The American Strategy of Preemptive War and International Law

The Issue of preemptive war and the protection of States against the dangers and threats they face is a process that facilitates rectifying things and carrying out defensive operations that gave rise, in turn, to the legal capacity through repeating and stating them in the international agreements. Self-defense in international law is very similar to the right of defense in the national laws of states which consider the individual’s protection and survival as having the priority over the violator or the enemy. In order tackle all the aspects of the topic, the researchers have tried to divide the study into two main sections. The first section is about the definition of preemptive wars and the scholars’ opinions through two subsections: the first gives the definition of pre-emptive war, and the second tackles the requirements and the motivations of the preemptive war. While the second section which falls in two subsections is related to the role of the international organizations in defining these wars and their mechanisms. The first subsection is about the role of the League of Nations, and the .second is about the role of the United Nations in such wars

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The figures of (a)symmetry: 'Pirates' and the world as a closed commercial state

Theoria Beograd ◽

10.2298/theo1004005b ◽

2010 ◽

Vol 53 (4) ◽

pp. 5-14

Author(s):

Petar Bojanic

Keyword(s):

International Law ◽

League Of Nations ◽

World Government ◽

The World ◽

Preemptive War

My intention is not to simply evoke Schmitt's critique of Kant's ideas concerning preemptive war and the unjust enemy - as we all know, these ideas were not Kant's nor is their critique original; after all, both Kant and Schmitt are simply brilliant compilers in international law - rather, I want to preliminarily demonstrate that every project concerning the constitution of an empire, league of nations or world government (or world governance) implies a paradoxical existence of an ambiguous 'exterior' (outside, without). It seems that the existence (or nonexistence) of something 'outside' of the world or 'outside' of borderless sovereignty, is a precondition for any theory of empire. .

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