Norms Over Force

Can Europe defend its social model in a globalized world when the US, China, India and Russia are enhancing their national sovereignties and playing power politics? This original and informative book addresses such questions and considers if Europe, although it is not a 'super state', would be able to impose norms over force.

This book assesses the impact of norms on decision-making. It argues that norms influence choices not by being causes for actions, but by providing reasons. Consequently it approaches the problem via an investigation of the reasoning process in which norms play a decisive role. Kratochwil argues that, depending upon the strictness the guidance norms provide in arriving at a decision, different styles of reasoning with norms can be distinguished. While the focus in this book is largely analytical, the argument is developed through the interpretation of the classic thinkers in international law (Grotius, Vattel, Pufendorf, Rousseau, Hume, Habermas).

Edna Ullmann-Margalit provides an original account of the emergence of norms. Her main thesis is that certain types of norms are possible solutions to problems posed by certain types of social interaction situations. The problems are such that they inhere in the structure (in the game-theoretical sense of structure) of the situations concerned. Three types of paradigmatic situations are dealt with. They are referred to as Prisoners' Dilemma-type situations; co-ordination situations; and inequality (or partiality) situations. Each of them, it is claimed, poses a basic difficulty, to some or all of the individuals involved in them. Three types of norms, respectively, are offered as solutions to these situational problems. It is shown how, and in what sense, the adoption of these norms of social behaviour can indeed resolve the specified problems.

The adoption of the Responsibility to Protect (R2P) principle by world leaders assembled at the UN summit in 2005 is widely acknowledged to represent one of the great normative advances in international politics since 1945. The author has been involved in this shift from the dominant norm of non-intervention of R2P as an actor, public intellectual and academic and has been a key thinker in this process. These essays represent the author's writings on R2P, including reference to test cases as they arose, such as with Cyclone Nargis in Myanmar in 2008.

Autonomous weapons systems seem to be on the path to becoming accepted technologies of warfare. The weaponization of artificial intelligence raises questions about whether human beings will maintain control of the use of force. The notion of meaningful human control has become a focus of international debate on lethal autonomous weapons systems among members of the United Nations: many states have diverging ideas about various complex forms of human-machine interaction and the point at which human control stops being meaningful. In Autonomous Weapons Systems and International Norms Ingvild Bode and Hendrik Huelss present an innovative study of how testing, developing, and using weapons systems with autonomous features shapes ethical and legal norms, and how standards manifest and change in practice. Autonomous weapons systems are not a matter for the distant future – some autonomous features, such as in air defence systems, have been in use for decades. They have already incrementally changed use-of-force norms by setting emerging standards for what counts as meaningful human control. As UN discussions drag on with minimal progress, the trend towards autonomizing weapons systems continues. A thought-provoking and urgent book, Autonomous Weapons Systems and International Norms provides an in-depth analysis of the normative repercussions of weaponizing artificial intelligence.

Despite the advances made by the international community to outlaw the resort to force by the United Nations Charter, armed conflicts both international and non-international are a fact of every day life. The civilian casualties from such conflicts have assumed catastrophic proportions. Little attention, however, has been paid by scholars to the treatment of noncombatants in armed conflict and the place in international law of the principle fundamental to the law of armed conflict: noncombatant immunity. This work aims to remedy this omission. The author analyses in detail the content of the customary and conventional rules that give effect to this principle, in both international and non-international armed conflict. The importance of such a study is highlighted by the recent Gulf conflict where so many of the States were not bound by the most recent treaty rules protecting noncombatants.

Wayne Sandholtz and Kendall Stiles sketch the primary theoretical perspectives on international norm change, the 'legalisation' and 'transnational activist' approaches, and argue that both are limited by their focus on international rules as outcomes.

Peremptory Norms of General International Law (Jus Cogens): Disquisitions and Dispositions is a collection of contributions on various aspects of jus cogens in international law.