Some cases related to the fight against terrorism, among others, have challenged some of the categories of international law on the use of force, generating a constant confrontation between what is considered legitimate and what is legal. The invasion of allied countries in Iraq and Afghanistan, the NATO intervention in Kosovo and the incursion of the Colombian state into Ecuadorian territory to attack a FARC guerrilla camp have put the existing legal regime to the test and highlighted some of its limitations, questioning the treatment given to concepts such as "legitimate defense," "armed attack," "necessity," and "proportionality." There are alternatives to overcome some of the main problems, including the possibility of revising the composition and decision-making procedure within the UN Security Council. The doctrine of the use of preventive force, which has been resorted to to a greater extent by states in the fight against terrorism, is a dangerous path that threatens to undermine rights and infringe on freedoms. Historically generally rejected, it is not advisable for the doctrine to be strengthened as an institution of public international law.
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The objective of this paper is to analyze, apply and then contrast the four theoretical pillars of terrorism to the war against narcoterrorism that the Mexican government has developed between 2007 and 2011. The central hypothesis proposes that there is no terrorism in Mexico, because the core elements that support this concept, such as political motivation, premeditation, attack on civilians and generalized terror, are not seen in reality.
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Does US military aid buy recipient state compliance? In this study, we systematically investigate the effects of U.S. military assistance on recipient state behavior toward the United States. We present and test three different models—Arms for Influence, Lonely Superpower, and Reverse Leverage—that might capture the relationship between military aid and recipient state cooperation. Using innovative events data that measure cooperation between the United States and recipient states between 1990 and 2004, we test seven hypotheses using a combination of simultaneous equation, cross-sectional time series, and Heckman selection models. We find, with limited exceptions, support for the Reverse Leverage model: increasing levels of US military aid significantly reduce cooperative foreign policy behavior with the United States. U.S. reaction to recipient state behavior is also counterintuitive; our results show that recipient state cooperation is likely to lead to subsequent reductions in US military assistance, rather than proving the theory of success based on a carrot and stick approach.
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This paper analyzes the evolution of the institution of self-defense and its relationship with the prohibition of the use of force. It studies the path towards the consolidation of the classical concept of self-defense, its elements and its requirements. Subsequently, he presents three positions on the evolution of this legal institution towards an anticipatory scheme, from the position of states and the instruments of international law. Finally, it shows the road ahead for the establishment and consolidation of the notion of preventive self-defense.
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