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Paper Details

Reconciliation between the concept of right of self-defence and use of force: an analysis of Article 51 of the UN Charter and Carroline Correspondence

 Muhammed Asaduszzaman Nur

Journal Title:International Journal of Multidisciplinary Sciences and Advanced Technology
Abstract


Article 2 paragraph 4 of the United Nations Charter proclaims all member states shall refrain from the threat or use of force against the territorial integrity or political independence of any state. On the other hand Article 51 authorizes a state to recourse to use of force for self-defense individually or collectively if an armed attack occurs against it until the Security Council takes measures necessary to maintain international peace and security. In customary international law use of force for self-defence is regulated by necessity and proportionality principles which were authoritatively expressed in Carroline correspondence. These two principals are affirmed by the International Court of Justice in different judgments. The essay will examine how the right of self-defence is regulated under the Charter provisions and the Caroline correspondence and what does the armed attack requirement under Article 51 mean with case references. The essay will examine how the right of self-defence is regulated under the Charter provisions and the Caroline correspondence and how to reconcile them to justify to the use of force in exercise of right of self-defence.

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