+234 813 0686 500
+234 809 3423 853
info@grossarchive.com
+234 813 0686 500
info@grossarchive.com

AN APPRAISAL OF THE DOCTRINE AND PRACTICE OF SELF-DEFENCE IN INTERNATIONAL LAW

  • Type: Project
  • Department: Law
  • Project ID: LAW0053
  • Price: ₦3,000 ($20)
  • Chapters: 5 Chapters
  • Pages: 65 Pages
  • Format: Microsoft Word
  • Views: 637

For more Info, call us on
+234 8130 686 500
or
+234 8093 423 853

ABSTRACT

This dissertation employs the doctrinal method of research to appraise the doctrine of Self defence as one of the fundamental principles of International law, and as one of the exceptions to the prohibition on the use of force. To this end, this dissertation centers on Article 51 of the United Nations Charter which provides for the right of self defence in International law. The dissertation contends that the provisions of Article 51 have generated some controversies among scholars of International law. These controversies have tended to obscure the scope of self defence in International law. The major problem of this research is that it is not clear whether Article 51 has abrogated or preserved the doctrine of anticipatory Self defence in Customary International law. This problem has been complicated by the use of the phrases ‘inherent right of individual or collective self defence’ and ‘armed attack’ in Article 51. The question therefore is that ‘does international law expect a State to do nothing where it is a target of an imminent attack’? The objective of this dissertation therefore is to examine the relationship between Article 51 and rules of customary International Law, and the circumstances in which the right of self defence can be exercised. The dissertation makes some findings by submitting that the doctrine of preemptive Self defence is contrary to Articles 2(4) and 51 of the Charter which prohibits unilateral use of force. Furthermore, both Article 51 and customary international law provide different rules for the exercise of the right of self defence .The writer suggests that there is urgent need for an amendment of Article 51 to bring it in line with current global challenges to global security. The phrase ‘armed attack’ should be well defined and the concept of collective self defence should be deleted from Article 51.

GENERAL INTRODUCTION

1.1 Background to the Study

The doctrine of self-defence is one of the fundamental principles of International law.1 The doctrine of self defence is common to all systems of law, and generally, as a legal concept, the function and scope of Self-defence vary with the level of development of each legal system. Thus, International law which is characterized by lack of specialized machinery for the enforcement of International law and protection of the rights of member states has vested the individual member states the right to use force for the protection of certain essential rights.

However, as International law advances, as its processes of enforcement and protection become more effective, the tendency is to allocate duty of protection to a centralized authority such as the United Nations Security Council, and to restrict the right of unilateral action by individual member states. However, no matter how effective the means of protection afforded by the centralized authority is, it will be necessary, for the protection of certain essential rights, and interests of the state to invest the states with the right of self defence until the enforcement machinery of the United Nations (UN) comes to their aid. It is difficult to envisage a legal system in which the prohibition of recourse to force has no exception in the form of the doctrine of self-defence. This is the justification of Self-defence in International law.

In the United Nations system characterized by a decentralized machinery of its legal system, the enforcement of International law and the protection of rights recognized by International law is, traditionally, a task delegated to the individual members, the sovereign states. Naturally, the right of self-defence in international law features as the basic and fundamental right of every member state. Within the last fifty years, international community has moved towards a degree of centralization hitherto unknown; and with that development the prohibition of individual use of force has come pari pasu. Thus, the need to define the right of self-defence with some precision arises from this development, for, as the main exception to the general prohibition of force, the right of self-defence if left undefined and unregulated could virtually deny the prohibition on the use of force any real meaning.

AN APPRAISAL OF THE DOCTRINE AND PRACTICE OF SELF-DEFENCE IN INTERNATIONAL LAW
For more Info, call us on
+234 8130 686 500
or
+234 8093 423 853

Share This
  • Type: Project
  • Department: Law
  • Project ID: LAW0053
  • Price: ₦3,000 ($20)
  • Chapters: 5 Chapters
  • Pages: 65 Pages
  • Format: Microsoft Word
  • Views: 637
Payment Instruction
Bank payment for Nigerians, Make a payment of ₦ 3,000 to

Bank GTBANK
gtbank
Account Name Obiaks Business Venture
Account Number 0211074565

Bitcoin: Make a payment of 0.0003 to

Bitcoin(Btc)

btc wallet
Copy to clipboard Copy text

500
Leave a comment...

    Details

    Type Project
    Department Law
    Project ID LAW0053
    Price ₦3,000 ($20)
    Chapters 5 Chapters
    No of Pages 65 Pages
    Format Microsoft Word

    Related Works

    ABSTRACT This dissertation employs the doctrinal method of research to appraise the doctrine of Self defence as one of the fundamental principles of International law, and as one of the exceptions to the prohibition on the use of force. To this end, this dissertation centers on Article 51 of the United Nations Charter which provides for the right... Continue Reading
    This write up is to assess the quality of the value of the doctrine of domicile under the Private International Law i. e Conflict of laws. Private International Law is that part of law of a country which deals with cases having a foreign element. It is therefore the that... Continue Reading
    An Appraisal Of The Doctrine Of Domicile Under The Private International Law This write up is to assess the quality of the value of the doctrine of domicile under the Private International Law i. e Conflict of laws. Private International Law is that part of law of a country which deals with cases having a foreign element. It is therefore the that... Continue Reading
    ABSTRACT This write up is to assess the quality of the value of the doctrine of domicile under the Private International Law i. e Conflict of laws. Private International Law is that part of law of a country which deals with cases having a foreign element. It is therefore the that part of law that comes into into play whenever the issue before the... Continue Reading
    ABSTRACT More than 100 years ago the UK house of Lords in the famous Solomon case established a maxism  that a company is a  separate legal entity distinct from its members. Thereby it determined the directions of modern company law and the nature of private limited companies similar doctrines are incorporated in the statutory provisions of... Continue Reading
    • Type:Project
    • ID:LAW0213
    • Department:Law
    • Pages:123
    ABSTRACT The traditional focus of International Law has been upon the rights and obligations of states while International Criminal Law regulates the conduct of individuals and also punishes those who commit heinous and barbaric crimes against others. The... Continue Reading
    • Type:Project
    • ID:LAW0033
    • Department:Law
    • Pages:150
    Abstract The traditional focus of International Law has been upon the rights and obligations of states while International Criminal Law regulates the conduct of individuals and also punishes those who commit heinous and barbaric crimes against others. The most prevalent of these crimes include genocide, crimes against peace, war crimes and crimes... Continue Reading
    • Type:Project
    • ID:LAW0157
    • Department:Law
    • Pages:120
    ABSTRACT The traditional focus of International Law has been upon the rights and obligations of states while International Criminal Law regulates the conduct of individuals and also punishes those who commit heinous and barbaric crimes against others. The most prevalent of these crimes include genocide, crimes against peace, war crimes and crimes... Continue Reading
    • Type:Project
    • ID:LAW0173
    • Department:Law
    • Pages:174
    ABSTRACT The traditional focus of International Law has been upon the rights and obligations of states while International Criminal Law regulates the conduct of individuals and also punishes those who commit heinous and barbaric crimes against others. The... Continue Reading
    • Type:Project
    • ID:LAW0027
    • Department:Law
    • Pages:150
    Call Us
    Get this work
    whatsappWhatsApp Us