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For a long time the subject of threats of force between states as a distinct field of study was surprisingly neglected both by international lawyers and, even, by international relations scholars. From the legal side Romana Sadurska’s 1988 article, ‘Threats of Force’, is one of the few items devoted to the issue, and its argument that there is a significant legal difference between a use and a threat of force under article 2(4) of the United Nations Charter was not widely accepted. In the Nuclear Weapons Opinion (1996) the International Court of Justice glossed over any possible distinctions between use and threat – despite their importance for the theory. | STUDIES NTlIWOKAl AAO CCMMRATM uw The Threat of Force in International Law Nikolas StOrchler www.cambridge.org 9780521873888 Cambridge This page intentionally left blank THE THREAT OF FORCE IN INTERNATIONAL LAW Threats of force are a common feature of international politics advocated 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 first comprehensive appraisal of the no-threat principle its origin underlying rationale theoretical implications relevant jurisprudence and how it has withstood 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 Sturchler is a senior research fellow at the World Trade Institute and a visiting lecturer in international and constitutional law at the University of .
