Limiting the Use of Force Among Nations: Philosophers, Lawyers, Guns and Money.

摘要

The methodology of this study is to explore the elements of justice in international state practice as they evolved from the just war doctrine. Part I explores the development of the just war doctrine and the evolution to positive law and pragmatism after the fall of the Holy Roman Empire in the 17th century. Part II analyzes the preference for law over justice in modern international law. Part III discusses the use of expanded self-defense, to include reprisal, and humanitarian interventions to achieve equalizing justice between nations (in the former case), and between nations and individuals (in the latter case). Part IV discusses the validity and desirability of reintroducing "justice" into modern international jurisprudence.