AN APPRAISAL OF THE DOCTRINE AND PRACTICE OF SELF-DEFENCE IN INTERNATIONAL LAW
- Project Research
- 1-5 Chapters
- Abstract : Available
- Table of Content: Available
- Reference Style: FOOTNOTE / ENDNOTE
- Recommended for : Student Researchers
- NGN 3000
ABSTRACT
This study employs the doctrinal method of research to appraise the doctrine of Self defence as one of the fundamental principles of International law, and as one of the exceptions to the prohibition on the use of force. To this end, this dissertation centers on Article 51 of the United Nations Charter which provides for the right of self defence in International law. The dissertation contends that the provisions of Article 51 have generated some controversies among scholars of International law. These controversies have tended to obscure the scope of self defence in International law. The major problem of this research is that it is not clear whether Article 51 has abrogated or preserved the doctrine of anticipatory Self defence in Customary International law. This problem has been complicated by the use of the phrases ‘inherent right of individual or collective self defence’ and ‘armed attack’ in Article 51. The question therefore is that ‘does international law expect a State to do nothing where it is a target of an imminent attack’? The objective of this dissertation therefore is to examine the relationship between Article 51 and rules of customary International Law, and the circumstances in which the right of self defence can be exercised. The dissertation makes some findings by submitting that the doctrine of preemptive Self defence is contrary to Articles 2(4) and 51 of the Charter which prohibits unilateral use of force. Furthermore, both Article 51 and customary international law provide different rules for the exercise of the right of self defence .The writer suggests that there is urgent need for an amendment of Article 51 to bring it in line with current global challenges to global security. The phrase ‘armed attack’ should be well defined and the concept of collective self defence should be deleted from Article 51.
Related Project Materials
SOUTH EAST FEDERAL UNIVERSITY STUDENT'S PERCEPTION OF ONLINE EDUCATION AMIDST COVID-19 LOCKDOWN
The outbreak of the COVID-19 pandemic in December 2019 caused by severe acute respiratory syndrome coronavirus 2 (SARS- CoV-2) caused unprecedented...
IMPORTANCE OF DICTION IN NEWSCASTERS IN DELIVERING EFFECTIVE NEWS AND PROGRAMMES TO THE AUDIENCE
ABSTRACT
The primary objective of this study is to investigate the significance of diction employed by...
AN ANALYSIS OF JUDICIAL PROTECTION OF HUMAN RIGHTS IN NIGERIA: ISSUES AND CHALLENGES
ABSTRACT
Generally, the protection and promotion of human rights is a core function of the three terms of government to wit: The executiv...
BACTERIAL FORAGING ALGORITHM BASED TUNING OF ON-LOAD TAP CHANGING TRANSFORMER FOR VOLTAGE REGULATION IN POWER TRANSMISSION NETWORK
ABSTRACT
The control of voltage level has been identified as one of the most important operational
needs for...
THE EFFECT RATE OF FERTILIZER APPLICATION ON VEGETABLE (TELFAIRIA OCCIDENTALIS)
ABSTRACT
Field trials were conducted at the Imo poly Farm, Imo State Polytechnic Umuagwo in 2014 to determine the effect...
A STUDY OF THE IMPACT OF ONLINE GAMES AMONG STUDENTS
Background of the study
The Internet has transformed the world by changing people access to information...
IMPACT OF SANITARY LANDFILLS TOWARDS SUSTAINABLE DEVELOPMENT IN NIGERIA
Abstract
Landfills have for long been generally thought to have diminutionary effect on residential property values. Va...
IMPACT OF TRUE AND FAIR VIEW ON AUDITOR’S REPORT
ABSTRACT
This research work aimed at examining the impact of true and fair view on auditor&rsqu...
THE ROLE OF ANIMAL-ASSISTED THERAPY IN EARLY CHILDHOOD DEVELOPMENT
ABSTRACT: The role of animal-assisted therapy in early childhood dev...
ATTITUDE OF FARMERS TOWARDS PAYING FOR AGRICULTURAL EXTENSION SERVICES
ABSTRACT
The study assessed the attitude of farmers towards paying for agricultural extension services in Kaduna State....
