JUS AD BELLUM IN THE AGE OF WMD PROLIFERATION by ProQuest

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This article will discuss the normative question of what should be the character of the rules and institutions of international law covering international uses of force, in the age of proliferation of weapons of mass destruction (WMD) technologies. Using both international legal theory and international relations theory, it will argue specifically that international law regulating uses of force should be deformalized, and maintained not as legally binding rules, but as politically persuasive norms. This change in the character of rules in this area, it will be argued, would help to preserve the integrity of the rest of the formal corpus of international law, while accomplishing virtually the same results in influencing state behavior and in normativizing international relations in this area, as do the current formal rules of the jus ad bellum. It is hoped that international lawyers will have the intellectual integrity not to be bound to the status quo simply for its own sake to enable it to better fulfill its important role in international relations.

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