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Discuss the notion of self defence in international law, particularly in the context of the 'war on terror' Essay Example

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Discuss the notion of self defence in international law, particularly in the context of the 'war on terror'

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America’s attack has caused various debates among legal experts in relation to concerns on compliance with international standards. One of the main issues in this debate has revolved around whether or not a person has to strictly interpret the legal basis of the Charter or whether or not there can be a more lenient or flexible application of the rules in relation to the current changes in the global community (Bring and Fisher, 2004). The settlement of this debate has been based on a positivist approach to international law. This positivist approach points out that international law are standards which must be interpreted as set rules for similar scenarios, and therefore must be respected by all states. Another approach is the realistic approach which mandates international laws as a way of fulfilling goals and securing some values on the other (Sahmoudi, 2010). The positivist approach is supported by those who believe in the need to control expansion and the use of force and selfish interests (Crossley, 2008). The realistic approach theorists base their perceptions on concepts of human dignity; they justify the use of force as a means of confronting an evil power (Crossley, 2008). In the current context, this paper shall now consider the application of self-defence in the face of the present war against terrorism. Its legality and its appropriate applications shall be evaluated in this paper. Decisions of the International Court of Justice, as well as opinions rendered by legal scholars the court shall also be discussed.After the September 11, 2001 attacks on the US, the UN Security Council immediately passed a resolution which basically condemned the attack. The Security Council also reiterated its goal of opposing all threats on national and international security initiated by terrorist organizations (Berdal, 2003). It also acknowledged the right of states to collective self-defence in accordance with the principles of the Charter. In this resolution, the Security Council also expressed its readiness to carry out the necessary actions to counter the terrorist attack and to fight all kinds of terrorism in accordance with the concepts laid out in its Charter (Berdal, 2003). NATO Member states also decided to seek an application of Article V of its Statute and to declare the attack on the US as an assault

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preview essay on Discuss the notion of self defence in international law, particularly in the context of the 'war on terror'
  • Pages: 9 (2250 words)
  • Document Type: Essay
  • Subject: Law
  • Level: Undergraduate
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