AN APPRAISAL OF THE DOCTRINE AND PRACTICE OF SELF-DEFENCE IN INTERNATIONAL LAW


For more Public Law Project click here



TABLE OF CONTENTS

Title page
Abstract
Table of Contents
Table of Abbreviations
Table of Statutes
Table of Cases
Glossary

CHAPTER ONE: GENERAL INTRODUCTION
1.1       Background to the Study
1.2       Statement of the Problem
1.3       Aim and Objectives
1.4       Scope of the Study
1.5       Research Methodology
1.6       Justification
1.7       Literature Review
1.8       Organizational Layout

CHAPTER TWO: CONCEPTUAL CLARIFICATION
2.1       Introduction
2.2       The Meaning and Nature of Self-defence
2.3       The Meaning and Nature of War
2.4       The Meaning and Nature of Terrorism
2.5       The Meaning and Nature of    Customary International Law
2.6       The Meaning and Nature of Collective Defence
2.7       The Meaning and Nature of Reprisals
2.8       The  Meaning and Nature of Use of Force

CHAPTER THREE: THE DOCTRINE OF SELF-DEFENCE IN INTERNATIONAL LAW
3.1       Introduction
3.2       The Development of the Doctrine of Self-defence
3.2.1    The just war period
3.2.2    The positivist period
3.2.3    The Kellogg- Briand Pact period
3.2.4    The United Nations Charter period
3.3.      Self-defence in Customary International law
3.4.      Self-defence in the United Nations Charter
3.4.1    Origin of Article 51 of the United Nations Charter
3.4.2    Article 51 of the United Nations charter and some multilateral treaties
3.4.3    Interpretations of article 51 of the United Nations Charter
3.5       Relationship between Article 51 of the United Nations Charter and Customary International Law
3.6       Self-defence as means of protection
3.6.1    The right of territorial integrity
3.6.2    The right of political independence
3.6.3    The right to protection of economic interest
3.6.4    The right to protection of nationalities abroad
3.7       Conditions for the Exercise of Self-defence
3.7.1    Immediacy
3.7.2    Necessity
3.7.3    Proportionality
3.8       New Categories of Self-defence in International Law
3.8.1    Interceptive self-Defence
3.8.2    Anticipatory    Self-Defence
3.8.3    Preemptive Self –Defence

CHAPTER FOUR: THE PRACTICE OF STATES ON SELF-DEFENCE IN INTERNATIONAL LAW
4.1       Introduction
4.2       Policies of Some States on Self –Defence in International Law
4.2.1    United States
4.2.2    Australia
4.2.3    Russia
4.2.4    Japan
4.2.5    France
4.2.6    China
4.2.7    United Kingdom
4.2.8    Nigeria
4.2.9    Israel

CHAPTER FIVE: SUMMARY, FINDINGS, AND CONCLUSION
5.1       Introduction
5.2       Summary
5.3       Findings
5.4       Suggestions
            Bibliography



ABSTRACT

This dissertation 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.




CHAPTER ONE

GENERAL INTRODUCTION

1.1           Background to the Study

The doctrine of self-defence is one of the fundamental principles of International law.1

The doctrine of self defence is common to all systems of law, and generally, as a legal concept, the function and scope of Self-defence vary with the level of development of each legal system. Thus, International law which is characterized by lack of specialized machinery for the enforcement of International law and protection of the rights of member states has vested the individual member states the right to use force for the protection of certain essential rights.2

However, as International law advances, as its processes of enforcement and protection become more effective, the tendency is to allocate duty of protection to a centralized authority such as the United Nations Security Council, and to restrict the right of unilateral action by individual member states. However, no matter how effective the means of protection afforded by the centralized authority is, it will be necessary, for the protection of certain essential rights, and interests of the state to invest the states with the right of self defence until the enforcement machinery of the United Nations (UN) comes to their aid.3 It is difficult to envisage a legal system in which the prohibition of recourse to force has no exception in the form of the doctrine of self-defence. This is the justification of Self-defence in International law.......


For more Public Law Project click here


____________________________________________________________________________
This is a Postgraduate Thesis and the complete research material plus questionnaire and references can be obtained at an affordable price of N3,000 within Nigerian or its equivalent in other currencies.


INSTRUCTION ON HOW TO GET THE COMPLETE PROJECT MATERIAL

Kindly pay/transfer a total sum of N3,000 into any of our Bank Accounts listed below:
·         Diamond Bank Account:
A/C Name:      Haastrup Francis
A/C No.:         0096144450

·         GTBank Account:
A/C Name:      Haastrup Francis
A/C No.:         0029938679
After payment, send your desired Project Topic, Depositor’s Name, and your Active E-Mail Address to which the material would be sent for downloading (you can request for a downloading link if you don’t have an active email address) to +2348074521866 or +2348066484965. You can as well give us a direct phone call if you wish to. Projects materials are sent in Microsoft format to your mail within 30 Minutes once payment is confirmed. 

--------------------------------------------------------
N/B:    By ordering for our material means you have read and accepted our Terms and Conditions


Terms of Use: This is an academic paper. Students should NOT copy our materials word to word, as we DO NOT encourage Plagiarism. Only use as guide in developing your original research work.

Delivery Assurance
We are trustworthy and can never SCAM you. Our success story is based on the love and fear for God plus constant referrals from our clients who have benefited from our site. We deliver project materials to your Email address within 15-30 Minutes depending on how fast your payment is acknowledged by us.

Quality Assurance
All research projects, Research Term Papers and Essays on this site are well researched, supervised and approved by lecturers who are intellectuals in their various fields of study.
Share:

Search for your topic here

See full list of Project Topics under your Department Here!

Featured Post

Article: How to Write a Research Proposal

Most students and beginning researchers do not fully understand what a research proposal means, nor do they understand ...

Popular Posts