legality and legitimacy of the use of force by the US
legality and legitimacy of the use of force by the US
What impact do you believe that debates regarding the legality and legitimacy of the use of force by the US and its allies during the Kosovo crisis and in Iraq, Afghanistan and Libya may have had on the global response to the current situation in Syria?
• Does the essay demonstrate a knowledge and understanding of the relevant legal issues/points of law?
• Does the essay say something meaningful regarding the relationship of international law to international politics, making some reference to theoretical literature?
• Does the essay draw on the readings set during Part 2
(PART 2: INTERNATIONAL LAW AND THE USE OF FORCE
The second part of the course will address international law pertaining to the use of force. It will also introduce the major theoretical interpretations of the relationship between international law and the political system in which it operates.
Afghanistan and the International Law of Self-Defence
Essential Reading and Preparation: International Law in World Politics: chapter 6.
Security Council authorisation to use force and Iraq
,focus on the legality of the 2003 use of force.
Essential Reading and Preparation:
• International Law in World Politics: chapter 7.
• Please locate, read, and bring a copy to class of an article of your choice (some examples are listed further down the course guide where there is information on the research essay) pertaining to the legality of the use of force against Iraq.
Humanitarian Intervention and the Responsibility to Protect in Libya and Syria
Essential Reading and Preparation: Please locate, read, and bring a copy to class:
Ramesh Thakur and Thomas G. Weiss, `R2P: From Idea to Norm – and Action’ Global Responsibility to Protect 1 (2009) 22-53 and one other relevant source.
The Role of International Law in World Politics: Theoretical Perspectives
Essential Reading and Preparation:
Please locate, read, and bring a copy to class: Chris Joyner, `International Law is, as International Relations Theory Does?’ Review Essay, American Journal of International Law 100 (2006), 248-258 and one other relevant source.)
of the course as well as at least 10 other sources?
• Has the student formulated his/her own response to the set question?
• Has the student provided convincing justifications for the position taken in relation to the set question?
• Is the essay clearly, logically, and tightly structured?
• Is the essay referenced according to the style guide?
Some readings on international law and the use of force
Anderson, Kenneth. `Legality of intervention in Syria in Response to Chemical Weapon Attacks’ ASIL Insights 30 August 2013.
Bellamy, Alex J. `Libya and the Responsibility to Protect: the exception and the norm’ Ethics and International Affairs 25:3 (2011) 263-270.
Bellamy. Alex J. and Paul Williams, `The new politics of protection? Côte d’Ivoire, Libya and the responsibility to protect’ International Affairs 87 (2011), 825-850.
Blay, S. and Ryszard P., “The use of force and the force of law in Iraq”, Australian Law Journal, 77, 2003, pp. 283-289.
Byers, M., “Terrorism, the use of force and international law after 11 September”, International and Comparative Law Quarterly 51, 2002, pp. 401-414.
Byers, M. and Nolte G. (eds.), United States Hegemony and the Foundations of International Law, CUP, 2003, chapters by Brad Roth and Marcelo Cohen
Caplan, R. “International diplomacy and the crisis in Kosovo”, International Affairs, 74 (4), 1998, pp. 745-761.
Cassese, A. (ed.), The Current legal regulation of the use of force, Dordrecht M. Nijhoff, 1986.
Charlesworth, H., “International law: A discipline of crisis”, Modern Law Review, 65, 2002, pp. 377-392.
Charlesworth, H., “Is International Law Relevant to the War in Iraq and its Aftermath?” Telstra Address, National Press Club, Canberra, 29 October, 2003.
Chesterman, S., Just War or Just Peace? Humanitarian Intervention and International Law, Oxford, OUP, 2001.
Cox, M., “September 11 and US hegemony – or will the 21st century be American too?” International Studies Perspectives, 3 (1), 2002, pp. 53-69.
Dinstein, War, Aggression and Self-Defence.5th ed. Cambridge, Cambridge University Press, 2011.
Doebbler, Curtis. `The Use of Force Against Libya: Another Illegal Use of Force’. Available at .
Falk, R.A., The Costs of War: International Law, the UN and World Order after Iraq, New York, Routledge, 2008.
Garwood-Gowers, A. “China and the ??Responsibility to Protect’: The Implications of the Libyan Intervention” Asian Journal of International Law 2 (2012) 375-393.
Gray, C., International Law and the Use of Force, 3rd ed., Oxford, OUP, 2008.
Guicherd, C., “International law and the war in Kosovo”, Survival, 41 (2), Summer, 1999, pp. 19-34.
Hall, S., “NATO campaign was legal”, Human Rights Defender 8, September, 1999, pp. 26-28.
Hathaway, J., C., “America, defender of democratic legitimacy?” European Journal of International Law, 11 (1), 2005, pp. 121-134.
Heathcote, G. The Law on the Use of Force. A Feminist Analysis (Oxon: Routledge, 2011).
Hehir, A. “The Permanence of Inconsistency: Libya, the Security Council and the Responsibility to Protect” International Security 38:1 (2013) 137-159.
Hilpold, P., “Humanitarian intervention: is there a need for a legal reappraisal?”, European Journal of International Law, 12 (3), 2001, pp. 437-468.
Hurrell, A., “Legitimacy and the use of force: can the circle be squared?” Review of International Studies, 31, 2005, pp. 15-32.
Kennedy, D. Of War and Law. Princeton, Princeton UP, 2006.
Krisch, N., “International law in times of hegemony: unequal power and the shaping of the international legal order”, European Journal of International Law, 16 (3), 2005, pp. 369-408.
Lobel, J., “Benign hegemony? Kosovo and article 2 (4) of the UN Charter”, Chicago Journal of International Law, 1, 2000.
Mehrotra, O. N., “The Kosovo crisis: perception and problem”, Strategic Analysis, 22 (7), 1998, pp. 1083-1098.
Morales, W. Q., “US Intervention and the New World Order: lessons from Cold War and Post-Cold War cases”, Third World Quarterly, 15 (1), 1994, pp. 77-101.
Murphy, S. (ed.), “Terrorist Attacks on World Trade Centre and Pentagon”, American Journal of International Law, 96 (1), 2002, pp. 237-255.
Murphy, S. D., “Terrorism and the concept of “armed attack” in Article 51 of the UN Charter”, Harvard International Law Journal, 43 (1), winter, 2002, pp. 41-51 (et al in this issue).
Natarajan, U. `A Third World Approach to Debating the Legality of the Iraq War’, International Community Law Review 9 (2007), 405-426.
Ochoa-Ruiz, N. and Salamanca-Aguado, S., “Exploring the Limits of International Law relating to the Use of Force in Self-defence”, The European Journal of International Law, 16 (3), pp. 499–524.
O’Connell, M. E., “The UN, NATO and international law after Kosovo”, Human Rights Quarterly, 22 (1), 2000, pp. 57-89.
O’Connell, M.E. “The prohibition on the use of force for arms control: The case of Iran’s nuclear program” Penn. State Journal of Law and International Affairs 2 (2013) 315.
Orford, A., Reading Humanitarian Intervention: Human Rights and the Use of Force in International Law, Cambridge University Press, 2003.
Roberts, A., “Law and the use of force after Iraq”, Survival, 45 (2), 2003, pp. 31-56.
Scott, S.V., Billingsley, A.J. and Michaelsen, C., International Law and the Use of Force: A Documentary and Reference Guide, Praeger Security International, 2011.
Scott, S.V. and Olivia Ambler, `Does Legality Really Matter? Accounting for the Decline in US Foreign Policy Legitimacy following the 2003 Invasion of Iraq’ European Journal of International Relations 16:1 (2007), 67-87.
Shiner, P. and Williams, A. (ed), The Iraq War and International Law, Oxford, Hart, 2008.
Sterio, M. “Humanitarian Intervention Post-Syria: Legitimate and Legal?” Cleveland-Marshall Legal Studies Paper No. 14-262 (15 January 2014).
Tsagourias, N., “Humanitarian intervention after Kosovo and legal discourse: self-deception or self-consciousness?” Leiden Journal of International Law, 13, 2000, pp. 11-32.
Vagts, D. F., “Hegemonic international law”, American Journal of International Law, 95 (4), October, 2001, pp. 843-848.
VanLandingham, R. “Politics or Law? The Dual Nature of the Responsibility to Protect” Denver Journal of International Law and Policy 41 (1), 2012-13, 63-85.
White, Nigel D. `Libya and Lessons from Iraq: International Law and the Use of Force by the United Kingdom’ Netherlands Yearbook of International Law 42, 2012, 215-229.
Williams, Paul D. and Alex J. Bellamy, `Principles, politics, and Prudence: Libya, the responsibility to protect, and the use of military force’ Global Governance 18:3 (2012) 273-298.
Williams, Paul R. et al. “Preventing Mass Atrocity Crimes: The Responsibility to Protect and the Syria Crisis’ Case Western Reserve Journal of International Law 45 (2012)
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