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This book argues that lawyers must often rely on contestable ethical and strategic intuitions when dealing with legal and factual uncertainties in 'hard cases' of resort to force. This area of international law relies on multiple tests which can be interpreted in different ways, do not yield binary 'yes/no' answers, and together define 'paradigms' of lawful and unlawful force. Controversial cases of force differ from these paradigms, requiring lawyers to assess complex, incomplete factual evidence, and to forecast the immediate and long-term consequences of using and not using force. Legal rules cannot resolve such uncertainties; instead, techniques from legal risk management, strategic intelligence assessment and political forecasting may help. This study develops these arguments using the philosophy of knowledge, socio-legal, politico-strategic and ethical theory, structured interviews and a survey with 31 UK-based international lawyers, and systematic analysis of key International Court of Justice cases and scholarly assessments of US-led interventions.
An exploration into how uncertainty and political and ethical biases affect international law governing the use of force.
‘On Power: Neurophilosophical Foundations and Policy Implications’ seeks to provide a historical, contemporary and predictive analysis of power. It aims to explain the history of political power in a unique way by approaching the concept of power through the lens of neurophilosophy – the application of neuroscientific principles to practical questions of governance, ethics, political and moral philosophy. In this book, Professor Nayef Al-Rodhan provides an accessible, incisive, and provocative take on the history, nature, and future of power. His insights go beyond conventional wisdom by exploring some of the themes that will become increasingly relevant to analysing power in the decad...
This book examines how changes to social rules reshape how states explain their military actions, and changes to technology and society transform contemporary warfare.
Includes entries for maps and atlases.
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This volume provides an authoritative, cutting-edge resource on the characteristics of both technological and social change in warfare in the twenty-first century, and the challenges such change presents to international law. The character of contemporary warfare has recently undergone significant transformation in several important respects: the nature of the actors, the changing technological capabilities available to them, and the sites and spaces in which war is fought. These changes have augmented the phenomenon of non-obvious warfare, making understanding warfare one of the key challenges. Such developments have been accompanied by significant flux and uncertainty in the international ...
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