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Limits of Law, Prerogatives of Power

NATO's bombing of Yugoslavia was justified. NATO violated the United Nations Charter but nations have used armed force so often that the ban on non-defensive use of force has been cast into doubt. Dangerous cracks in the international legal order have surfaced and widened, ironically, by the UN Security Council itself, which has ridden roughshod over the Charter's ban on intervention. Yet nations remain hopelessly divided on what the rules should be. An unplanned geopolitical order has thus emerged posing serious dilemmas for American policy makers in a world where intervention will be judged more by wisdom than by law.
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Table of Contents

Kosovo and the United Nations Charter The Effect of State Custom and Practice on the Charter State Practice: The Charter and Interstate Violence Security Council Practice: The Charter and Intrastate Violence More 'Deniers,' New Scepticism The Implications of NATO's Actions in Kosovo Intervention in the Twenty-First Century Planning for the Past

About the Author

MICHAEL J. GLENNON is Professor of Law at the University of California, Davis, School of Law. From 1977 to 1980 he was Legal Counsel to the Senate Foreign Relations Committee. He is the author of numerous books and articles, including Constitutional Diplomacy (Princeton University Press, 1990).


'The best book written on international law and the use of force in the past forty years...' - American Political Science Review '...eminently readable study goes far beyond identifying the irreconcilability of the Kosovo bombing campaing and the Charter...' - American Journal of International Law '...its relentless expose of legal myth is a bracing antidote to...most international legal scholarship.' - Yale Journal of International Law

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