Is Article 51 Of The Un Charter Inherent In Nature?

[ravjay]

What does this mean, and what are the implications for the scope of the right in international law?

[Zacs-Master]

Have a read of this:
http://www.mythsandfacts.org/media/user/documents/article51.pdf

[Peter Pedant]

I imagine you are doing this for course work in International Law
I can t ell you straight off that there is no one on this thread who knows any.

inherent in nature - means was the right there before the treaty and and the charter was re iterating a known right or did it creat one fresh ?

and the answer is - it was there before so you now have to access cases decided before 1945 - I did international law in 1973 and I dont know any - Japan invading Manchuria is probably one ( c 1936 )

then you have to review the cases of self defence since 1945 and decide/argue if there is any change

ZM's ref is VERY one sided but will give you refs on SOME of the cases whcih you have to read and see what others are cited ....

Good Luck

[ravjay]

Hi Peter,
what i meant by inherent, is whether article 51 exerts a character of permanence, in which states have to oblige by following it.
However i do notice that several states decide to depart from this principle by construing this in a very broad manner, to include instances such as pre-emptive self defence. But im not sure if im on the right track here.
Any ideas would be greatly appreciated :)

[ravjay]

thank you ZM, will check it out

[Peter Pedant]

not sure of the answer to your supplementary.