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Full-Text Articles in Law
Questioning The Peremptory Status Of The Prohibition Of The Use Of Force, James A. Green
Questioning The Peremptory Status Of The Prohibition Of The Use Of Force, James A. Green
Michigan Journal of International Law
It is incontrovertible that the prohibition of the unilateral use of force is a fundamental aspect of the United Nations (U.N.) era system for governing the relations between states. Given this fact, the prohibition, as set out most crucially in Article 2(4) of the U.N. Charter, is often seen as the archetypal example of a jus cogens norm (a "peremptory norm" of general international law). Certainly, an overwhelming majority of scholars view the prohibition as having a peremptory character. Similarly, the International Law Commission (ILC) has taken this view and it is arguable that the International Court of Justice (ICJ) …
The Use Of Force Against States That Might Have Weapons Of Mass Destruction, Matthew C. Waxman
The Use Of Force Against States That Might Have Weapons Of Mass Destruction, Matthew C. Waxman
Michigan Journal of International Law
This Article argues that the most difficult future crises for which this legal debate is most consequential will not resemble those described by Prime Minister Thatcher or Director ElBaradei. Rather, in confronting potentially hostile and aggressive states believed to pose a WMD threat, decisionmakers contemplating the use of force will face an intelligence picture that is open to reasonable debate (contra Thatcher) and irresolvable to high levels of certainty (contra ElBaradei). This paper examines how competing legal approaches deal with this epistemic problem.
"Change Direction" 2006: Israeli Operations In Lebanon And The International Law Of Self-Defense, Michael N. Schmitt
"Change Direction" 2006: Israeli Operations In Lebanon And The International Law Of Self-Defense, Michael N. Schmitt
Michigan Journal of International Law
This Article explores and assesses the Israeli justification for Operation Change Direction. Did the law of self-defense provide a basis for the operation? If so, defense against whom-Hezbollah, the State of Lebanon, or both? Were the Israeli actions consistent with the criteria for a lawful defensive action: necessity, proportionality, and immediacy? Did Operation Change Direction unlawfully breach Lebanese territorial integrity?
Civil Aircraft As Weapons Of Large-Scale Destruction: Countermeasures, Article 3bis Of The Chicago Convention, And The Newly Adopted German "Luftsicherheitsgesetz", Robin Geiß
Michigan Journal of International Law
It is thus the aim of this Article to map out the international legal framework relevant for designing countermeasures against nonstate actors who convert civil aircraft into weapons of destruction. As a first step, this Article sketches out the applicable rules relating to international civil aviation security and highlights the dichotomy between nonstate actor threats and interstate threats at the base of these rules. As will be seen below, nonstate actors abusing civil aircraft as weapons of destruction is a new challenge not only in terms of destructive quality but also in a legal sense, in that the question of …
Preemptive Strategies In International Law, Michael N. Schmitt
Preemptive Strategies In International Law, Michael N. Schmitt
Michigan Journal of International Law
This Article explores the appropriateness of preemptive strategies in international law. Are preemptive actions approved by the international community lawful? Can States act unilaterally or in a coalition of the willing to preempt terrorism, the development and transfer of WMD, or other threats? If so, under what circumstances and based on what quantum and quality of evidence? When can preemptive actions be taken against non-State actors such as terrorists who are based in other States?
Clear And Present Danger: Enforcing The International Ban On Biological And Chemical Weapons Through Sanctions, Use Of Force, And Criminalization, Michael P. Scharf
Clear And Present Danger: Enforcing The International Ban On Biological And Chemical Weapons Through Sanctions, Use Of Force, And Criminalization, Michael P. Scharf
Michigan Journal of International Law
Currently there are two means of enforcing the international prohibition of chemical and biological weapons. First, the international community can induce compliance through imposition of sanctions, such as trade embargoes, freezing of assets and diplomatic isolation. Second, when sanctions fail, States can individually or collectively respond to the threat of chemical or biological weapons by using military force. After exploring the potential strengths and weaknesses of these approaches, this article examines the desirability of supplementing them with a third approach based on the criminal prosecution of persons responsible for the production, stockpiling, transfer, or use of chemical and biological weapons.
The Right Of States To Use Armed Force, Oscar Schachter
The Right Of States To Use Armed Force, Oscar Schachter
Michigan Law Review
When the United Nations (UN) Charter was adopted, it was generally considered to have outlawed war. States accepted the obligation to settle all disputes by peaceful means and to refrain from the use or threat of use of force in their international relations. Only two exceptions were expressly allowed: force used in self-defense when an armed attack occurs, and armed action authorized by the UN Security Council as an enforcement measure. These provisions were seen by most observers as the heart of the Charter. and the most important principles of contemporary international law. They have been reaffirmed over and over …