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Use of force in international law thesis


use of force in international law thesis

the wider definition of force. Item ID: 11188, depositing User: EP, Services, date Deposited: 14:55, last Modified: 04:55. Introduction, in the international community, force has featured as at high levels of decentralization.e. One may quickly note that the word war is not mentioned in the Charter only force" is mentioned together with enforcement measures". The numerous resorts to armed force by individual States have been justified either on the basis of restrictive interpretation of the content of the prohibition itself or of the purported exceptions. The present author has adopted an analytical and empirical approach towards the phenomenon of the use of armed force by States. Finally, in Part Three the present author considers justifications for lawful resort to armed force that are surrounded by controversy: Namely, the use of force by States for the protection of the lives and property of nationals or under the doctrine of "humanitarian intervention" (Chapter. Accessed ; Available from: p?vref1. The United Nations Charter and the International Military Tribunal Statute have been created with regard to international law.

use of force in international law thesis

In addition, total prohibition of use of force is not indicated since an exemption is given, in the interest of all". However, the longer period that war has been associated with sovereignty of state, the more the issue has turned into a legal institution by itself. However, much of the command of these forces has been from the United States. However, opinio juris and practice widely suggest that states have no right to preventive self-defense. After the Kosovos crisis in 1999, countries like the UK you can grow your intelligence essay cited the importance of the use of military force to avert such catastrophes in the future. The UN also authorized the use of force in countries like Sierra Leone, Yugoslavia and currently Somalia. Article 51 preserves the right to self defense and outlines the procedures to be followed in case of an armed attack. The Charter only speaks of the use of force as legal or illegal, it does not recognize just and unjust wars, the former is a rule while the latter is an exemption. By way of last word it must be pointed out that in this study the term "intervention" is considered as wider than the concept of "armed force" - the latter is included in the former but not vice-versa.

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