This chapter examines the role of international law in preventing war and armed conflict. It begins by discussing three approaches to war and peace: the realist approach, the managerial approach, and the utopian visionary approach. It then considers some of the features of the United Nations system that were drawn from the League of Nations experience, including enforcement, dispute resolution, rule of law, prohibition of the use of force, and self-defence. The chapter also analyses how the UN Security Council deals with armed attacks undertaken by non-state actors, such as acts of terrorism. Finally, it outlines new challenges to the law on the use of force, particularly the new potential for armed conflict following the end of the Cold War, the issue of humanitarian intervention, and claims to enforcement of global community values.
This article studies the international law relating to foreign investment. The regulation of relations between states and foreign investors may be said to have begun with the development, by the major powers, of international norms relating to the treatment of aliens and their property, including expropriation, in the first half of the twentieth century. This article delves into the details of the policy environment within which contemporary norms are evolving. This is done, first, by considering the principal actors in the foreign direct investment process and their policy priorities. Secondly, the current ideological background to international foreign investment law is more closely examined. Thirdly, the more technical aspects of international investment law are analysed from a policy perspective. Three main issue areas arise here: influence of policy factors on the sources of international investment law; the types of substantive standards that will evolve; and how the standards are to be enforced.
This chapter examines the debates concerning pro-democratic intervention and its implications for the use of force in international relations. It begins by looking at the disagreement over the nature of governmental legitimacy before turning to the legal bases of pro-democratic intervention such as UN Security Council-authorized interventions and interventions by contemporaneous invitation of sitting or recently ousted officials. Interventions by regional organizations and interventions combining two or more of these forms are also discussed. In addition, the chapter considers consent, either by an ousted government or through the use of treaties by regional and sub-regional organizations to authorize military intervention in advance under specified circumstances. Finally, it analyses post-Charter treaties of guarantee and pro-democratic intervention pacts in Africa.