Mapping the Concepts Behind the Contemporary Liberalization of the Use of Force in International Law

61 Pages Posted: 23 Apr 2010 Last revised: 14 Mar 2016

See all articles by Jean d'Aspremont

Jean d'Aspremont

Sciences Po Law School; University of Manchester - School of Law

Date Written: March 28, 2010

Abstract

The Article starts by investigating the manner in which the prohibition to use force is being incrementally corroded. In particular, it argues that the evanescence of the rule expressed in Article 2(4) of the U.N. Charter does not stem from a conscious disregard for the prohibition on the use force since most States still feel constrained by it. Instead, it is submitted that the disintegration of the prohibition on the use force results from a general striving for looser limitations on that prohibition. This phenomenon is construed here as a liberalization of the use of force. Once it has been established how the prohibition on the use of force is being liberalized, only then this Article engages in a study of its consequences for the international legal order.

Keywords: International Law, Use of Force, Self-Defense, United Nations, Non-State Actors, Terrorism, Humanitarian Intervention, Pro-Democratic Intervention, Military Countermeasures, Intervention by Invitation, Armed Attack, Privatization, Security Council, Lawmaking, Collective Security System, Legal Order

Suggested Citation

d'Aspremont, Jean, Mapping the Concepts Behind the Contemporary Liberalization of the Use of Force in International Law (March 28, 2010). University of Pennsylvania Journal of International Law, Vol. 31, No. 4, pp. 101-159, 2010. Available at SSRN: https://ssrn.com/abstract=1594764

Jean D'Aspremont (Contact Author)

Sciences Po Law School ( email )

13 rue de l'université
Paris, 75007
France

HOME PAGE: http://www.sciencespo.fr/ecole-de-droit/en/profile/daspremont-jean

University of Manchester - School of Law ( email )

Oxford Road
Manchester M13 9PL, M139PL
United Kingdom

HOME PAGE: http://www.manchester.ac.uk/research/Jean.daspremont/

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