International Law Outline


UN Charter – 1945 (879-81)



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UN Charter – 1945 (879-81)

  1. Article 2 (4) – refrain from threat or use of force against territorial integrity or political independence of any state

    1. 2(6) – non-membership in UN won’t help you

  2. Article 24 (2) – council must act in accordance with principles/purposes of UN

    1. Ongoing debate – to what extent is SC bound by provisions of Charter generally

      1. And what about bound by customary international law?

      2. General international law?

    2. Arguments that SC is POLITICAL body.

  3. Chapter VI – article 33 – pacific settlement of disputes

  4. Chapter VII – article 39 – SC determines threat to peace, breach of peace, acts of aggression

    1. Article 41 – measures NOT involving use of armed force

    2. Article 42 – force, as necessary to maintain or restore int’l peace and security

  5. Article 51 – rights of INDIVIDUAL or COLLECTIVE self defense if ARMED ATTACK occurs. Should be immediately reported to SC

    1. Customary international law requirements for self-defense

      1. US (1842) Caroline case -

        1. may be justified only in cases in which the "necessity of that self-defence is instant, overwhelming, and leaving no choice of means, and no moment for deliberation"

          1. basically NECESSARY and PROPORTIONATE

            1. three schools of thought re: NECESSITY

              1. necessary (defined temporally) = only anticipatory self defense

              2. all uses of self-defense

              3. necessity – any force must be last resort.

            2. Proportionality – only use force necessary to repel attack or restore status quo


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