Document Type

Article

Publication Date

2018

DOI

https://doi.org/10.1017/ajil.2018.23

Abstract

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 standards should change how we think about the jus ad bellum.

Disciplines

International Law | Law

Comments

© 2018 The American Society of International Law. This article has been published in the American Journal of International Law and is free to view and download for private research and study only. Not for re-distribution or re-use.

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