Ian Brownlie

in International Law and the Use of Force by States

Published in print March 1963 | ISBN: 9780198251583
Published online March 2012 | e-ISBN: 9780191681332 | DOI:

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This chapter emphasizes the major characteristics of the existing legal régime and attempts an evaluation of the régime. The outstanding feature of the last half a century is the decisive change from a legal régime of indifference to the occasion for war, in which it was regarded primarily as a duel, a means of settling a private difference, to a legal régime which has placed substantial limitations on the competence of states to resort to force. Two important characteristics of the existing law must be noted apart from the prominently legal contexts of criminal and delictual responsibility and the function of United Nations organs. A statement of the existing law based upon the practice of states in the more recent period of international relations, and in particular since the signing of the Kellogg-Briand Pact in 1928, is then given.

Keywords: legal regime; war; United Nations; criminal responsibility; delictual responsibility

Chapter.  5882 words. 

Subjects: Public International Law

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