Sardar M. A. W. K. Arif, Bushra Bannian, Syed Mudasser Fida Gardazi
{"title":"自卫使用武力原则与国际法:展望与展望","authors":"Sardar M. A. W. K. Arif, Bushra Bannian, Syed Mudasser Fida Gardazi","doi":"10.31703/gsssr.2022(vii-i).02","DOIUrl":null,"url":null,"abstract":"The law on “Use of Force in Self-Defense under International Law” aims to secure both state sovereignty and international peace. This is not only one of the most significant doctrines developed by the United Nations (UN) but is also most challenging to implement in true spirit as its interpretation often get spoliticised. The controversies spark not on the legality of self-defense but on proper identification of the circumstances under which it applies, and the debate continues till date (Azubuike, 2011). Hence changing interpretations of this norm by states continue to arise different response and threats every time this notion is applied. The present article is an effort to analyse the true meaning of the doctrine of \"use of force (UOF) in self-defense (SD)”, it highlights the scope of SD, and examines its various aspects. The article concludes that while the principles on UOF in SD are very well drafted, there exist an immense need to understand the applicability of this norm, the willingness of states to exercise it in its true spirit, and collective effort by states, international organizations, and the UN can prove effective in this respect.","PeriodicalId":253809,"journal":{"name":"Global Strategic & Securities Studies Review","volume":"97 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The Doctrine of Use of Force in Self-defense and International Law: Prospects and Contours\",\"authors\":\"Sardar M. A. W. K. Arif, Bushra Bannian, Syed Mudasser Fida Gardazi\",\"doi\":\"10.31703/gsssr.2022(vii-i).02\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The law on “Use of Force in Self-Defense under International Law” aims to secure both state sovereignty and international peace. This is not only one of the most significant doctrines developed by the United Nations (UN) but is also most challenging to implement in true spirit as its interpretation often get spoliticised. The controversies spark not on the legality of self-defense but on proper identification of the circumstances under which it applies, and the debate continues till date (Azubuike, 2011). Hence changing interpretations of this norm by states continue to arise different response and threats every time this notion is applied. The present article is an effort to analyse the true meaning of the doctrine of \\\"use of force (UOF) in self-defense (SD)”, it highlights the scope of SD, and examines its various aspects. The article concludes that while the principles on UOF in SD are very well drafted, there exist an immense need to understand the applicability of this norm, the willingness of states to exercise it in its true spirit, and collective effort by states, international organizations, and the UN can prove effective in this respect.\",\"PeriodicalId\":253809,\"journal\":{\"name\":\"Global Strategic & Securities Studies Review\",\"volume\":\"97 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-03-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Global Strategic & Securities Studies Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.31703/gsssr.2022(vii-i).02\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Global Strategic & Securities Studies Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.31703/gsssr.2022(vii-i).02","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
The Doctrine of Use of Force in Self-defense and International Law: Prospects and Contours
The law on “Use of Force in Self-Defense under International Law” aims to secure both state sovereignty and international peace. This is not only one of the most significant doctrines developed by the United Nations (UN) but is also most challenging to implement in true spirit as its interpretation often get spoliticised. The controversies spark not on the legality of self-defense but on proper identification of the circumstances under which it applies, and the debate continues till date (Azubuike, 2011). Hence changing interpretations of this norm by states continue to arise different response and threats every time this notion is applied. The present article is an effort to analyse the true meaning of the doctrine of "use of force (UOF) in self-defense (SD)”, it highlights the scope of SD, and examines its various aspects. The article concludes that while the principles on UOF in SD are very well drafted, there exist an immense need to understand the applicability of this norm, the willingness of states to exercise it in its true spirit, and collective effort by states, international organizations, and the UN can prove effective in this respect.