law Reform, 4 Peter van Walsum, The Security Council and the Use of Force: Kosovo, East Timor and Iraq, 5 Michael Wood, Towards New Circumstances in Which the Use of Force May be Authorized?, 6 Ralph Zacklin, The Use of Force in Peacekeeping Operations, 7 Jutta Brunnée, The Security Council and Self-Defence: Which Way to Global Security?, 8 André Nollkaemper, Attribution of Forcible Acts to States: Connections Between the Law on the Use of Force and the Law of State Responsibility, 9 Stephen Mathias, The United States and the Security Council, 10 Marten Zwanenburg, NATO, Its Member States and the Security Council, 11 Jeremy Levitt, The Peace and Security Council of the African Union, the Use of Force and the United Nations Security Council: The Case of the Sudan, 12 Niels Blokker, Towards a Second Enlargement of the Security Council? A Comparative Perspective, 13 Karel van Kesteren, Reforming the Security Council: Views from Practice, 14 Jean-Pierre Cot, Reforming the Security Council: Is There a Hidden Agenda?, Appendix I: Extracts from A More Secure World: Our Shared Responsibility (Report of the High-level Panel), Appendix II: Extracts from In Larger Freedom: Towards Development, Security and Human Rights for All (Report of the Secretary-General)

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