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在人类历史上，冲突可能是最明显和最频繁发生的事情。因为在最早的时候，男子使用武力，没有迹象表明这一不幸事件在任何时间将成为过去的概念。纵观历史，神学家，哲学家，律师确实曾试图调和这些理由和观点，以启发人们诉诸武力、征服、资源、高贵、信仰、种族和庄严的利益。为了代替这些原因，他们已经到达理解有关使用武力和解释有一定冲突的合法性。在发展历史上，我们将要讨论的当代结构和企图限制使用武力的标准和学说。我们将通过识别这两种习惯法和联合国根据法律的现代化方面开始。然后，我们将继续他们的应用程序基于实例的重要讨论。由于这个问题引起了 “虚幻”的法律问题，我们将立足绕法的明确性和可执行性的讨论。最后，鉴于其清晰度和可执行性的基础上，我们将提出对法律的分析结论。

The Illusory Law Regulating Use Of Force International Law Essay

Conflict has possibly been the most visible and frequent occurrence in human history. Man has resorted to use of force since the earliest times and there is no indication that this unfortunate occurrence will be a notion of the past any time soon. Throughout history, theologians, philosophers and indeed lawyers have attempted to reconcile the reasons and ideas which have inspired man to resort to force; conquest, resources, royalty, faith, race or stately interests. In lieu of these reasons they have arrived at understandings governing the use of force and interpreted the legality of a certain conflict. These standards and doctrines have evolved throughout history and we will be discussing the contemporary structure and its attempts at limiting the use of force. We shall begin by identifying the contemporary facets of both customary law and the United Nations based law. Then we shall proceed to a critical discussion of their application based on examples. As the issue raises the question of the law being 'illusory', we will base our discussion around the clarity and enforceability of the law. Lastly, we shall put forth a conclusion based on our analysis of the law in light of its clarity and enforceability.

Contemporary law

At present the law around use of force can be divided in to two main heads, customary law and provisions in the United Nations Charter. Historically the law regulating the use of force has evolved in a manner which suits the peculiar trends and norms of that particular period. In Roman era, Western Christian theologians like St Augustine envisaged the principle of 'just war'. This was the first substantial attempt to put goal-oriented and moral perspective to waging of war. War was to be waged to punish wrongs and restore the peaceful status quo but no further. [1] In words of Murray Rothbard, a just war exists 'when a people try to ward off the threat of coercive domination by another people or to overthrow an already-existing domination'. [2] Then we see the balance changing due to the Peace of Westphalia in 1648 where the sovereignty of nation states was recognised; this coincided with the declining power of the Church and the rise of statehood based on race and language. This saw the beginnings of the requirement that attempts at peaceful resolution of disputes were necessary before turning to force. Ian Brownlie finds the post-Westphalian system as being based on legal positivism and stability so as to ensure dynastic and commercial pursuits of states. [3] The modern law is the result of the failure of the League of Nations and the horrors of Second World War. Immediately after cessation of hostilities, the United Nations was formed and Article 2(4) of the UN Charter is the primary legal provision concerning the use of force. This provision is also regarded as a principle of customary international law and it is binding on all states. [4]

Scope of the law

It is import