CEU eTD Collection (2016); Ivasyk, Stanislav: Use of Military Force Without Declaration of War: Comparative Constitutional Analysis

CEU Electronic Theses and Dissertations, 2016
Author Ivasyk, Stanislav
Title Use of Military Force Without Declaration of War: Comparative Constitutional Analysis
Summary This paper evaluates a modern legal realities of the use of force without declaration of war. The thesis describes the preconditions of the use of force, it limits and legal regime. Looking at examples of Ukraine, Israel and the United Sates, I outline how the use of force influence the relations between the Executive and other branches of power on horizontal and vertical level and how it alters the inner structure of the Executive itself. Combining scientific achievements of the national security studies and legal studies, this research evaluates the typical separation of powers problems that occur during non-war use of force.
Supervisor Möschel, Mathias
Department Legal Studies LLM
Full texthttps://www.etd.ceu.edu/2016/ivasyk_stanislav.pdf

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