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Contents

Published online by Cambridge University Press:  29 July 2019

Mary Ellen O'Connell ,
Christian J. Tams  and
Dire Tladi
Mary Ellen O'Connell
Affiliation:
University of Notre Dame, Indiana
Christian J. Tams
Affiliation:
University of Glasgow
Dire Tladi
Affiliation:
University of Pretoria

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Self-Defence against Non-State Actors , pp. vii - x
Publisher: Cambridge University Press
Print publication year: 2019
Creative Commons
Creative Common License - CCCreative Common License - BYCreative Common License - NCCreative Common License - ND
This content is Open Access and distributed under the terms of the Creative Commons Attribution licence CC-BY-NC-ND 4.0 https://creativecommons.org/cclicenses/

Contents

  1. Introduction to the Series: Trialogical International Law

    Anne Peters

      1. I.The Pluralistic Structure and Self-Contradictory Substance of International Law

      2. II.Multiperspectivism

      3. III.The Timing of the Trialogues: Pressure on International Law’s Universality

      4. IV.Problematising National Perspectives on Questions of the Law Contra Bellum and In Bello

      5. V.Bottom-Up Universalisation

      6. VI.Contributing to the Self-Reflexivity of International Legal Scholarship

  2. Introduction: Dilution of Self-Defence and its Discontents

    Christian Marxsen and Anne Peters

    1. I.The Controversy Around Self-Defence against Non-State Actors

    2. II.Revival of the Debate since 2014

    3. III.Three Perspectives in a Trialogue

  3. 1.The Use of Force in Self-Defence against Non-State Actors, Decline of Collective Security and the Rise of Unilateralism: Whither International Law?

    Dire Tladi

    1. I.Introduction

      1. A.Importance and Controversy of the Law on the Use of Force

      2. B.The Role of Policy Considerations

      3. C.The Purpose of the Chapter

    2. II.Prohibition on the Use of Force

      1. A.A Brief Historical Context

      2. B.The Content and Status of the Prohibition

    3. III.International Peace and Security Architecture

      1. A.The Charter as an Instrument for Collective Security

      2. B.Institutional Framework for Peace and Security under the Charter

    4. IV.The Law on Self-Defence

      1. A.General Framework

      2. B.The Permissibility of Unilateral Use of Force against Non-State Actors

      3. C.The Proposition that Unilateral Force can be used Extraterritorially in Self-Defence against Non-State Actors

      4. D.The Rules for Interpreting and Identifying the Scope of Self-Defence in Respect of Non-State Actors

    5. V.Evaluation of the Scope of the Right of Self-Defence

      1. A.The ‘Inherent Right’: Pre-Existing Rules of Customary International Law

      2. B.Armed Attack does not mean Armed Attack by a State

    6. VI.Unilateral or Collective Security: The Intersection of Law and Policy

      1. A.Scope and Limits of the Law of Self-Defence against Non-State Actors

      2. B.Do Current Circumstances Call for a New Approach?

    7. VII.Summary and Conclusions

  4. 2.Self-Defence against Non-State Actors: Making Sense of the ‘Armed Attack’ Requirement

    Christian J. Tams

    1. I.Introduction

    2. II.Setting the Stage

      1. A.A Problem of Force in International Relations

      2. B.A Question of Self-Defence

      3. C.A Question of Treaty Law

    3. III.The ‘Armed Attack’ Requirement: Making Sense of the Treaty Text

      1. A.‘… the ordinary meaning to be given to the terms of the treaty …’

      2. B.‘ … in their context … ’

      3. C.‘… and in the light of its object and purpose’

      4. D.The Preparatory Work of the Treaty and the Circumstances of its Conclusion

      5. E.The Text of Article 51: Where Do We Stand?

    4. IV.‘Meaning Through Deeds’: Subsequent Practice in Application of the ‘Armed Attack’ Requirement

      1. A.Subsequent Practice in Treaty Interpretation

      2. B.The General Framework: An Inter-State Reading of Self-Defence

      3. C.Particular Instances of Self-Defence (1946–Late 1980s): A Plea for Nuance

      4. D.Post-Cold War Practice: Gradual, Palpable Change

      5. E.Subsequent Practice: Where Do We Stand?

    5. V.Assessment and Concluding Thoughts

      1. A.The Case for Asymmetrical Self-Defence

      2. B.Implications

  5. 3.Self-Defence, Pernicious Doctrines, Peremptory Norms

    Mary Ellen O’Connell

    1. I.Introduction

    2. II.Evidence of the Durable Meaning of Self-Defence

      1. A.The Terms of the Charter

      2. B.The Drafting History of the Charter

      3. C.The Understanding in UN Organs

    3. III.Three Pernicious Doctrines of Expansive Self-Defence

      1. A.Inherent/Imminent

      2. B.Terrorism/War

      3. C.Unable/Unwilling

    4. IV.The Prohibition on the Use of Force as Ius Cogens

      1. A.The Methodology of Ius Cogens

      2. B.History, Morality, Natural Law

      3. C.The Implications of Ius Cogens Status for Self-Defence

    5. V.Conclusion

  6. Conclusion: Self-Defence against Non-State Actors – The Way Ahead

    Christian Marxsen and Anne Peters

    1. I.Different Modes of Engaging with the International Law on Self-Defence

    2. II.Handling the Sources of Self-Defence

    3. III.Moral Values and Ius Cogens

    4. IV.The Indeterminacy of the Law on Self-Defence

    5. V.How Does the Law of Self-Defence Change?

      1. A.Change of the Charter Law

      2. B.Change of the Customary International Law on Self-Defence

      3. C.The Law in Transition

    6. VI.Conclusion

  7. Index

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