NİŞANTAŞI ÜNİVERSİTESİ

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NİŞANTAŞI ÜNİVERSİTESİ INTERNATIONAL LAW COURSE INFORMATION AND SYLLABUS NİŞANTAŞI ÜNİVERSİTESİ © İktisadi, İdari ve Sosyal Bilimler Fakültesi iisbf.nisantasi.edu.tr

Chapter 19: Use of Force A PERSPECTIVE ON THE USE OF FORCE IN THE CONTEMPORARY WORLD A Note on Lawfare and Warfare THE CLASSIC DEFINITION OF WAR PRE-CHARTER ATTEMPTS TO REGULATE THE USE OF FORCE Hague Conferences of 1899 and 1907 The Interwar Period Kellogg-Briand Pact (Pact of Paris, 1928)

TERRORISM AND SELF DEFENCE THE UNITED NATIONS Collective Security and the Security Council Defining the Scope of Self Defence Aggression: Another Controversy Over Definitions From “War” to “Armed Conflict” TERRORISM AND SELF DEFENCE Terrorism and Preemptive Self Defence Kenya and Tanzania Afghanistan Invasion of Afghanistan UN Forces United Nations Command: South Korea The Iraqi Invasion of Kuwait (1991)

THE UNITED STATES, THE UNITED NATIONS, AND IRAQ (2003) UN PEACEKEEPING Peacekeeping and Peace Enforcement Suez 1956: UNEF I The Congo Post Congo to the Present THE UNITED STATES, THE UNITED NATIONS, AND IRAQ (2003) POSTCOLONIAL, IMPERIAL CONTINUATION, AND/OR BORDER WARS THE RESPONSIBILITY TO PROTECT AND HUMANITARIAN INTERVENTION Kosovo

Sources Gerhard von Glahn &James Larry Taulbee, Law Among Nations: An Introduction to Public International Law, 11th Edition/Kindle Version (Routledge: New York, 2017). Chapter 19: Use of Force

Suggested Readings Arend, A., “International Law and the Preemptive Use of Military Force,” 26 Washington Quarterly 89 (2003). Bzsostek, R., Why Not Preempt? Security, Law Norms, and Anticipatory Military Activity (Routledge, 2016). Chesterman, S., Just War or Just Peace? Humanitarian Intervention and International Law (Oxford, 2001). Dinstein, Y., War, Aggression and Self-Defense, 5th ed. (Cambridge, 2011). Gardam, J., Necessity, Proportionality and the Use of Force by States (Cambridge, 2011). Jennings, R. Y., “The Caroline and McLeod Cases,” 32 AJIL 82 (1938). Luck, A., et al., “Stayin’ Alive: The Rumors of the UN’s Death Have Been Greatly Exaggerated,” 82 Foreign Affairs (2003). May, L., Aggression and Crimes Against Peace (2008). McDougal, M., and Feliciano, F., Law and Minimum World Public Order: Legal Regulation and International Coercion (Yale, 1961). Orford, A., International Authority and the Responsibility to Protect (Cambridge, 2011). Reisman, W. M., “Editorial Comment: Assessing Claims to Revise the Laws of War,” 97 AJIL 82 (2003). Taulbee, J. L., “Governing the Use of Force: Does the Charter Matter Anymore,” 4 Civil Wars 2 (2001), 1– 58. Taulbee J. L., and Anderson, J., “Reprisal Redux” 16 Case Western Reserve Journal of International Law 309 (1984). Tucker, R. W., (Comment), “Reprisals and Self-Defense: The Customary Law,” 66 AJIL 586 (1972).