Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-p2v8j Total loading time: 0 Render date: 2024-04-30T16:47:13.662Z Has data issue: false hasContentIssue false

3 - Pre-emptive Self-defence New Legal Principle or Political Action?

Published online by Cambridge University Press:  05 March 2012

Ramses Amer
Affiliation:
Umeå University
Get access

Summary

Purpose and Structure

The purpose of this study is to examine the ongoing legal debate surrounding pre-emptive self-defence. The study examines the legal debate surrounding the regulation of the use of force in the provisions of the Charter of the United Nations. The possible interconnection between pre-emptive self-defence and anticipatory self-defence is explored. The political ramification of the possibility of a weakening of the regulation of the use of force as expressed in the Charter of the United Nations is discussed.

The study is structured into two main sections. The first relates to the Charter of the United Nations and the Articles relating to the use of force and the scholarly debate relating to the key Articles is outlined and assessed. The second is an overview and analysis of the renewed attention and interest in issues relating to the use of force in self-defence in interstate relations, in particular the notion of pre-emptive self-defence and related developments in the post-cold war era particularly after 11 September 2001.

The Charter of the United Nations and the Use of Force by States

The provisions of the Charter of the United Nations

There are three clauses in the Charter of the United Nations that regulate the use of force by the individual member states, namely Article 2(3), Article 2(4) and Article 51. Furthermore, in Article 39 the regulations pertaining to the use of force by the United Nations are outlined.

Type
Chapter
Information
Publisher: Anthem Press
Print publication year: 2007

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×