Too Much History. From War As Sanction to the Sanctioning of War
In Marc Weller (ed.), The Oxford Handbook of the Use of Force in International Law (Oxford: Oxford University Press 2015) 35-55.
30 Pages Posted: 26 Jan 2017
Date Written: 2015
This chapter surveys the historical evolution of use of force law - ius ad bellum - from the Late Middle Ages to 1945 in Western legal scholarship and state practice. The main thrust of its argument is that, contrary to what mainstream literature holds, pre-1900 use of force law was far more restrictive and resilient against the free arbiter of states as it is generally held.
Keywords: history of international law, use of force law, just war doctrine
JEL Classification: K33
Suggested Citation: Suggested Citation