VidhiAagaz
International Journal ofLaw Management & Humanities
ISSN 2581-5369 · Open access
International Journal ofLaw Management & Humanities
Open accessArticleVol. 3 No. V (2020)pp. 1107–1120

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

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Pukar DahalKathmandu School of Law, Purbanchal University – Bhaktapur, Nepal
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Published 5 November 2020 · pp. 1107–1120 · Vol. 3 No. V (2020)
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

Keywords
Use of ForceRight to Self-defenseInternational lawArmed attack

How to cite

Pukar Dahal, Right to Self-Defence of States under International Law: A Conceptual Understanding, 3 Int'l J. L. Mgmt. & Human. 1107 (2020).

Cite this article

Pukar Dahal, Right to Self-Defence of States under International Law: A Conceptual Understanding, 3 Int'l J. L. Mgmt. & Human. 1107 (2020).
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