Usage of Coercive Means

1369 Words6 Pages
Usage of coercive means The definition of the concept offered by the UN Charter is the following: “All members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the purposes of the United Nations” . The purpose of this rule was to prevent states from resorting to constraints in the eventuality of a conflict of any kind. Employing the usage of coercive means of force against the jurisdiction and the statal coherence is nowadays prohibited on the grounds of the non-belligerent doctrine , a fundamental concept of contemporary international law; likewise, armed aggression is regarded as the most severe international crime. Yet, international law allows the resort to force as a last resort for counteracting aggression acts . Consequently, states are allowed to use force against other states in cases of severe breach of international legitimacy, for the protection of their own territorial integrity, independence and sovereignty, and for sanctioning the aggressor, who are thus, in a sense, entitled to adopt in their territory adequate measures, allowing the accomplishment of the purposes mentioned. In accomplishing one of its chief functions, that of maintaining peace and international security, the UN Chart comprises a complex system of collective sanctioning of the aggressor by the Member States, meant to ensure the reestablishment of international legitimacy, the elimination of acts of aggression and their consequences, the restoration in right of the damaged state and the prevention of other breaches. Similar systems, ensuring international security, function on a regional level, in the cas... ... middle of paper ... ...e International Court of Justice. References ACADEMIE DE DROIT INTERNATIONAL DE LE HAYE, 1990. Recueil des Cours - Collected Courses. Martinus Nijhoff Publishers. ANTONOPOULOS, Constantine, 2011. Counterclaims before the International Court of Justice. Springer. ARBITRATION UNDER ANNEX VII OF THE UNITED NATIONS CONVENTIONS ON THE LAW OF THE SEA. “Republic of Guyana v Republic of Suriname” 2006. Accessed 11 November 2013 http://arbitrationlaw.com/files/free_pdfs/Guyana%20v%20Suriname%20-%20Rejoinder%20Vol%201.pdf AIZENSTADT, Alexander, 2011. Guyana v Suriname Boundary Arbitration. Max Plank Encyclopedia of Public International Law. CAPPELETTI, Mauro, ed., 1987. International Encyclopedia of Comparative Law, 2nd vol. Lancaster: Martinus Nijhoff Publishers. DINSTEIN, Yoram, 2005. War, Aggression and Self-defense, 4th edition. Cambridge: Cambridge University Press.

More about Usage of Coercive Means

Open Document