杏吧论坛

Dr Devika Hovell CKK 7.06

This course is available on the Executive Master of Laws (ELLM). This course is not available as an outside option.

Available to Executive LLM students only. This course will be offered on the Executive LLM during the four year degree period. The Law School will not offer all Executive LLM courses every year, although some of the more popular courses may be offered in each year, or more than once each year. Please note that whilst it is the Law School's intention to offer all Executive LLM courses, its ability to do so will depend on the availability of the staff member in question. For more information please refer to the Law School website.

Executive version of an existing taught masters course (LL4A8).

The use of force is prohibited in international law. This simple but fundamental legal principle can be obscured by a geo-political context littered with conflict and threatened conflict where the exceptions are more often seen as the rule. Relatedly, there can be a tendency to dismiss international law as a ‘marginal enterprise’ at moments of political crisis. Nevertheless, states continue to refer to legal justifications when they resort to force. The practice of states, even that forged in heated times of war and crisis, can harden into enduring legal principles unless debated, criticized and ultimately objected to in the aftermath. In this course, we consider the complex mix of law and politics at the heart of the legal regime for the use of force. We focus on the development and interpretation of the prohibition of the use of force and its two key exceptions, Security Council authorization and self-defence. We also look at other claimed or emerging exceptions, including humanitarian intervention, protection of nationals and self-determination. Finally, we consider the concept of ‘war as crime’ and consider the potential and pitfalls of recognition of the crime of aggression.

24-26 hours of contact time.

All students are expected to produce one 1500 word formative essay during the course.

A detailed reading list will be issued in advance of the course. A helpful textbook is Christine Gray, International Law and the Use of Force (4th ed, 2018).

Assessment path 1
Essay (100%, 8000 words).

Assessment path 2
Take-home assessment (100%).