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LawfareLaw as a Weapon of War$
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Orde F. Kittrie

Print publication date: 2016

Print ISBN-13: 9780190263577

Published to Oxford Scholarship Online: January 2016

DOI: 10.1093/acprof:oso/9780190263577.001.0001

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A Conceptual Overview of Lawfare’s Meaning, Variety, and Power

A Conceptual Overview of Lawfare’s Meaning, Variety, and Power

(p.1) Chapter 1 A Conceptual Overview of Lawfare’s Meaning, Variety, and Power

Orde F. Kittrie

Oxford University Press

This chapter analyzes lawfare conceptually. Section I discusses lawfare’s definition, provides an overview of previous lawfare scholarship, and discusses this book’s goals, structure, and methodology. Section II offers a lawfare typology, explaining that lawfare has thus far predominantly taken two interrelated forms: (1) “instrumental lawfare”—the instrumental use of legal tools to achieve the same or similar effects as those traditionally sought from kinetic military action and (2) “compliance-leverage disparity lawfare”—lawfare designed to gain advantage from the greater influence that law and its processes exert over an adversary. Section III outlines the U.S. government’s approach to lawfare thus far. Section IV analyzes why lawfare’s impact and prevalence are increasing, including the increased number and reach of international laws and tribunals, the rise of non-governmental organizations focused on law of armed conflict and related issues, and the advance of globalization and thus economic interdependence.

Keywords:   lawfare, China, instrumental lawfare, compliance, international law, non-governmental organizations, globalization, economic interdependence

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