Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-94fs2 Total loading time: 0 Render date: 2024-11-06T04:06:46.635Z Has data issue: false hasContentIssue false

3 - The Use of Force in Writings of ‘Eclectic’ Inclination

from Part I - The Use of Force in Nineteenth-Century Doctrine

Published online by Cambridge University Press:  10 September 2021

Agatha Verdebout
Affiliation:
Université Catholique de Lille
Get access

Summary

This chapter turns to the ‘eclectic’ literature. Its structure mimics that of the previous chapter. It starts by highlighting how ‘eclectic’ authors thought about the international legal order. Unlike naturalists, they placed natural and positive law on an equal footing. This translated into a method for custom identification and determination in which the potential contradictions between positive rules and natural principles was erased by presupposing that States’ behaviours were always guided by reason. The third and fourth sections of the chapter respectively try to see how this method was applied to establish the existence of a rule of non-intervention and the exceptions to said principle. They show, on the one hand, that the principle of non-intervention was once more deduced from the principles of independence and equality and, on the other hand, that practice was much more engaged with to establish the exception to non-intervention.

Type
Chapter
Information
Rewriting Histories of the Use of Force
The Narrative of ‘Indifference'
, pp. 57 - 77
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×