Recourse to Force: State Action against Threats and Armed Attacks: 15 (Hersch Lauterpacht Memorial Lectures, Series Number 15) - Hardcover

Franck, Thomas M.

Hardcover

ISBN 10: 0521820138 ISBN 13: 9780521820134

Publisher: Cambridge University Press, 2002

Synopsis

The nations that drafted the UN Charter in 1945 clearly were more concerned about peace than about justice. As a result, the Charter prohibits all use of force by states except in the event of an armed attack or when authorised by the Security Council. This arrangement has only very imperfectly withstood the test of time and changing world conditions. In requiring states not to use force in self-defence until after they had become the object of an actual armed attack, the Charter failed to address a growing phenomenon of clandestine subversion and of instantaneous nuclear threats. Fortunately although the Charter is very hard to amend, the drafters did agree that it should be interpreted flexibly by the United Nations' principal political institutions. In this way the norms governing use of force in international affairs have been adapted to meet changing circumstances and new challenges. The book also relates these changes in law and practice to changing public values pertaining to the balance between maintaining peace and promoting justice.

About this title

About the Author

Murray and Ida Becker Professor of Law, New York University School of Law Wolfgang Friedmann Memorial Award 1999

Edition details

• Publisher: Cambridge University Press
• Publication date: 2002
• Language: English
• ISBN 10: 0521820138
• ISBN 13: 9780521820134
• Binding: Hardcover
• Number of pages: 220