The Best Defense?: Legitimacy and Preventative Force: Hoover Institution Press Publication, cartea 576
Autor Abraham D. Sofaeren Limba Engleză Hardback – 7 apr 2010
Drawing from the findings of the Stanford Task Force on Preventive Force, Abraham D. Sofaer offers a practical guide to identifying and considering the issues relevant to preventive uses of force, in the hope that such uses of force, if undertaken, will advance national and international security and the purposes of the United Nations Charter. The book examines such key questions as What are the dangers and limitations of relying on preventive force in dealing with security threats? When, if ever, would states be justified in using preventive force without U. N. Security Council approval? What standards and procedures could enhance the legitimacy of preventive force?
The Best Defense? Legitimacy and Preventive Force reveals that, although preventive uses of force in general pose even greater dangers and potentially adverse consequences than uses of force in self-defense, the costs of each type of error depend on the consequences of acting versus not acting in particular cases. No general rule is available to ensure foolproof decisions. It makes sense, the author concludes, to encourage states to undertake a systematic appraisal of the merits of any threat or use of preventive force based on legal standards, U.N. Charter purposes, and established norms of conduct.
The Best Defense? Legitimacy and Preventive Force reveals that, although preventive uses of force in general pose even greater dangers and potentially adverse consequences than uses of force in self-defense, the costs of each type of error depend on the consequences of acting versus not acting in particular cases. No general rule is available to ensure foolproof decisions. It makes sense, the author concludes, to encourage states to undertake a systematic appraisal of the merits of any threat or use of preventive force based on legal standards, U.N. Charter purposes, and established norms of conduct.
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Specificații
ISBN-13: 9780817910044
ISBN-10: 0817910042
Pagini: 118
Dimensiuni: 152 x 229 x 23 mm
Greutate: 0.45 kg
Ediția:1st Edition
Editura: Hoover Institution Press
Colecția Hoover Institution Press
Seria Hoover Institution Press Publication
ISBN-10: 0817910042
Pagini: 118
Dimensiuni: 152 x 229 x 23 mm
Greutate: 0.45 kg
Ediția:1st Edition
Editura: Hoover Institution Press
Colecția Hoover Institution Press
Seria Hoover Institution Press Publication
Notă biografică
Abraham D. Sofaer is the George P. Shultz Distinguished Scholar and a senior fellow at the Hoover Institution.
Cuprins
Foreword by George P. Shultz
Acknowledgments
chapter one
Introduction
chapter two
Defining Preventive Force
chapter three
Current Threats and Preventive Force
chapter four
Categories of Preventive Action
chapter five
Dangers and Limitations of Using Preventive Force
chapter six
International Law and Preventive Force
chapter seven
Legitimacy and Preventive Force
chapter eight
Conclusion
Notes
The Stanford Task Force on Preventive Force
Index
Acknowledgments
chapter one
Introduction
chapter two
Defining Preventive Force
chapter three
Current Threats and Preventive Force
chapter four
Categories of Preventive Action
chapter five
Dangers and Limitations of Using Preventive Force
chapter six
International Law and Preventive Force
chapter seven
Legitimacy and Preventive Force
chapter eight
Conclusion
Notes
The Stanford Task Force on Preventive Force
Index
Textul de pe ultima copertă
Preventing international threats is now the highest priority in providing security against terrorist attacks and other serious dangers. Domestic law enforcement has been reoriented to reflect this priority. Those measures, together with international cooperation, have enhanced protection and prevented attacks.
Not surprisingly, then, political leaders and national security experts have considered using preventive measures transnationally which, however, is far more controversial than using preventive force domestically. Since the U.N. Charter’s adoption international law has been shaped to restrict severely non consensual, transnational uses of force to those approved by the Security Council or those in response to attacks by hostile states. Nonetheless, national and international leaders and groups claim that greater flexibility is needed to deal effectively with current threats, including terrorism, proliferation of weapons of mass destruction, irresponsible regimes, and gross violations of human rights.
The Best Defense? Legitimacy and Preventive Force represents the work of a group of national security experts at Stanford University on issues relevant to whether increased reliance on preventive force is warranted and by what standards such reliance should be governed. The Stanford Task Force on Preventive Force, under former secretary of state George P. Shultz and director of the Freeman/Spogli Institute on International Affairs Coit D. Blacker, conducted several meetings and conferences, domestic and international, to obtain the views of political, academic, and military experts. The task force report examines the legal limits to be imposed on anticipatory uses of force and the dangers and potentially adverse consequences that an increased reliance on preventive force would pose. It collects and evaluates the many uses of force undertaken by states for preventive purposes since the charter’s adoption, despite the lack of legal authority for such actions. It concludes that states seem likely to continue to use preventive force in these situations, without Security Council approval, as long as the council remains unwilling or unable to act and that international reaction to these preventive actions will continue to vary based, not on their formal illegality but on circumstances in each case that reflect each action’s necessity and consistency with the U.N. charter. The report concludes that states and national-security practitioners should, apart from considering the legality of preventive actions, weigh the legitimacy of such actions by applying standards and following procedures that are likely to enhance the legitimacy, and thus the efficacy, of such uses of force.
Not surprisingly, then, political leaders and national security experts have considered using preventive measures transnationally which, however, is far more controversial than using preventive force domestically. Since the U.N. Charter’s adoption international law has been shaped to restrict severely non consensual, transnational uses of force to those approved by the Security Council or those in response to attacks by hostile states. Nonetheless, national and international leaders and groups claim that greater flexibility is needed to deal effectively with current threats, including terrorism, proliferation of weapons of mass destruction, irresponsible regimes, and gross violations of human rights.
The Best Defense? Legitimacy and Preventive Force represents the work of a group of national security experts at Stanford University on issues relevant to whether increased reliance on preventive force is warranted and by what standards such reliance should be governed. The Stanford Task Force on Preventive Force, under former secretary of state George P. Shultz and director of the Freeman/Spogli Institute on International Affairs Coit D. Blacker, conducted several meetings and conferences, domestic and international, to obtain the views of political, academic, and military experts. The task force report examines the legal limits to be imposed on anticipatory uses of force and the dangers and potentially adverse consequences that an increased reliance on preventive force would pose. It collects and evaluates the many uses of force undertaken by states for preventive purposes since the charter’s adoption, despite the lack of legal authority for such actions. It concludes that states seem likely to continue to use preventive force in these situations, without Security Council approval, as long as the council remains unwilling or unable to act and that international reaction to these preventive actions will continue to vary based, not on their formal illegality but on circumstances in each case that reflect each action’s necessity and consistency with the U.N. charter. The report concludes that states and national-security practitioners should, apart from considering the legality of preventive actions, weigh the legitimacy of such actions by applying standards and following procedures that are likely to enhance the legitimacy, and thus the efficacy, of such uses of force.
Descriere
A practical guide to identifying and considering the issues relevant to uses of preventive force, in the hope that such uses of force, if undertaken, will advance national and international security and the purposes of the United Nations Charter.