Use of force and legal reasoning: selectivity unbound?
In this post on the BLS Research blog Professor Alexander Orakhelashvili comments on contributions relating to the legal regime of the use of force
In this post on the BLS Research blog Professor Alexander Orakhelashvili comments on contributions relating to the legal regime of the use of force
In an earlier post about a year and a half ago (also containing most of the relevant references), I have discussed the relationship between legal reasoning about the use of force by States and the actual legality or rationality of such use of force, as well as political consequences generated by the manipulation of legal reasoning in the political interest. A further reflection on these issues is prompted owing to a relatively recent debate on Russia’s invasion of Ukraine, particularly in view of an editorial and the follow-up blogpost co-authored by professors Ingrid (Wuerth) Brunk and Monica Hakimi, co-editors in chief of the American Journal of International Law.