THE JUS AD BELLUM'S REGULATORY FORM

• 成果类型: Article
• 署名作者: Hakimi, Monica
• 署名单位: University of Michigan System; University of Michigan
• 刊物名称: AMERICAN JOURNAL OF INTERNATIONAL LAW
• ISSN/ISSBN: 0002-9300
• DOI: 10.1017/ajil.2018.23
• 发表日期: 2018
• 页码: 151-190
• 关键词: military-intervention; SECURITY COUNCIL; LEGALITY; invitation; NECESSITY; LAW

摘要

This article argues that a form of legal regulation is embodied in decisions at the UN Security Council that condone but do not formally authorize specific military operations. Such decisions sometimes inflect or go beyond what the jus ad bellum permits through its general standards-that is, under the prohibition of cross-border force and small handful of exceptions. Recognizing that this form of regulation is both part of the law and different in kind from regulation through the general standards should change how we think about the jus ad bellum.