Unbound in War?: International Law in Canada and Britain’s Participation in the Korean War and Afghanistan
© 2021
In Unbound in War?, Sean Richmond examines the influence and interpretation of international law in conflicts of force by two important but under-studied countries, Canada and Britain, during two of the most significant conflicts since 1945, namely the Korean War and the Afghanistan Conflict. Through an innovative application of sociological theories within International Relations (IR) and International Law (IL), and using qualitative analysis from declassified documents and original interviews, Unbound in War? delves into two arguments.
First, contrary to what some dominant IR perspectives might predict, international law can play many underappreciated roles in situations where force is used. The book discusses how IR helps constitute the identity of actors within these situations and also helps regulate conduct.
Secondly, Unbound in War? shows that while international law can play important roles even in "high politics" areas like armed conflict, it is unclear whether the effect is ultimately attributable to an obligatory quality in law. Looking at the Korean War and the Afghanistan conflict, the ground-breaking arguments presented in Unbound in War? promise to advance interdisciplinary debates in both IR and IL, and contribute to broader policy discussions in these fields.
Product Details
- World Rights
- Page Count: 288 pages
- Dimensions: 6.0in x 1.0in x 9.0in
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Author Information
Sean Richmond is a lawyer and instructor in the Department of Law and Legal Studies at Carleton University. -
Table of contents
Acknowledgments
1. Introduction
Introduction
Organization of the book2. Existing Literature, Research Design and Case Selection
International law and the use of force
Research design, method, and premises
Case selection
a) Why focus on Britain and Canada?
b) Why focus on the Korean War and Afghanistan Conflict?3. Theoretical Framework
Introduction
How should we conceive of international law – as rules or process?
International law in the study of international relations
a) Realist approaches
b) Neo-liberal institutionalism
c) Constructivist perspectives
The “interactional” approach
Positing the four roles of international law in the use of force by states4. Britain and the Korean War
Introduction
Brief background to the Korean War
Why Britain participated in the Korean War
The four roles of international law in Britain’s use of force in Korea
a) Constitutive
b) Regulative
c) Permissive and legitimating
d) Structuring the development of new rules
The understanding of international law in Britain’s use of force in Korea
a) Britain’s interpretation of the Security Council resolutions on the Korean crisis
b) Britain’s interpretation of Article 118 of the Geneva Convention on POWs
Key findings5. Canada and the Korean War
Introduction
Why Canada participated in the Korean War
The four roles of international law in Canada’s use of force in Korea
a) Constitutive
b) Regulative
c) Permissive and legitimating
d) Structuring the development of new rules
The understanding of international law in Canada’s use of force in Korea
a) Canada’s interpretation of the Security Council resolutions on the Korean crisis
b) Canada’s interpretation of Article 118 of the Geneva Convention on POWs
Key findings6. Britain and the Afghanistan Conflict
Introduction
Brief background to the Afghanistan Conflict
The three phases of Britain’s military participation in the Afghanistan Conflict
Why Britain participated in the Afghanistan Conflict
The four roles of international law in Britain’s use of force in Afghanistan
a) Constitutive
b) Regulative
c) Permissive and legitimating
d) Structuring the development of new rules
The understanding of international law in Britain’s use of force in Afghanistan
a) Britain’s understanding of the UN Charter and NATO treaty
b) Britain’s interpretation of international human rights law
Key findings7. Canada and the Afghanistan Conflict
Introduction
The three phases of Canada’s military participation in the Afghanistan Conflict
Why Canada participated in the Afghanistan Conflict
The four roles of international law in Canada’s use of force in Afghanistan
a) Constitutive
b) Regulative
c) Permissive and legitimating
d) Structuring the development of new rules
The understanding of international law in Canada’s use of force in Afghanistan
a) Canada’s understanding of the NATO treaty and UN Charter
b) Canada’s interpretation of the Geneva Convention on POWs
Key findings
8. Conclusion
Summary of findings
Significance of findings for theory and future researchBibliography
Index
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Subjects and Courses
