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Wars of LawUnintended Consequences in the Regulation of Armed Conflict$
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Tanisha M. Fazal

Print publication date: 2018

Print ISBN-13: 9781501719813

Published to Cornell Scholarship Online: January 2019

DOI: 10.7591/cornell/9781501719813.001.0001

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Declarations of War in Interstate War

Declarations of War in Interstate War

(p.72) 3 Declarations of War in Interstate War
Wars of Law

Tanisha M. Fazal

Cornell University Press

This chapter asks: why have states stopped issuing formal declarations of war in interstate war? The chapter begins with an historical overview of the use of declarations of war, then moves to an empirical analysis based on original quantitative data and primary qualitative data. The main hypothesis of the chapter, which is supported by the data, is that states avoid declaring war because they want to avoid the legal liability of complying with the laws of war as those laws have proliferated over time.

Keywords:   Declarations of war, Laws of War, Falklands War, Bangladesh War, Spanish-American War, Boxer Rebellion

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