CHANAKYA NATIONAL LAW UNIVERSITY,

NAYAYA NAGAR, MITHAPUR, PATNA-800001

A ROUGH DRAFT SUBMITTED IN PARTIAL FULFILLMENT OF THE COURSE

Public International Law, 5thSemester during the Year 2020-21

SUBMITTED BY:
AMIT DIPANAKAR
Roll No. – 20181609
B.B.A LL.B

SUBMITTED TO:

Mrs. Sugandha Sinha

Faculty of Public International Law

JANUARY, 2019
CHANAKYA NATIONAL LAW UNIVERSITY,
NAYAYA NAGAR, MITHAPUR,
PATNA-800001

Controversial grounds of use of force-21 st century

INTRODUCTION
The use of force is undoubtedly among the most debated topics within international law as well
as international relations. Indeed, the rules concerning the use of force form a central part of the
international legal system, and, together with other fundamental principles, they have for a long
time provided the framework for organized international intercourse and successful coexistence
of states. The circumstances in which the use of force might be justified concerned already the
earliest legal writers, for example, Aristotle and Cicero, and the topic has remained at the centre
of political and legal debates since those early times. Both domestic societies and the
international community need to limit and regulate the use of force in order to secure peaceful,
harmonious and mutually beneficial co-existence of individuals or states within the respective
societies or the international community. The domestic legal systems have generally managed to
monopolise the use of force in favour of the governmental institutions, which means that people
have given up their right to use force, save for self-defence, in return of the guarantee that the
mentioned institutions will instead protect their person and property. The international legal
system has attempted to move in the same direction since the end of the First World War, but,
due to its characteristic features, the task has proved quite difficult.
OBJECTIVE

As should be pretty clear by now, legally, it is not easy to use force against another state without
provocation. The law has evolved from allowing conflict except where specifically forbidden by
mutual agreement, to the current state of preventing the use of force in all but a select few
permitted circumstances.
Currently, there are two such circumstances: self defence and collective action under Chapter VII
of the Charter of the United Nations in order to preserve international peace and security. Peace
treaties and cease fire agreements are still very important, but are usually treated with no more
respect than their historical counterparts. Also, to describe the current legal regulation of the use
of force and then to analyse the recent developments and their influence on the legality of the use
of force by states.

METHODOLOGY

The present study is mainly a doctrinal and analytical. Keeping this in view, the study has gone
through different books, journals, web references, E-journal, reports etc. The relevant material is
collected from the secondary sources, materials and information are collected both legal sources
like books.
 TABLE OF CONTENTS

 INTRODUCTION
 OBJECTIVE
 METHODOLOGY
 BACKGROUND
 TREATIES
 THE LEAGUE OF NATIONS
 THE UNITED NATION
 PROHIBITION
 KELLOG BRIAND PACT
 ARTICLE 2(4) CHARTER OF THE UNITED NATIONS
 EXCEPTIONS
 SELF DEFENCE
 COLLECTIVE ACTION
 SECURITY COUNCIL ENFORCEMENT ACTIONS
 PROBLEMATIC ISSUES AND RECENT DEVELOPMENTS
 DEFINITION OF ARMED ATTACK
 ANTICIPATORY OR PRE-EMPTIVE
 Anticipatory self-defence
 Pre-emptive self-defence
 PASSING A RESOLUTION
 CONCLUSION
 SUGGESTION
BIBLIOGRAPHY

http://www.un.org/aboutun/charter/chapter7.htm

http://www.un.org/aboutun/charter/chapter1.htm

http://www.un.org/aboutun/charter/chapter7.htm

http://www.un.org/aboutun/charter/chapter1.htm

 Freeman, M D A Lloyd's Introduction to Jurisprudence

 Shaw, M N International Law (5th Edition, Cambridge University Press,
2005)
 The lectures of Professor R. Piotrowicz, Professor C Harding, and M.
Odello and the Seminars of N. Szablewska