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The Regulation of International Coercion: Legal Authorities and Political Constraints

James P. Terry

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Description:The most significant discourse about serious threats to U.S. national security in the twenty-first century will likely concern the military capabilities and intentions of nonstate actors, acting either for themselves, for religious elites, or as surrogates for state sponsors. This preoccupation results not from any inordinate fear of “terrorism” but from a recognition of objective military and political realities. While prior to 1991 only the Soviet Union possessed the capacity to inflict catastrophic military destruction on the United States, today that threat is vested in terrorist cells and religious sects that seek to destroy the fabric of the United States through unconventional military and paramilitary means. The terrorist attacks of 11 September 2001 bear this out.During the Cold War, the major threat to the United States was clearly the fear of miscalculation by the Soviets. Today, that threat has been recharacterized in terms of deliberate aggression against the United States by nontraditional actors willing to take suicidal risks to inflict premeditated, brutal savagery on innocent civilians in a manner designed to force not so much regime change directly as policy changes that affect regime change.Commitment to national security is only as valid as the policies and plans, military, economic, and political, that shape the areas and people from which these threats originate.The problem always has been to determine which policies, and how applied, make the greatest contribution to countering the threat—a threat now represented by social and religious systems that foster or at least condone aggressive response to differing religious and social values. This has never been more true than in Afghanistan and in Iraq. Security, then, means more than simply protecting the land on which we live; it embraces a comprehensive understanding of the appropriate response to human aspirations for improved conditions of life, for equality of opportunity, and for justice and freedom. Where these interests are thwarted for peoples or groups within a particular state or region by armed protagonists representing narrow, restrictive interests, our response must be one measured by the effective institutionalization of order.This monograph first examines the relationship between law and the use of force, to include a review of the principles of legal justification, the legal criteria for self-defense, and the policy of deterrence followed by the United States. It then examines the characteristic differences between the interpretive approaches taken by national and nonnational entities in their respective claims and counterclaims during international crises.Chapter 2, which concludes Part I, is focused on the historical aspects of the minimum world order system, which today comprises the prohibition against the use of force by one state against another embodied in Article 2, paragraph 4, of the United Nations Charter, with the exception inherent in customary international law and in Article 51 of the Charter that every state is authorized to use force in self-defense. A review of the pre-Charter system focuses on the development of the nation-state and the threads of international law development leading to multilateral agreements vice solely bilateral accords. The period following World War I, with the emergence of the League of Nations, is examined for its significance as an important source of the Charter of the United Nations. The structuring of the Charter is then addressed in terms of the concept of aggression and lawful response to aggression. Chapter 2 concludes with a review of the law of self-defense as defined first under customary international law and then under the UN Charter.Part II addresses lesser conflicts. Chapter 3 addresses instances where intervention is authorized in defense of humanitarian values defined in the UN Charter. The recent humanitarian interventions in the Congo and in Kosovo provide examples of authorized humanitarian initiatives. Chapter 4 examines the American intervention in Panama in 1989 as we intervened both to protect our interests under the Panama Canal Treaty and to ensure the safety of U.S. nationals present in Panama pursuant to that agreement. Chapter 5 reviews those conflicts in which terrorist violence by individuals, groups of individuals, and state-supported terrorist elements create a right to respond through military force by the target state. The attacks by Iranian militants in 1979 and by al-Qa‘ida in 2001 spearhead the discussion of lawful response to terrorist violence.Chapter 5 argues that an effective counterterrorism strategy must ensure that enforcement measures are not legally constrained and that people responsible for terrorist acts are consistently held accountable by regional and international organizations. This expanding body of international law, when coupled with increasingly effective national legislation, appears to be ...We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with The Regulation of International Coercion: Legal Authorities and Political Constraints. To get started finding The Regulation of International Coercion: Legal Authorities and Political Constraints, you are right to find our website which has a comprehensive collection of manuals listed.
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Description: The most significant discourse about serious threats to U.S. national security in the twenty-first century will likely concern the military capabilities and intentions of nonstate actors, acting either for themselves, for religious elites, or as surrogates for state sponsors. This preoccupation results not from any inordinate fear of “terrorism” but from a recognition of objective military and political realities. While prior to 1991 only the Soviet Union possessed the capacity to inflict catastrophic military destruction on the United States, today that threat is vested in terrorist cells and religious sects that seek to destroy the fabric of the United States through unconventional military and paramilitary means. The terrorist attacks of 11 September 2001 bear this out.During the Cold War, the major threat to the United States was clearly the fear of miscalculation by the Soviets. Today, that threat has been recharacterized in terms of deliberate aggression against the United States by nontraditional actors willing to take suicidal risks to inflict premeditated, brutal savagery on innocent civilians in a manner designed to force not so much regime change directly as policy changes that affect regime change.Commitment to national security is only as valid as the policies and plans, military, economic, and political, that shape the areas and people from which these threats originate.The problem always has been to determine which policies, and how applied, make the greatest contribution to countering the threat—a threat now represented by social and religious systems that foster or at least condone aggressive response to differing religious and social values. This has never been more true than in Afghanistan and in Iraq. Security, then, means more than simply protecting the land on which we live; it embraces a comprehensive understanding of the appropriate response to human aspirations for improved conditions of life, for equality of opportunity, and for justice and freedom. Where these interests are thwarted for peoples or groups within a particular state or region by armed protagonists representing narrow, restrictive interests, our response must be one measured by the effective institutionalization of order.This monograph first examines the relationship between law and the use of force, to include a review of the principles of legal justification, the legal criteria for self-defense, and the policy of deterrence followed by the United States. It then examines the characteristic differences between the interpretive approaches taken by national and nonnational entities in their respective claims and counterclaims during international crises.Chapter 2, which concludes Part I, is focused on the historical aspects of the minimum world order system, which today comprises the prohibition against the use of force by one state against another embodied in Article 2, paragraph 4, of the United Nations Charter, with the exception inherent in customary international law and in Article 51 of the Charter that every state is authorized to use force in self-defense. A review of the pre-Charter system focuses on the development of the nation-state and the threads of international law development leading to multilateral agreements vice solely bilateral accords. The period following World War I, with the emergence of the League of Nations, is examined for its significance as an important source of the Charter of the United Nations. The structuring of the Charter is then addressed in terms of the concept of aggression and lawful response to aggression. Chapter 2 concludes with a review of the law of self-defense as defined first under customary international law and then under the UN Charter.Part II addresses lesser conflicts. Chapter 3 addresses instances where intervention is authorized in defense of humanitarian values defined in the UN Charter. The recent humanitarian interventions in the Congo and in Kosovo provide examples of authorized humanitarian initiatives. Chapter 4 examines the American intervention in Panama in 1989 as we intervened both to protect our interests under the Panama Canal Treaty and to ensure the safety of U.S. nationals present in Panama pursuant to that agreement. Chapter 5 reviews those conflicts in which terrorist violence by individuals, groups of individuals, and state-supported terrorist elements create a right to respond through military force by the target state. The attacks by Iranian militants in 1979 and by al-Qa‘ida in 2001 spearhead the discussion of lawful response to terrorist violence.Chapter 5 argues that an effective counterterrorism strategy must ensure that enforcement measures are not legally constrained and that people responsible for terrorist acts are consistently held accountable by regional and international organizations. This expanding body of international law, when coupled with increasingly effective national legislation, appears to be ...We have made it easy for you to find a PDF Ebooks without any digging. And by having access to our ebooks online or by storing it on your computer, you have convenient answers with The Regulation of International Coercion: Legal Authorities and Political Constraints. To get started finding The Regulation of International Coercion: Legal Authorities and Political Constraints, you are right to find our website which has a comprehensive collection of manuals listed.
Our library is the biggest of these that have literally hundreds of thousands of different products represented.

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