The aim of this thesis is to contribute to the understanding of the nature, status and determinants of international law in the aftermath of September 11 terrorist attacks upon the US. More specifically, I am interested in the variation of legal responses of the United Nations Security Council (UNSC) to policies of counter-terrorism adopted by states, which have been victims of attacks launched by non-state actors. What does this variation imply are the nature, status and determination of international law? Thus, meetings of the UNSC and statements delivered by representatives of five states that are the permanent members of this international body constitute the main empirical focus of my study. Although there admittedly are limitations to such an approach, the study will suggest that the UNSC can usefully be treated as a proxy of international society as understood by Hedley Bull in that regard. Although the reasons for undertaking military interventions in question were related to national security as well as the inherent right of self-defence, international society responded to these interventions in different ways. In relation to 1982 Israel’s invasion of Lebanon in order to fight the PLO, international society condemning Israeli actions did not recognise its right to self-defence. In 2006, however, when Israel launched a military operation on Lebanese territory in order to fight Hezbollah, the response of international society was the opposite, in that Israel’s right of self-defence was recognised. By looking at the subject from various International Relations theoretical perspectives my thesis analyses the possible reasons behind the decision of international society to treat these two Israeli operations in different way. In order to deliver coherent conclusions, further analyses of the 9/11 attacks and the response of international society towards the US-led invasion of Afghanistan constitute the second case study. This thesis contributes to the understanding of the status of international law through the lenses of different theoretical standpoints. A study of the interventions in question from the angle of international provision governing the use of force allows for a more in-depth and a comprehensive analysis of the role of international law in the contemporary world. It also enables a thorough scrutiny and critique of traditional IR perspectives and a greater appreciation of the comparative, explanatory merit of the English School theory of International Relations and Constructivism.
Balicka, A
Faculty of Humanities and Social SciencesSchool of Law
Year: 2013
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