Uncertainties of the law on self-defence in the United Nations Charter

2005 ◽  
Vol 35 (-1) ◽  
pp. 143 ◽  
Author(s):  
Jörg Kammerhofer
Keyword(s):  
United Nations ◽  
The United Nations ◽  
The Law ◽  
United Nations Charter ◽  
Self Defence

Anticipatory Self-Defence in the Legislative History of the United Nations Charter

1991 ◽  
Vol 25 (1) ◽  
pp. 1-42 ◽  
Author(s):  
Timothy L. H. McCormack
Keyword(s):  
United Nations ◽  
Security Council ◽  
Security Measures ◽  
International Peace ◽  
Armed Attack ◽  
Peace And Security ◽  
The United Nations ◽  
The Right ◽  
United Nations Charter ◽  
Self Defence

Article 51 of the United Nations Charter states that:Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a member of the United Nations, until the Security Council has taken the measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of selfdefense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.International lawyers are still arguing about the scope of the right of self-defence in Article 51 of the U.N. Charter. Most of the arguments focus on the semantics of Article 51. Those who argue for a “restrictive view” of the provision emphasise the qualifying phrase “if an armed attack occurs”.

Fiduciary Principles in International Law

2019 ◽  
pp. 342-363 ◽  
Author(s):  
Evan J. Criddle
Keyword(s):  
United Nations ◽  
International Law ◽  
Legal Status ◽  
International Community ◽  
League Of Nations ◽  
Military Occupation ◽  
Fiduciary Duties ◽  
The United Nations ◽  
The Law ◽  
United Nations Charter

This chapter explores how fiduciary principles have shaped international law from colonial times to the present. Fiduciary principles are evident not only in the text of the League of Nations Covenant and the United Nations Charter, but also in various subfields of international law, including the law governing U.N. missions, military occupation, the legal status and duties of states, and the role and responsibilities of diplomatic officers. In each of these contexts, the international community has affirmed that certain offices and institutions attract fiduciary duties under international law. Nonetheless, the international community has struggled to develop credible mechanisms for enforcing these fiduciary duties.

Oscar Schachter (1915-2003)

2004 ◽  
Vol 98 (1) ◽  
pp. 35-41
Author(s):  
Lori Fisler Damrosch
Keyword(s):  
Twentieth Century ◽  
United Nations ◽  
International Law ◽  
Highly Qualified ◽  
The United Nations ◽  
The Law ◽  
American Society ◽  
United Nations Charter

Among “jurisconsults of recognized competence in international law” and “most highly qualified publicists of the various nations,” no one in the second half of the twentieth century did more than Oscar Schachter to influence both the theory and the practice of international law, especially the law of the United Nations Charter. When the centennial of the American Society of International Law arrives in two years, we will have occasion to reflect on his contributions to this Journal and many other endeavors of the Society, across a long and vigorous life.

scholarly journals Iraq, the U.N. and the Law

1969 ◽  
pp. 560
Author(s):  
L. C. Green
Keyword(s):  
United Nations ◽  
International Law ◽  
Armed Conflict ◽  
Just War ◽  
Just War Theory ◽  
Legal Issues ◽  
Law Of Armed Conflict ◽  
The United Nations ◽  
The Law ◽  
United Nations Charter

This paper discusses the international legal issues arising out of the Iraqi invasion of Kuwait and the United Nations response to the conflict. The author frames his analysis considering just war theory, international law and the United Nations Charter. After looking at the historical relations between Iraq and Kuwait, Professor Green examines the United Nations response to the conflict considering the related U.N. resolutions. Reference is made to the law of armed conflict and international law on the treatment of civilians and diplomats. Finally, the author briefly discusses legal problems faced by some of the states aligned against Iraq.

Commercial Discrimination and International Law

1958 ◽  
Vol 52 (3) ◽  
pp. 495-498 ◽  
Author(s):  
John N. Hazard
Keyword(s):  
United Nations ◽  
Eastern Europe ◽  
International Law ◽  
The State ◽  
Recent Conference ◽  
The United Nations ◽  
The Law ◽  
United Nations Charter ◽  
The Impact ◽  
Opening Session

The state traders of Eastern Europe are arguing that the principle of equality of states enshrined in the United Nations Charter must be extended to international commercial intercourse to prevent discrimination. This was the theme of the opening session of a recent conference of scholars gathered in Rome to consider the impact of state trading upon the law governing commercial relations of states.

The Nicaragua Judgment and the Future of the Law of Force and Self-Defense

1987 ◽  
Vol 81 (1) ◽  
pp. 135-143 ◽  
Author(s):  
John Lawrence Hargrove
Keyword(s):  
United States ◽  
United Nations ◽  
United States Of America ◽  
International System ◽  
Self Defense ◽  
The Future ◽  
The United Nations ◽  
The Law ◽  
United Nations Charter

The most important single consequence of Nicaragua v. United States of America may well turn out to be its impact on the vitality of the law of the United Nations Charter governing force and self-defense. Will the case make it more likely, or less, that that law will become an increasingly effective working part of the international system?

Sign in / Sign up

Export Citation Format

Share Document