The Law against War or Jus contra Bellum: A New Terminology for a Conservative View on the Use of Force?
(2011) Leiden Journal of International Law — Vol. 24, n° 3, p. 747-788 (2011)
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- Inter-state use of force has always attracted much attention from international legal scholars. Many articles have been written on the subject. However, there are still a limited number of books addressing all the aspects of the contemporary prohibition on the use of force in a systematic way. Those written by Yoram Dinstein, Christine Gray, and Thomas Franck are certainly the best known in the English-speaking literature. This literature is now enriched following the publication of a new book entitled "The Law Against War" by Olivier Corten. It is a translated and updated version of a book published in French and entitled "Le droit contre la guerre". This paper seeks to provide a critical overview of Corten’s main arguments. Although purposely descriptive as well as critical, the following developments will both offer some support for the author’s approach and voice some reservations on particular issues, mainly with respect to the law of self-defense. This review essay also aims at weighting Corten’s position on inter-state use of force in the light of the various concurrent doctrinal opinions held in that matter.
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Van Steenberghe, R. (2011). The Law against War or Jus contra Bellum: A New Terminology for a Conservative View on the Use of Force? Leiden Journal of International Law, 24(3), 747-788. https://hdl.handle.net/2078.5/159362 (Original work published 2011)