Governing the Use-of-Force in International Relations: The by Aiden Warren, Ingvild Bode (auth.)

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By Aiden Warren, Ingvild Bode (auth.)

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Additional info for Governing the Use-of-Force in International Relations: The Post 9/11 US Challenge on International Law

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16 In essence, there are four distinctive forms of anticipatory counterproliferation action: preventive attack, preventive war, preemptive attack and preemptive war. While all forms aim to disrupt and impede an expected military threat, they are positioned at different stages of that perceived threat. As the aforementioned discussion illustrates, the core difference between prevention and preemption lies in the imminence of the perceived threat – the former looking to longer-term and less certain challenges while the latter is concerned with immediate and concrete military threats.

90 Indeed, aside from these minor changes, the rhetoric of the Charter remains the same as that drafted in San Francisco in 1945. The Charter regime, however, has not remained static but, to the contrary, has been modified through a process of what can be defined as evolving reinterpretation. In other words, through informal and continuing means UN institutions and members provide contextual significance to the terms and principles incorporated in the Charter’s text. Specifically, the General Assembly has expanded on Charter norms governing the use-of-force in several resolutions, in particular, the Declaration on Friendly Relations (1970), the Definition of Aggression (1974) and the Declaration on the Use-of-force (1987).

But if it is open to elucidation, then it is also open to change. The Charter is not a “written in stone” document but, rather, a dynamic regime. Indeed, the Charter regime must develop if it is to retain its importance in international relations. As Reisman articulates, once “expressed in relatively enduring textual form . . ”86 20 Governing the Use-of-Force in International Relations Law is almost always already outdated at the time of its writing. Therefore, a gap emerges between the text of the Charter and its sociopolitical context.

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