Showing posts from October, 2022

‘The prohibition of the use of force in Article 2(4) of the UN Charter is a strict one, and calls to widen the scope of self-defence should be resisted.’ Discuss.

Article 2(4) encompasses the customary international law of prohibition on use of force, with self-defence as a contentious exception to the principle. This essay will argue that: (1) Article 2(4) is a strict prohibition, (2) discuss arguments in favour of the statement and (3) discuss arguments challenging the statement. Overall, it can be concluded that widening the scope of self-defence could lead to abuses of power and uncertain laws, and therefore calls to expand the scope of the exception should be resisted.  Article 2(4), as confirmed in the Nicaragua case, is a rule of customary international law, applying to all states. It is a “cornerstone of the United Nations Charter” (Armed Activities) that prohibits the “threat or use of force against the territorial integrity or political independence of any state”. There are two exceptions to this strict prohibition. Firstly, the Security Council’s power under Chapter VII to authorise force and secondly, the right to invoke self-defence


London Law Tutor (LLT) is 10 years old today, an age encompassing incremental growth, intellectual depth, coupled with diverse global expertise. LLT’s relentless pursuit of academic and professional excellence has meant that we have learned, inspired and empowered over the years. As we now look to the next 10 years, our ambition is to continue shaping and empowering lives globally. (all subjects and levels of study) Law Tutors Online ,  Top Law Tutors Online ,   UK Law Tutor ,  UK Law Teacher ,  UK Law Notes ,   Manchester Law Tutor ,  Birmingham Law Tutor ,  Nottingham Law Tutor ,  Sheffield Law Tutor ,  Oxford Law Tutor,   Oxbridge Law Tutor ,   Cambridge Law Tutor ,  Bristol Law Tutor ,  Liverpool Law Tutor ,  Edinburgh Law Tutor ,  Glasgow Law Tutor ,  Belfast Law Tutor ,   Dublin Law Tutor ,   Toronto Law Tutor ,  Vancouver Law Tutor ,  Montreal Law Tutor ,   New York Law Tutor ,  Sydney Law Tutor ,  Melbourne Law Tutor ,