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Actor-pluralism, the ‘turn to responsibility’ and the jus ad bellum: ‘Unwilling or unable’ in context

Trapp, KN; (2015) Actor-pluralism, the ‘turn to responsibility’ and the jus ad bellum: ‘Unwilling or unable’ in context. Journal on the Use of Force and International Law , 2 (2) pp. 199-222. 10.1080/20531702.2015.1090218. Green open access

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Abstract

With the increasing (although by no means uniquely modern) phenomenon of un-attributable NSA cross-border violence, a purely inter-state-rights based approach to Article 51 of the UN Charter is not (if ever indeed it was) sustainable. The jus ad bellum does, and should, reflect broader shifts in general international law. This article argues that (i) the ever increasing but nevertheless long-standing diversity of actors in modern international law is accommodated within a pluralistic conception of the UN Charter; (ii) the increasingly recognised shift in international law from ‘sovereignty as right’ to ‘sovereignty as responsibility’ is contextually relevant in interpreting the right to use force in self-defence; and that (iii) together, these broader shifts in general international law, as reflected in the jus ad bellum, support and inform the legal basis of a victim state’s right to use defensive force in a foreign host state’s territory in response to un-attributable armed attacks by NSAs, both via the ‘unwilling or unable’ doctrine.

Type: Article
Title: Actor-pluralism, the ‘turn to responsibility’ and the jus ad bellum: ‘Unwilling or unable’ in context
Location: UK
Open access status: An open access version is available from UCL Discovery
DOI: 10.1080/20531702.2015.1090218
Publisher version: http://dx.doi.org/10.1080/20531702.2015.1090218
Language: English
Additional information: This is an Accepted Manuscript of an article published by Taylor & Francis in Journal on the Use of Force and International Law on 08th October 2015, available online: http://www.tandfonline.com/10.1080/20531702.2015.1090218. Access may initially be restricted by the publisher.
Keywords: Self-defence, unwilling or unable, actor-pluralism, sovereignty as responsibility, non-state actors
UCL classification: UCL
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/1471335
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