| ID | 106961 |
| Title Proper | Politics of self-defence |
| Other Title Information | beyond a legal understanding of international norms |
| Language | ENG |
| Author | Peter, Mateja |
| Publication | 2011. |
| Summary / Abstract (Note) | This contribution considers an alternative approach to the research on the use of force, a field that has been largely dominated by international legal scholars. I argue for application of an evolutionary approach to international (legal) norms, one that complements current legal approaches and moves the discussion of norms beyond their dichotomous legal/illegal understanding. This kind of research highlights the role of politics in international law and allows us to determine factors influencing dissemination of international norms. Through a study of seven post-Second World War cases, I trace the development of both narrow and expanded notion of preemptive self-defence and conclude that while ascertaining legality of specific actions is vital for understanding established international law, one cannot talk about radical breaks in development of the law on the use of force. The expanded concept is in fact a product of the evolution of (societal) norms on self-defence and an accumulation of previous successful challenges in metanorms on the use of force. |
| `In' analytical Note | Cambridge Review of International Affairs Vol. 24, No. 2; Jun 2011: p245-264 |
| Journal Source | Cambridge Review of International Affairs Vol. 24, No. 2; Jun 2011: p245-264 |
| Key Words | Self Defence ; Defence ; UN Security Council ; UNSC ; World War II ; Afghanistan ; Sudan ; Terrorism |