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INTERNATIONAL LAW - Essay Example

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In addition, the analysis used the UN charter of 1945 carefully verified with the version available in the United Nation official webpage in . The UN…
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INTERNATIONAL LAW
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INTERNATIONAL LAW

Article 51 of the UN Charter of 1945 recognizes that members of the UN have “inherent rights” to “individual and collective defence” during an armed attack but measures taken by member nations in the exercise of self-defence are required to be immediately reported to the UN Security Council. At the same time, Article 51 of the UN Charter clearly says that the measure taken by member states of the United Nations will not in any way affect the “authority and responsibility” of the UN Security Council provided for under the UN Charter to take action to maintain or restore international peace and security. Article 51 of the UN Charter, however, bestow authority to the UN Security Council to take action for maintaining or restoring international peace and security, as the UN Security Council deems necessary and at any time.
Thus, while nations and collectives of nations have inherent right to self-defence, Article 24 of the UN Charter clearly assigns to the UN Security Council the “primary responsibility for the maintenance of international peace and security”. In other words, while member nations may have the right to individual defense, it can be viably argued that under the UN Charter, the primary responsibility for “international peace and security” remains with the UN through the UN Security Council. It follows that the extent to which a nation can exercise action based on self-defence can be effectively constrained by the UN Security Council.
Similarly, it can be credibly and viably be asserted that the preamble of the UN charter requires that all nations observe the rule that “armed force shall not be used, save in the common interest”. Under Article 39 of the UN Charter, however, other than the UN Security Council, the UN granted no other party the right to “determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide ... Read More
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