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Erin Pobjie, Prohibited Force: The Meaning of ‘Use of Force’ in International Law, Cambridge University Press, 2024, Online ISBN: 9781009022897

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Erin Pobjie, Prohibited Force: The Meaning of ‘Use of Force’ in International Law, Cambridge University Press, 2024, Online ISBN: 9781009022897

Published online by Cambridge University Press:  19 September 2024

Panagiotis Gkagkatsis
Panagiotis Gkagkatsis*
Affiliation:
School of Oriental and African Studies-University of London, London, United Kingdom and University of Hertfordshire, Hertfordshire, United Kingdom [[email protected]].
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Abstract

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Type
Book Review
Information
Leiden Journal of International Law , Volume 37 , Issue 4 , December 2024 , pp. 1066 - 1069
Copyright
© The Author(s), 2024. Published by Cambridge University Press on behalf of The Foundation of the Leiden Journal of International Law in association with the Grotius Centre for International Law, Leiden University

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References

1 E. Pobjie, Prohibited Force: The Meaning of ‘Use of Force’ in International Law (2024), 60.

2 The author states that several scholars believe that only a narrow core of the prohibition is jus cogens, that some authors believe that only Article 2(4) is, and that others believe that the entire jus contra bellum is a jus cogens principle. Ibid., at 72.

3 Ibid., at 58.

4 Ibid., at 85.

5 Ibid., at 111.

6 H. Lauterpacht, Private Law Analogies in International Law (1926), PhD thesis, The London School of Economics and Political Science, 70–7.

7 One example can be the Cuba case, where the failure of the Bay of Pigs invasion (unlawful) turned into a 60-year-long economic embargo (lawful).

8 See Pobjie, supra note 1, at 186. Specifically, the author uses some case examples to prove the difficulty in determining the use of force within the maritime framework. For example, she uses the case of Fisheries Jurisdiction to determine the competing legal framework between the boundaries of the Charter and its conflict with the Convention on Future Multilateral Co-Operation in the Northwest Atlantic Fisheries.