Document Details

Document Type : Article In Journal 
Document Title :
The Relationship between the Right of Self-Defence on the Part of States and the Powers of the Security Council
العلاقة بين حق الدفاع الشرعي من جانب الدول وصلاحيات مجلس الأمن
 
Subject : Law 
Document Language : Arabic 
Abstract : A great deal of attention has been paid by the writers of international law to the interpretation of Article 51 of the UN Charter. The most frequently canvassed issues have included the question of what is meant by an armed attack and whether self-defence is available only if such an attack occurs. And, the criteria of necessity and proportionality. Central to such matters is the crucial relationship between Article 51 and the rules of customary international law. It is clear that under customary international law. no reporting does not affect the validity of action taken in self-defence because there is no duty but only an expectation that a state should comply with the Charter requirement. However, Article 51 was introduced into the draft of the Charter of the UN at a late stage at the insistance of Latin American states not to safeguard the right of individual self-defence but to preserve the efficacy of collective security arrangements. Article 51 was drafted on the assumption that the council would be able to respond rapidly to a Situation falling within Article 51, the history of the UN has, for the most part demonstrated the council's incapacity to function effectively. The problem with this assessment is that the actions taken by the council in a particular case are not dictated by legal criteria indicated in Article 51 but by what is politically feasible. It is possible, if not likely there will be a significant gap between the scope of the measures agreed upon by the council and what is regarded as an appropriate objective for the exercise of the right of self-defence from the point of view of the state exercising that right. 
ISSN : 1319-0997 
Journal Name : Economics and Administration Journal 
Volume : 9 
Issue Number : 1 
Publishing Year : 1416 AH
1996 AD 
Article Type : Article 
Added Date : Sunday, October 11, 2009 

Researchers

Researcher Name (Arabic)Researcher Name (English)Researcher TypeDr GradeEmail
عمر أبو بكر باخشبOMAR ABUBAKAR BAKHASHABResearcher  

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