Research Handbook on International Conflict and Security Law Jus ad Bellum, Jus in Bello and Jus post Bellum
Jus ad Bellum, Jus in Bello and Jus post Bellum
- Research Handbooks in International Law series
Edited by Nigel White and Christian Henderson
Chapter 1: Conflict prevention
The general purpose of this first chapter is to ascertain and outline the law of conflict prevention through peaceful means with a focus on the role of the United Nations Security Council (hereinafter ‘UNSC’). As such, it is a prelude to the bulk of this volume on the law applicable to armed conflict, albeit a very necessary one, because it is clear that it is better to prepare and prevent, than to repair and repent. Two overriding considerations dictate the scope of the inquiry. First, the study of conflict prevention could comprise various scholarly disciplines such as political science, economics and international law, but also anthropology and theology. Conflict prevention entails more than the enforcement of international law, as a legal rule may have yet to be broken, and sub-topics may vary from the root causes of conflicts to the effectiveness of shuttle diplomacy on the brink of conflict eruption.1 However, to an extent this chapter approaches conflict prevention in a manner that could be viewed as formalistic and legalistic, as the inquiry is conducted on the basis of public international law that provides relevant norms for, and allocates competences to, different actors. Secondly, conflict prevention is squarely placed within the context and institutions of the international collective security system. In doing so, it covers a few areas of the collective security system that are dealt with in far greater substance elsewhere in this volume, but which have a distinct preventive feature in them.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.