Book contents
- Frontmatter
- Contents
- Acknowledgements
- List of Contributors
- 1 Building Peace in the Era of Three Waves
- 2 The Problem of Peace: Understanding the ‘Liberal Peace’
- 3 Pre-emptive Self-defence New Legal Principle or Political Action?
- 4 Beyond Criminal Justice: Promoting the Rule of Law in Post-Conflict Societies
- 5 Peace by Pact: Data on the Implementation of Peace Agreements
- 6 Refugee Repatriation as a Necessary Condition for Peace
- 7 Catapulting Conflicts or Propelling Peace: Diasporas and Civil Wars
- 8 UN Peace Operations as Norm Entrepreneurs: The Challenge of Achieving Communicative Action on Human Rights
- 9 To Practice What They Preach: International Transitional Administrations and the Paradox of Norm Promotion
- 10 Re-examining the Roots of War in West Africa in a Globalizing World
- 11 The African Union (AU) and Its Commitment to Non-Indifference: Can the AU be an Actor for the Promotion of Human Security?
- 12 Hamas Between Sharia Rule and Demo-Islam
- 13 Environmental Scarcity and Intrastate Conflicts: The Case of Nepal
- 14 Narcotics: The New Security Threat for China
- References
- Bibliography
3 - Pre-emptive Self-defence New Legal Principle or Political Action?
Published online by Cambridge University Press: 05 March 2012
- Frontmatter
- Contents
- Acknowledgements
- List of Contributors
- 1 Building Peace in the Era of Three Waves
- 2 The Problem of Peace: Understanding the ‘Liberal Peace’
- 3 Pre-emptive Self-defence New Legal Principle or Political Action?
- 4 Beyond Criminal Justice: Promoting the Rule of Law in Post-Conflict Societies
- 5 Peace by Pact: Data on the Implementation of Peace Agreements
- 6 Refugee Repatriation as a Necessary Condition for Peace
- 7 Catapulting Conflicts or Propelling Peace: Diasporas and Civil Wars
- 8 UN Peace Operations as Norm Entrepreneurs: The Challenge of Achieving Communicative Action on Human Rights
- 9 To Practice What They Preach: International Transitional Administrations and the Paradox of Norm Promotion
- 10 Re-examining the Roots of War in West Africa in a Globalizing World
- 11 The African Union (AU) and Its Commitment to Non-Indifference: Can the AU be an Actor for the Promotion of Human Security?
- 12 Hamas Between Sharia Rule and Demo-Islam
- 13 Environmental Scarcity and Intrastate Conflicts: The Case of Nepal
- 14 Narcotics: The New Security Threat for China
- References
- Bibliography
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
- Globalization and Challenges to Building Peace , pp. 39 - 54Publisher: Anthem PressPrint publication year: 2007