Work

The Controversies Over the Customary Prohibition on the Use of Force: A Methodological Debate

Year: 2005

Type: article

Abstract: Controversies about the rule prohibiting the use of force have mainly focused on issues such as the conditions for self-defence or the existence of a right to humanitarian intervention. Beyond the question of the validity or relevance of each substantial argument, a comprehensive analysis of the doctrine reveals that the debate is actually more about methodology than substance. Hence, those who stand for an enlarged conception of the right to self-defence or who support a right of humanitarian intervention tend to adopt a particularly loose method in defining the content of the customary rule.

Source: European Journal of International Law

DOI: 10.1093/ejil/chi147

Author: Olivier Corten

Institution: Université Libre de Bruxelles

Language: English

Topic: International Law and Human Rights

Subfield: Political Science and International Relations

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: bronze

OpenAlex ID: W1984173371