Buchan, R. (2023) Non-forcible measures and the law of self-defence. International and Comparative Law Quarterly, 72 (1). pp. 1-33. ISSN 0020-5893
Abstract
The right of self-defence is usually presented as an exception to the principle of non-use of force. Conventional wisdom therefore holds that the right of self-defence can only be relied on to justify those measures constituting a threat or use of force. This article rejects that claim. It argues that self-defence is a general right under international law and, as such, can be invoked to justify all measures necessary to repel an armed attack regardless of whether they are forcible or non-forcible in nature. To support this argument, this article examines the genesis of the right of self-defence under customary international law, the text of Article 51 of the United Nations Charter, the structure of the United Nations Charter and State practice on Article 51.
Metadata
| Item Type: | Article |
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| Authors/Creators: |
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| Copyright, Publisher and Additional Information: | © The Author(s), 2022. Published by Cambridge University Press on behalf of the British Institute of International and Comparative Law. This is an author produced version of a paper subsequently published in International & Comparative Law Quarterly. Article available under the terms of the CC-BY-NC-ND license (https://creativecommons.org/licenses/by-nc-nd/4.0/). |
| Keywords: | public international law; self-defence; self-help; non-forcible measures; collective security; countermeasures |
| Dates: |
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| Institution: | The University of Sheffield |
| Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > School of Law (Sheffield) |
| Depositing User: | Symplectic Sheffield |
| Date Deposited: | 10 Feb 2023 14:26 |
| Last Modified: | 10 Feb 2023 14:26 |
| Status: | Published |
| Publisher: | Cambridge University Press (CUP) |
| Refereed: | Yes |
| Identification Number: | 10.1017/s0020589322000471 |
| Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:196284 |
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