The Use of Force and the International Legal Order

Gray, Christine

doi:10.1093/he/9780199565665.003.0021

Cited by 21 publications

(9 citation statements)

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“…263 Such Egyptian conduct also defeats the core of UN Charter and AU commitments of the Country as deploying, or threatening to deploy, military force to promote economic or other interests of a state is firmly prohibited in contemporary international law. 264 Yet it was/is not clear whether the threatening statements made by Egyptian politicians in particular where mere political rhetoric or steps taken as part of a concrete and planned state action. 265 In recent months, however, 'Ethiopia has accused Egypt and Eritrea of destabilizing its stability by supporting outlawed rebels and stoking an unprecedented wave of protests that has led the government to declare a six-month state of emergency,' 266 an allegation swiftly denied by Egypt.…”

Section: Gerd's Procedural Fairnessmentioning

confidence: 99%

The Fairness ‘Dilemma’ in Sharing the Nile Waters: What Lessons from the Grand Ethiopian Renaissance Dam for International Law?

Yihdego

2017

BRP Int Water Law

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This monograph enquires into the fairness dilemma in connection with the construction of the Grand Ethiopian Renaissance Dam (gerd) in light of relevant colonial-era Nile treaties, post-1990 Nile framework instruments, and international watercourses law. Thegerdis now afait accompli, but fairness considerations will continue to be vital issues in its completion, filling, and operation. The monograph argues that thegerdis a symbol of a fair share of the Nile waters by Ethiopia, the realization of which depends on,inter alia, an appropriate economic return, benefit sharing and prevention of significant impacts. The monograph also calls for a process to address the issue of unfair agreements, and argues that, although fairness application can be complex, the notions of procedural fairness and distributive justice can be applied to define and delineate the principle with reference to a specific treaty regime.

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Section: Gerd's Procedural Fairnessmentioning

confidence: 99%

The Fairness ‘Dilemma’ in Sharing the Nile Waters: What Lessons from the Grand Ethiopian Renaissance Dam for International Law?

Yihdego

2017

BRP Int Water Law

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“…Most scholars have argued that to rescue nationals is an excise of the right to self defense, not a kind of humanitarian intervention, because population is part of a country and attacks on nationals of a country can be regarded as attacks on the state (Eichensehr, 2008). Some even claim that since 1960, rescue action has become features of modern states' practice (Defensor-Santiago, 2013), and the intervention initially limited only to western countries has now become general, and also in most cases, those interventions have faced not the challenges based on principles but only those based on the excuse of facts or proportionality (Gray, 2010). But some scholars think that the security of a country is not threatened when its nationals abroad was under an armed attack, so the existence of such a right would be likely to blur any stipulation of self defense, and lead to similar state action (Crawford, 2012), and thus cause the evil consequence contradicting with the purpose of international peace and security.…”

Section: Russia's Use Of Force Not Belong To Individual Self Defensementioning

confidence: 99%

Crimea’s Independence from Ukraine and Incorporation into Russia: The Unlawfulness of Russia’s Use of Force

Yue¹

2016

BLR

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Crimea's independence from Ukraine and merging with Russia is an incident of great geopolitical significance after the Cold War, which took place against the background of the long-term geopolitical struggle. Russia used force in the incident, which Russia tried to justify mainly with grounds of protecting its nationals and having been invited by both president Yanukovych and the local government of Crimea. But the grounds cannot prove that Russia's use of force accords with the exceptions to the principle of prohibition of the use of force addressed in the UN Charter or conforms to the already disputed relevant principles of "intervention by invitation" and so Russia's use of force is illegal. This article presents a comprehensive and deep analysis of the illegality of Russia's use of force in the event and therefore, will not only provide convincing legal grounds for the illegality of Crimea's independence from Ukraine and incorporation into Russia, but also be helpful for assessing the future development of strategic relations between Russia and the west in particular and even between powers in general.

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“…Both nations were strongly opposed to NATO intervention in Kosovo because they believed that it would only further expand US hegemony within the international community. On the basis of the traditional approaches to the interpretation of customary rules, treaties and secondary rules, and in accordance with the Legal Positivist approach, the intervention was unlawful: in other words, illegal (Gray, 2003;Teson, 2009). The historical background of the problem and SC resolutions of the case of Libya: The starting point of the Libya protests surely owed to the rebellions in Tunisia and Egypt, which succeeded in toppling the leaders of both during the protests, many people were injured in a clash with security forces, and 3 people were killed on 16 February, in the eastern Libyan city of Benghazi.…”

Section: Introductionmentioning

confidence: 99%

The Legality of Humanitarian Intervention: The Cases of Kosovo and Libya

Erendor¹

2016

J. Secur. Stud. Glob. Polit.

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Humanitarian intervention is the one of the most critical concepts with respect to legality and legitimacy. Although, there is no common definitions, theorists or international community defines it as violations of human rights. The main aim of this study is to argue that the international community has the responsibility to intervene to prevent a humanitarian crisis. This research also attempts to clarify the legality and legitimacy of humanitarian interventions which are limited to cases of threats to international peace, security and where there exists prior authorization by the UNSC. The article argues that humanitarian interventions should only be established under the authorization of the UNSC; and that when violation of human rights is interpreted as a threat to international peace and security, if an intervention has been authorized by the SC, it is legal.

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The Use of Force and the International Legal Order

Cited by 21 publications

References 0 publications

The Fairness ‘Dilemma’ in Sharing the Nile Waters: What Lessons from the Grand Ethiopian Renaissance Dam for International Law?

The Fairness ‘Dilemma’ in Sharing the Nile Waters: What Lessons from the Grand Ethiopian Renaissance Dam for International Law?

Crimea’s Independence from Ukraine and Incorporation into Russia: The Unlawfulness of Russia’s Use of Force

The Legality of Humanitarian Intervention: The Cases of Kosovo and Libya

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