Publication Date
2004
Publication Title
Public Law & Legal Theory
Abstract
The laws of war forbid states to use force against each other except in self-defense or with the authorization of the United Nations Security Council. Self-defense is usually understood to mean self-defense against an imminent threat. We model the decision of states to use force against “rogue” states, and argue that under certain conditions it may be proper to expand the self-defense exception to preemptive self-defense. We also consider related issues such as humanitarian intervention, collective security, and the role of the Security Council.
Number
63
Recommended Citation
Alan O. Sykes & Eric Posner, "Optimal War and Jus Ad Bellum" (University of Chicago Public Law & Legal Theory Working Paper No. 63, 2004).
Additional Information
Chicago Unbound includes both works in progress and final versions of articles. Please be aware that a more recent version of this article may be available on Chicago Unbound, SSRN or elsewhere.