scholarly journals Disputed Territories and the Law on the Use of Force: Lessons from the Eritrea-Ethiopia Case

Author(s):  
Constantinos Yiallourides ◽  
Zeray Yihdego
Keyword(s):  
Author(s):  
Kubo Mačák

This chapter analyses the legal qualification of complex conflict situations that feature more than two conflict parties. It examines whether such situations qualify as a single internationalized armed conflict or a number of independent international and non-international armed conflicts. With this in mind, this chapter puts forward a model based on the retention of autonomy of the allied conflict parties. It argues that once the autonomy is foregone and replaced with a single use of force by the parties, the law of international armed conflict applies ‘globally’ to the situation at hand. However, until that moment, the situation should be seen as ‘mixed’; in other words, as a set of mutually independent conflict pairs.


Author(s):  
Enzo Cannizzaro

The chapter discusses the philosophical foundations of the current regulation of the use of force. The chapter argues that, in correspondence with the emergence of a sphere of substantive rules protecting common interests of humankind, international law is also gradually developing a system of protection against egregious breaches of these interests. This conclusion is reached through an analysis of the law and practice governing the action of the UN Security Council as well as the law of state responsibility concerning individual and collective reactions to serious breaches of common interests. This system is based on positive obligations imposed upon individual states as well as UN organs, and it appears to be still rudimentary and inefficient. However, the chapter suggests that the mere existence of this system, these shortcomings notwithstanding, has the effect of promoting the further development of the law in search for more appropriate mechanisms of protection.


Asian Survey ◽  
2015 ◽  
Vol 55 (3) ◽  
pp. 455-477 ◽  
Author(s):  
Stein Tønnesson

The article looks at three ways in which international law has affected government behavior in the South China Sea. It has exacerbated disputes. It has probably curtailed the use of force. And it has made it difficult to imagine solutions that violate the law of the sea.


1994 ◽  
Vol 29 (2) ◽  
pp. 248-261 ◽  
Author(s):  
John Dunn

There are at Least Three Possible Types of View about the justifiability of the use of force by states or private individuals on behalf of other private individuals or groups who are the victims of brutal and gratuitous coercion by another state. The first type of view is that no human being, and a fortiori no state, can be justified in using force under any circumstances and for any purpose, because (and only because) force is an intrinsic evil. This unflinchingly deontological view is generous but practically absurd. The second type of view is that states (or even private individuals) can be, and often arc, justified in using force against the brutally coercive actions of another state when, but only when, the latter is acting outside its own territorial jurisdiction. At least in the case of states what grounds that justification is their entitlement to defend themselves against foreign (as against domestic) aggression, and to defend also any other states with whom they have linked themselves either by standing alliances or by solemn common undertakings to secure each other's safety and sovereignty within the bounds of international law. In the case of private individuals, the corresponding justification would lie in their several personal entitlements to defend themselves as best they can against aggression.


Author(s):  
Wilmshurst Elizabeth

This chapter describes the collective security system established by the United Nations Charter and focuses on the use of force. The vision of the founders of the United Nations—‘determined to save succeeding generations from the scourge of war’—was to make the preservation of international peace a collective responsibility and to locate that responsibility in the United Nations and, in particular, the United Nations Security Council. States were obliged to refrain from the use of force in their international relations, and there would be no resort to armed force except ‘in the common interest’, as declared in the preamble to the Charter. However, contemporary security threats such as global terrorism and the proliferation of weapons of mass destruction give rise to questions about whether the law is ‘sufficient’. The chapter then outlines the international legal framework and discusses some of the difficulties in interpreting or applying aspects of the law in the context of recent challenges to the international legal order. It considers whether this legal framework is still appropriate to deal with current security threats and whether the efficacy of the law is still recognized in the practice of States.


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