CLE: 2007: International Law and Just War Theory

Dublin Core

Title

CLE: 2007: International Law and Just War Theory

Creator

Robert L. Summers

Publisher

St. Mary's University School of Law San Antonio Texas Alumni Homecoming, St. Mary's University School of Law Alumni Homecoming

Date

2007-03-30

Relation

St. Mary's University School of Law Alumni Homecoming

Format

RFC3778

Language

English, en-US

Type

Text

Identifier

STMU_HomecomingCLE2007Summers

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Text

International Law and Just War Theory
Robert Lee Summers Jr., Professor of Law
And Director of the LL.M. Program

Print Version

II School of Law at St. Mary's University

Page 1 of 1

School of Law at St. Mary's University

Robert L. Summers, Jr.
ph: (210) 436-3606
email: rsummers@stmarytx.edu
Professor of Law, Director of LL.M. Programs and
Director of Legal Research
B.A., 1967, Williams College
J.D., 1974, College of William and Mary
M.S.L.S., 1976, University ofNorth Carolina

Before St. Mary's
• Directed the first-year legal research and writing
program and served as Assistant Law Librarian at
Loyola University School of Law, New Orleans,
La.
• Adjunct faculty - Tulane University

Highlights:
• As the former Law Library Director for 19 years, he oversaw the construction
of the award-winning Sarita Kenedy East Law Library and the expansion of its
staff, services, automation and collection.
• Adjunct Faculty - University of Texas Graduate School
• Captain U.S. Navy, Intelligence Corps (Retired)

Specialties:
Since joining St. Mary's faculty in 1981 , Professor Summers has taught:









Legal Research and Writing
Advanced Legal Research
Public International Law
International Human Rights
International Law of the Sea
Admiralty
International Environmental Law
Human Rights, The Global Environment and World Order

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• Application and Enforcement of PIL:
Dispute Resolution Alternatives
- Peaceful Non -Binding Methods
- Peaceful Binding Methods
- Non- Peaceful Binding Methods

--- -- ----·--- --·-- -----·
• Applicat ion and Enforcement of PIL:
- Dispute Resolution Modalities
• Peaceful Non-Binding Methods
- Inquiry
- Negotiation
-Mediation

- Good Offices
- Conciliation
- Combination of Methods

1

' • Application and Enforcement of PIL:
- Dispute Resolution Modalities:
• Peaceful Binding Methods
- Arbitration
- Adjudication-International Courts (Exception)

• Application and Enforcement of PIL:
-Dispute Resolution Modalities:
• Non-Peaceful Binding Methods
- Economic Coercion
- Armed force

• Bush Administration's Philosophy re: the
Global War on Terror
- The National Security Strategy (March 06)









Promote Human Dignity
Strengthen Alliances for GWOT
Cooperation to Defuse Regional Confticts
Prevent Attacks against U.S. and Allies
Prevent T71reats to U.S. and Allies from WMD
Ignite Global Economic Growth
Promote Democracy
Cooperation with Centers of Global Power

2

Ctlobal § NC!hovu.ll secuYLttj Law
·-- - -- - ------·--- - -- - - - - - - - - • Application and Enforcement of PI L
- Non- Peaceful Methods of Dispute
Resolution: Armed Force
• 1. Self Defense
• 2. Anticipatory Self Defense/Preemptive War
• 3. Preventive War (Self Defense ??)

• Application and Enforcement of PIL
- Non-Peaceful Methods of Dispute
Resolution: Armed Force
-Self Defense:
• Art. 51 U.N. Charter (Treaty)
• Proportionality & Discrimination (Cll)
• Aligns with Just War Theory

• Application and Enforcement of PIL
-Non-Peaceful Methods of Dispute
Resolution: Armed Force
-Anticipatory Self Defense/Preemptive War
• Four Elements: Force Initiator is a Target;
Attack is Imminent and Overwhelming; Force
is Last Resort
• CIL Doctrine; Engrafted Exception to Art. 51
• Alignment with Just War Theory ??

3

• Application and Enforcement of PIL
- Non-Peaceful Methods of Dispute Resolution:
Armed Force
- Preventive War
• Armed Force initiated when initiator belteves that war
with adversary is inevitable and that the first strike will
bring decisive victory
• Relies heavily on competent intelligence and military
• Alignment with Art. 51 7?
• Alignment with Just War Theory 7?

• Application and Enforcement of PIL
- Non-Peaceful Dispute Resolution: Armed Force &
Just War Theory (Jus ad Bellum & Jus in Bello)
• Just War Theory: Elements of Jus ad Bellum
- 1. Just cause

- 2. Competent Authority
- 3. Right Intention
- 4. Public Declaration

- 5. Ltmited ObJectives
- 6. Last Resort
- 7. Reasonable Expectation of Success

• Application and Enforcement of PIL
- Non-Peaceful Dispute Resolution: Armed
Force & Just War Theory (Jus ad Bellum
& Jus in Bello)
-Just War Theory: Elements of Jus in Bello
• 1. Proportionality
• 2. Discrimination

4

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' • Application and Enforcement of PIL
- Non-Peaceful Dispute Resolution: Armed
Force & Just War Theory (Jus Post
Bellum)
• Responsibility to ensure a Just Peace
• Responsibility includes use of reasonable
methods and means to establish legitimate
government, rule of law, adherence to human
rights and economic development etc.



QUESTIONS ???

5

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Citation

Robert L. Summers, “CLE: 2007: International Law and Just War Theory,” St. Mary's Law Digital Repository, accessed August 20, 2017, http://lawspace.stmarytx.edu/item/STMU_HomecomingCLE2007Summers.

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