Redefining sovereignty : the use of force after the Cold War
edited by Michael Bothe, Mary Ellen O'Connell, Natalino Ronzitti
The use of force and the regulation of armed conflict in the 21st century raises new and challenging questions in international law and policy. This timely study brings together leading scholars -- including ethicists, political scientists and international lawyers -- to address the use of force, beginning with NATO's 1999 intervention in Kosovo up to the US-led invasion of Iraq. In some important respects, the legal regime for force regulation -- in place since the adoption of the UN Charter in 1945 -- provides a normative restraint on international relations, but is it wholly relevant and effective with regard to contemporary events? The contributors investigate what options are or should be lawful in the 21st century.
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[目次]
Preface
Part I. After Kosovo
Chapter One . A Report from Rome on Redefining Sovereignty: The Use of Force After the End of the Cold War. New Options Lawful and Legitimate?, by Michael Bothe,Marina Mancini, and Natalino Ronzitti
Chapter Two . A Report From Frankfurt on Redefining Sovereigny: TheUse of Force in the Post-Cold War.New Options, Lawful and Legitimate?, by Michael Bothe, Marina Mancini, and Natalino Ronzitti
Part II. Ethical and Policy Considerations in Regulating Force
Chapter Three . The Use of Force in the Post-Cold War Era FromCollective Action Back to Pre-Charter Self Defense?, by Lothar Brock
Chapter Four . National Sovereignty and International Responsibility:Legal and Policy Aspects, byDieter Fleck
Chapter Five . Ordering the New World, by John Mueller
Part III. Legal Concepts and Core Institutions in RegulatingForce
Chapter Six . The Current Status of Legal Principles Prohibiting theUse of Force and Legal Justifications of the Use of Force, by Natalino Ronzitti
Chapter Seven . Sovereignty, the Security Council and the Use ofForce, by Yoram Dinstein
Chapter Eight . American Hyper-Sovereignty from Kosovo to the Global War on Terror, by Mary Ellen O.Connell
Chapter Nine . The Role of Regional Organizations in Maintaining Peace and Security, by Jost Delbruck
Chapter Ten . At the End of a Conflict and Post-Conflict Peace-Building, by Andrea Gioia
Chapter Eleven . The Dimensions of Domestic Constitutional and Statutory Limits on the Use of Military Force, by Michael Bothe and Andreas Fischer-Lescano
Part IV. Case Studies Chapter Twelve . The ECOWAS. Operations in Liberia and SierraLeone: Amnesty for Past Unlawful Acts or Progress Towards Future Rules?, by Marco Gestri
Chapter Thirteen . Might for Rights, The French Intervention in Rwanda1994 by Andreas Hasenclever
Chapter Fourteen . Forcible Humanitarian Action: The Case of Kosovo,by Marc Weller
Chapter Fifteen . Redefining Sovereignty via International Constitutional Moments? The Case of Afghanistan, by Andreas Fischer-Lescano
Chapter Sixteen .The Legality of the Use of Force: Iraq in 2003, by Christopher Greenwood
Chapter Seventeen . Legality of Maritime Interception Operations Within the Framework of Operation Enduring Freedom, by Wolff Heintschel v. Heinegg
Chapter Eighteen . Has Article 2(4) Survived the Iraq War?, by Michael Bothe
Part V. After Iraq
Chapter Nineteen . Report from Columbus: The Future of Law and Institutions on the Use of Force in a One Superpower World, edited by Mary Ellen O.Connell and B. Welling Hall
Index.
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書名
Redefining sovereignty : the use of force after the Cold War