Talk:Public International Law/Use of Force

Review: 28 May 2023
Dear Marko,

I agree with everything my co-editors have said (except for the fact that I think the intro to the UNSC and its veto power can be done with a link to the chapter on IOs) and would like to point you towards one more source for inspiration regarding current debates: This blog symposium convened by Ntina Tzouvala for the NUS CIL blog goes into the debates on the comparability of Ukraine and Iraq and what the prohibition of the use of force and breaches thereof mean for the international order. In this context, it may also make sense to refer to Robert Knox's text on International Law, Politics, and Opposition to the Iraq War. Thank you for contributing this important chapter.

With best wishes,

Sué

Sué González Hauck (discuss • contribs) 22:40, 27 May 2023 (UTC)

Review: May 23, 2023
Dear Marko,

Thanks for this chapter! Because this is such an important chapter, I can imagine that it was a challenge to keep it within the wordcount. However, right now I think right now some things should be elaborated a little bit more (see my comments in the text).

- Framing of the chapter: for me, in the introduction the cornerstone nature of the prohibition should be stressed a bit more. The idea that Modern international law builds on the idea that disputes should be resolved through law, not war; the corollary principle of peaceful resolution of disputes; the ius cogens nature of the prohibition; the parallel customary rule. - The fact that the UN Chapter put in place an encompassing prohibition backed by a system of collective security in my opinion should be mentioned earlier as well. - Reference to some of the broader debates, especially in light of the ongoing war in Ukraine: “Who killed Article 2(4)?” (Thomas Franck, 1970); Debates about the erosion of the prohibition in light of instances of violation - What is a prohibited use of force? Several questions there deserve more discussion, also in light of new threats in cyber domain etc. (See my comments in text). Friendly Relations Declaration, Nicaragua judgment etc. - The legal effects of violations of the prohibition should be discussed somewhere (obligation ergo onmnes, nullity of treaties etc.) - Self-defence: The criteria should be made clearer in my opinion. I added a suggestion for a possible structure in the text - The UN system of collective security, Art. 39 and the cascade of possible measures - maybe discuss in a separate paragraph where you can properly introduce the concepts? - Maybe also briefly introduce the SC and its veto power etc.? - The part on regional organisations is interesting, but could potentially be a bit shorter (if need be).

Best, Raffaela --Raffaela Kunz (discuss • contribs) 13:12, 23 May 2023 (UTC)

Review: May 20, 2023
You will also find some comments in your chapter in which I elaborate on something more specifically. To view these comments, just open your chapter page and click on "Edit" in the top-right menu bar. This chapter on the use of force provides a vibrant introduction to the topic and effectively situates it within the realm of international law. It offers a comprehensive exploration of the historical development of Article 2(4) of the UN Charter, showcasing a clear understanding of its significance. Moreover, the chapter offers a systematic presentation of the exceptions to the prohibition on the use of force. By addressing the range of circumstances where the use of force may be legally justified, the chapter demonstrates a thorough and comprehensive treatment of the topic.

You will also find some comments in your chapter in which I elaborate on something more specifically. To view these comments, just open your chapter page and click on "Edit" in the top-right menu bar.

Some minor things:


 * There are some issues with the formatting of the footnotes, which are not always consistent with the OSCOLA citation style. To ensure the chapter is fully compliant with OSCOLA, you should review the formatting of the footnotes and make necessary corrections.
 * You could add some links to other chapters of the textbook.
 * Note that I have made some linguistic improvements to the text

--Max Milas (discuss • contribs) 20:09, 20 May 2023 (UTC)

Review (old)
Dear Fiskatoris and Marko, the outline is quite comprehensive and covers all aspects of the use of force, including its historical evolution as well as contemporary debates. I really approve of your choice to include the treatment of the use of force by the regional and sub-regional organisations. This would be quite interesting for the students. However, given the focus of this chapter, I wonder whether the discussions on non-coercive means will be useful here. I understand it might fall beyond the scope and limit of this chapter, and thus, make it too large. Best wishes, Imdad.

Thank you for your comments Imdad! Tax

Chapter Review:

Dear Tax and Marko, It seems like the chapter is progressing well. Looking forward to reading substantively developed parts soon. Best wishes!!!

Review 1 November
I particularly like the manner in which the chapter is structured. I consider that it covers a wide range of topics and that it addresses the main concepts that need to be understood when studying the use of force. However, maybe at certain points the chapter is overly-structured. For example, I am looking at the D.II.3.b. Section D.II.3.b is entitled "Individual and Collective Self-Defence" and, the, two further sub-sections are included, entitled Individual Self Defence and Collective Self Defence. I would say that, as long the sub-sections are not substantial, maybe it would be useful to delete sections i and ii and to write under the heading of "Individual and Collective Self-Defence". Perhaps it would also be interesting to see something written about the concept of "democratic intervention" after addressing humanitarian intervention. perhaps it would be useful to add an Introduction to all the subchapters or to delete the introductions of the subchapters that have it. For example, Chapter C.III. has an introduction, while Chapter C.IV. does not have an Introduction. Of course, if there are arguments to support this difference, please ignore my comments. Section CII.2 might be moved in lieu of C.II.1. I don't know what will be written under the section entitled "International Relations", so if I am wrong please ignore my comment. I would see the section entitled "international relations" as a historical perspective of the international relations that led to the draft of the UN Charter. Maybe this section could be moved at the top of C.II, provided that it does not interfere with other historical chapters/sections of the book.

November 9 Review (Tamsin Paige)
I like the structure of this chapter and the way in which it provides a clear and coherent overview of the the various use of force regimes in international law. I think that the heading for Article 39 of the Charter (D.II.1.a.ii) could be more precise - namely there is no strict requirement for Article 39 action to be an "international" threat, even though this is the common implementation and interpretation by the P5 (happy to send you a pdf of my 2019 book on article 39 if that will be of use).