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Human beings are irrational; this is the premise upon which I approach the subject of international law and security. Modern social sciences have embraced the assumption of human rationalism as the predominant philosophical foundation for intellectual and social advancement. However, when faced with a threat to their own security, human societies are driven by fear and compelled to react under considerable uncertainty. The role and limit of international law as a means of regulating irrational behavior driven by fears in international relations has intrigued me for a long time. Compiled in this book are the outcomes of my research, reflection, and discursive thoughts developed for over a decade. My preliminary efforts to explore the interaction of international law with the discourse of security resulted in the following publications: • Hitoshi Nasu, "The Expanded Conception of Security and International Law: Challenges to the UN Collective Security System," Amsterdam Law Forum 3, no. 3 (2011) 15–33. • Hitoshi Nasu, "Law and Policy for Antarctic Security: An Analytical Framework," in Antarctic Security in the Twenty-First Century: Legal and Policy Perspectives, ed. Alan D. Hemmings, Donald R. Rothwell, and Karen N. Scott (London: Routledge, 2012) 18–32. • Hitoshi Nasu, "The Place of Human Security in Collective Security," Journal of Conflict & Security Law 18 (2013) 95–129. • Hitoshi Nasu and Kim Rubenstein, "The Expanded Conception of Security and Institutions," in Legal Perspectives on Security Institutions, ed. Hitoshi Nasu and Kim Rubenstein (Cambridge: Cambridge University Press, 2015) 1–24. • Hitoshi Nasu, "Human Security and International Law: The Potential Scope for Legal Development within the Analytical Framework of Security," in Security and International Law, ed. Mary E. Footer et al. (Portland, OR: Hart Publishing, 2016) 25–42. • Hitoshi Nasu, "The Global Security Agenda: Securitization of Everything?" in The Oxford Handbook of International Law of Global Security, ed. Robin Geiß and Nils Melzer (Oxford: Oxford University Press, 2021) 37–53.iii Preface While these studies helped deepen my understanding of the field, this book marks an entirely new venture fundamentally distinct from previous contributions. Instead of exploring the potential and limits of international law in meeting specific security challenges, it aims to build a general theory of international law that rationalizes derogatory action on account of security and its conceptual evolution. The goal was set. Then came the hardest part of this venture: deciding the methodological approach and fixing the parameters of research. Of all the different possibilities—from a theoretical approach drawing on various traditions of legal philosophy to a socio-legal study of ideological variety within existing legal institutions—I made a pragmatic choice to focus on jurisprudence as developed through the practice of international adjudication. This decision is partly based on the availability and accessibility of international legal materials produced by international judicial and treaty monitoring institutions. But I must also admit my educational background and teaching experience in common law jurisdictions influenced the approach of my work. The idea that "the life of the law has not been logic; it has been experience" appears to me fitting to describe my intention behind this choice.1 The analysis developed in this book draws on the materials and publications I was able to find by December 31, 2021. It is by no means intended to be a comprehensive coverage of scholarship produced in the field of international security law. Nor does it represent the best of wisdom benefiting humanity. I nonetheless hope this book contributes to documenting an aspect of humanity's experience in dealing with fear and uncertainty while maintaining the international legal order for managing political confrontation and socio-cultural diversity among nations.

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