作者:Falk, Richard
作者单位:University of California System; University of California Santa Barbara
作者:Gray, Christine
作者单位:University of Cambridge
作者:Hakimi, Monica
作者单位:University of Michigan System; University of Michigan
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 stand...
作者:Heller, Kevin Jon
作者单位:University of Amsterdam; University of London; University of London School Oriental & African Studies (SOAS)
摘要:Although the United States has relied on the ICJ's doctrine of specially-affected states to claim that it and other powerful states in the Global North play a privileged role in the formation of customary international law, the doctrine itself has never been systematically developed by the ICJ or by legal scholars. This article fills that lacuna by addressing two questions: (1) what makes a state specially affected?; and (2) what is the importance of a state qualifying as specially affected fo...