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Article Vol. 3 No. 5 (2020) PP. 1107 - 1120

Right to Self-Defence of States under International Law: A Conceptual Understanding

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Pukar Dahal
Kathmandu School of Law, Purbanchal University – Bhaktapur, Nepal
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Abstract

Right to Self-defense is recognized as an inherent right of sovereign states in the realm of international law. Under Article 51 of the UN Charter, the member States may resort to the use of force as: i) a self-defence against an armed attack or ii) if use of force has been authorized by the Security Council. However, exercising right to self-defence comes with its own limitations. This paper is an attempt to understand the concept of self-defence, its theoretical and legal dimension, and study its application and exceptions. The paper further provides an insight into two key concepts: legitimate right to self-defence and pre-emptive self-defence under international law. Moreover, the paper looks into different case laws decided by the International Court of Justice (ICJ) in relation to self-defence. Various secondary sources like books, research articles, and journals has been studied for the purpose of writing this paper

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International Journal of Law Management and Humanities, Volume 3, Issue 5, Page 1107 - 1120
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CC BY-NC 4.0 This is an Open Access article distributed under the terms of the Creative Commons Attribution–NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.
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The views and opinions expressed in this manuscript are those of the author(s) alone and do not reflect the views, policies, or position of the Journal.

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