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 ...
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As a result there is significant uncertainty regarding whether or not a rule of customary international law is created and where a rule of customary international can be found.1 Even so, it has been argued that custom is a valid source of international law because it is derived from state agreement.
These elements include: population (people), territory, government, and the capacity to enter into relations with other states. Other elements have been included, but the above four are the basic requisites and are respected and recognized by all countries as determinants of statehood.
However, when the question is asked if international law is really “Law,” the intention is not to essentially inquire as to whether or not international law is actually natural law, for this cannot be proven even by adherents of the natural law tradition.
States build fortresses to defend themselves from marching legions. With the same motive of self-preservation, states also forge alliances to help them ward off potential invaders. Fast forward to the 21st century, sovereign states are no longer threatened by wars waged by an invading enemy.
In addition, the humanity witnessed the failure of UN Security Council, NATO, International Criminal Court, and many other conventions and organisations to control the use of economic and military power by the US and its allies in the name of ‘preventive war’, in stark contradiction with the meaning and ethos of all the measures taken by the international community after the World War II to save succeeding generations ‘from the scourge of war’.
.......................... 2 Overview of the sources of international law..................................................... 2 Treaties............................................................................................................... 3 International Customs.
ds the members of the community together in their adherence to recognised values and standards….Law consists of a series of rules regulating behavior, and reflecting, to some extent, the ideas, and preoccupations of the society within which it functions.”1 Since inception of
??international law” has fuelled academic debate regarding its interpretation, parameters and whether it in fact hinders measures to maintain international order.1 Additionally, notwithstanding the theoretical importance of international law making in areas such as human
istent conduct, then these states may be performing in that manner, for the reason that they owe to themselves a good judgment of legal obligation – as expressed in the Latinism, opinio juris. International law on its part can aptly be considered as a system of rules or
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