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THE THREAT OF FORCE IN INTERNATIONAL LAW
Threats of force are mon feature of international politics, advo-
cated by some as an economical guarantee against the outbreak of war
and condemned by others as a recipe for war. Article 2(4) of the United
Nations Charter forbids states to use threats of force, yet the meaning of
the prohibition is unclear. This book provides the prehensive
appraisal of the no-threat principle: its origin, underlying rationale,
theoretical implications, relevant jurisprudence, and how it has with-
stood the test of time from 1945 to the present. Based on a systematic
evaluation of state and United Nations practices, the book identifies
what constitutes a threat of force and when its use is justified under the
United Nations Charter. In so doing, it relates the no-threat principle to
important concepts of the twentieth century, such as deterrence,
escalation, crisis management, and what has been aptly described as the
‘diplomacy of violence’.
Nikolas Stu¨ rchler is a senior research fellow at the World Trade
Institute, and a visiting lecturer in international and constitutional law
at the University of Basel.
CAMBRIDGE STUDIES IN INTERNATIONAL PARATIVE LAW
Established in 1946, this series produces high quality scholarship in the fields of
public and private international law parative law. Although these are
distinct legal sub-disciplines, developments since 1946 confirm their interrelation.
Comparative law is increasingly used as a tool in the making of law at national,
regional and international levels. Private international law is now often affected
by international conventions, and the issues faced by classical conflicts rules are
frequently dealt with by substantive harmonisation of law under international
auspices. Mixed international arbitrations, especially those involving state eco-
nomic activity, raise mixed questions of public and private international law,
while in many fi