AJIL Unbound

By: Mary Ellen O’Connell | September 04, 2014 | 10:00 AM EDT

I very much appreciate the seriousness with which Tom Ruys read my comments on his article. Rather than convince me that his thesis about Article 2(4) is correct, however, his reply provides further support for the opposing view. Minor force is excluded from Article 2(4) but regulated under other legal principles. Here are some examples:

  • He accepts that there are many cases where states and courts have treated low level uses of force as regulated under rules other than Article 2(4). He also argues, and I agree, that some cases are unclear as to whether they support an...
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By: Tom Ruys | September 03, 2014 | 09:30 AM EDT

Of Trojan Horses and Pandora’s Boxes

In her comment on my piece in the latest issue of the American Journal of International Law (The Meaning of “Force” and the Boundaries of the Jus ad Bellum: Are “Minimal” Uses of Force Excluded from UN Charter Article 2(4)?), Mary Ellen O’Connell expresses strong objections to the piece’s central thesis, notably that small-scale or...

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By: David Zaring | August 05, 2014 | 09:30 AM EDT

The globalization of administration is the most interesting thing happening in both administrative and international law. Richard Stewart’s article in the April 2014 issue of the American Journal of International Law is a brilliant tour of the horizon of the problems and prospects of this sort of lawmaking. It reflects the work he has done, along with Benedict Kingsbury, as a member of the Global Administrative Law (GAL) Project, housed...

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By: Mary Ellen O’Connell | August 04, 2014 | 10:00 AM EDT

Tom Ruys’s article in the latest issue of the American Journal of International Law is an erudite study of the prohibition on the use of force in UN Charter Article 2(4). Ruys makes many points with which I wholeheartedly agree. In note 241, he says that the case for cross-border drone attacks by the United States “verges on stretching criteria for necessity, proportionality, and armed attack to the point of absurdity . . . .” He is also right to reject emerging claims that the...

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