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Optimal War and Jus Ad Bellum

Eric A. Posner
University of Chicago - Law School

Alan O. Sykes
Stanford Law School


April 2004

U Chicago Law & Economics, Olin Working Paper No. 211; U of Chicago, Public Law Working Paper No. 63

Abstract:     
The laws of war forbid states to use force against each other except in self-defense or with the authorization of the United Nations Security Council. Self-defense is usually understood to mean self-defense against an imminent threat. We model the decision of states to use force against "rogue" states, and argue that under certain conditions it may be proper to expand the self-defense exception to preemptive self-defense. We also consider related issues such as humanitarian intervention, collective security, and the role of the Security Council.

Keywords: laws of war, United Nations

Working Paper Series

Date posted: May 13, 2004 ; Last revised: March 19, 2009

Suggested Citation

Posner, Eric A. and Sykes, Alan O., Optimal War and Jus Ad Bellum (April 2004). U Chicago Law & Economics, Olin Working Paper No. 211; U of Chicago, Public Law Working Paper No. 63. Available at SSRN: http://ssrn.com/abstract=546104 or doi:10.2139/ssrn.546104


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Contact Information

Eric A. Posner (Contact Author)
University of Chicago - Law School ( email )
1111 E. 60th St.
Chicago, IL 60637
United States
773-702-0425 (Phone)
773-702-0730 (Fax)
HOME PAGE: http://www.law.uchicago.edu/faculty/posner-e/
Alan O'Neil Sykes
Stanford Law School ( email )
559 Nathan Abbott Way
Stanford, CA 94305-8610
United States
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