The Future of Restrictivist Scholarship on the Use of Force (Journal Symposium Introduction)
29 Leiden Journal of International Law (2016) Number 2
4 Pages Posted: 6 Oct 2015
Date Written: September 29, 2015
This is the guest editor's introduction to a forthcoming symposium in the Leiden Journal of International Law on 'The Future of Restrictivist Scholarship on the Use of Force':
A survey of the state of the writings on non-state entities in self-defence law after 11 September 2001 reveals that wide readings of the law have become nearly unquestioned, giving way to a new orthodoxy on the law on the use of force. While the ranks of the ‘restrictivists’ (those holding a narrower view of exceptions to the prohibition of the use of force) have diminished, they have not suddenly all disappeared. What state is the restrictivist camp in? What form does the struggle between restrictivists and expansionists take?
The symposium is a self-reflective and critical analysis of both streams, their inter-relationship and the argumentative strategies employed, straddling the divide between theory and doctrine: it is an exercise in second-order analysis. The contributions in the symposium do not discuss the ‘right’ way to read Article 51 UN-Charter. Rather, the authors write about the structure of arguments employed and their change over time, the responses and counters: argumentative strategies of international lawyers at a critical juncture of this sub-field.
The symposium contains the following articles: - Jörg Kammerhofer: Introduction - André de Hoogh: Restrictivist Reasoning on the Ratione Personae Dimension of Armed Attacks in the Post 9/11 World - Raphaël van Steenberghe: The Law of Self-Defence and the new Argumentative Landscape on the Expansionists’ Side - Evan J Criddle and William C Banks : Customary Constraints on the Use of Force: Article 51 With an American Accent - Anne-Charlotte Martineau: Concerning Violence: A Post-Colonial Reading of the Debate on the Use of Force
Keywords: self-defence, Article 51, Article 2(4), use of force, United Nations, non-state actors, restrictivism, expansionism
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