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 |