Recourse to Force
State Action against Threats and Armed Attacks
By (author) Thomas M. Franck
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Recourse to Force by Thomas M. Franck
Book DescriptionThe nations that drafted the UN Charter in 1945 clearly were more concerned about peace than about justice. As a result, the Charter prohibits all use of force by states except in the event of an armed attack or when authorised by the Security Council. This arrangement has only very imperfectly withstood the test of time and changing world conditions. In requiring states not to use force in self-defence until after they had become the object of an actual armed attack, the Charter failed to address a growing phenomenon of clandestine subversion and of instantaneous nuclear threats. Fortunately although the Charter is very hard to amend, the drafters did agree that it should be interpreted flexibly by the United Nations' principal political institutions. In this way the norms governing use of force in international affairs have been adapted to meet changing circumstances and new challenges. The book also relates these changes in law and practice to changing public values pertaining to the balance between maintaining peace and promoting justice.
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Book DetailsISBN: 9780521820134
(228mm x 152mm x 16mm)
Imprint: Cambridge University Press
Publisher: Cambridge University Press
Publish Date: 24-Oct-2002
Country of Publication: United Kingdom
Books By Author Thomas M. Franck
Recourse to Force, Paperback (March 2009)
The book relates changes in law and practice regarding the UN Charter of 1945 to changing public values.
Empowered Self, Paperback (April 2001)
Examining gradual emancipation of the individual in national and international law, and changing attitudes towards personal choice in constituting identity, this text shows that this desire of persons for choice is not limited to Western industrial society.
Fairness in International Law and Institutions, Paperback (January 1998)» View all books by Thomas M. Franck
This work provides a vision for the development of international law and institutions and ends with a challenge to both scholars and practitioners to take up the issue of fairness in the law actively.
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Author Biography - Thomas M. Franck
Murray and Ida Becker Professor of Law, New York University School of Law Wolfgang Friedmann Memorial Award 1999
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