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The Place Of Law In Collective Security, Martti Koskenniemi
The Place Of Law In Collective Security, Martti Koskenniemi
Michigan Journal of International Law
In this article the author wants to examine the place of law in our thinking about and sometimes participation in decision-making regarding international security. After the end of the Cold War, and particularly since the United Nations' reaction to Iraq's occupation of Kuwait in 1990-91, an academic debate concerning the possibility of collective security has arisen anew. The intention is not to take a definite view in that controversy. Instead, the author shall suggest that this debate has been framed so as to obscure the role of normative considerations, including law, in the production or construction of collective security. A …
Caught Between Traditions: The Security Council In Philosophical Conundrum, David P. Fidler
Caught Between Traditions: The Security Council In Philosophical Conundrum, David P. Fidler
Michigan Journal of International Law
In Part I of this article, I provide a discussion about the use of traditions of thought in international relations. Part II begins by briefly examining the fundamental purpose of the Security Council – the maintenance of international peace, and security. I then analyze the philosophical origins of the idea of maintaining international peace and security through an international organization to demonstrate how liberal thought on international relations came to incorporate this idea. In this analysis, I will demonstrate that liberal thought on the appropriateness of relying on international organizations to maintain peace and security is not unified and that …