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The Paradox of the Prohibition of the Use of Force in Contemporary International Law—Some Elementary Remarks

  • 2019
  • OriginalPaper
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Abstract

International relations have gone from a system regulated by the lawful resort to armed force to one theoretically prohibiting the use of force, but, without establishing a credible alternative. To lower the conditions under which the use of armed force remains lawful would open the door to every kind of abuse by resurrecting the old demons of “just war”, but to reject categorically such use also deprives the international society of effective means to prevent or end humanitarian disasters. This dilemma cannot be resolved through positive law which, as it stands, is certainly inclined to strictly maintain the principle of the prohibition of the use of force—interpreted reasonably.
With sincere thanks to Tessa Barsac, consultant in international law, for her most precious assistance in preparing the present paper.

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Title
The Paradox of the Prohibition of the Use of Force in Contemporary International Law—Some Elementary Remarks
Author
Alain Pellet
Copyright Year
2019
Publisher
Springer International Publishing
DOI
https://doi.org/10.1007/978-3-030-10746-8_23
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