Search results for "use of force"
showing 10 items of 11 documents
The Russian annexation of the Crimea: questions relating to the use of force
2014
International audience
Capitolo VIII della Carta dell’ONU e modelli di azione militare regionale
2019
This contribution deals with relations between regional organizations and the UN Security Council under Chapter VIII of the UN Charter. In this respect, the most recent trends are a shift from subsidiarity to a more equal partnership between these two subjects. The two models of action by delegation or authorization of the Security Council are in fact autonomous. This is demonstrated by the preparatory works of the UN Charter and subsequent practice. The model of authorized regional action enriches the range of instruments that the United Nations Charter provides for the maintenance of peace and collective security.
The Modern Strategies in the Cyber Warfare
2018
As there is no generally accepted definition for cyber warfare, it is a term that is quite liberally used in describing events and actions in the digital cyber world. The concept of cyber warfare became extremely popular from 2008 to 2010, partly superseding the previously used concept of information warfare which was launched in the 1990s. For some, cyber warfare is war that is conducted in the virtual domain. For others, it is a counterpart to conventional “kinetic” warfare. According to the OECD’s 2001 report, cyberwar military doctrines resemble those of so-called conventional war: retaliation and deterrence. Researchers agree with the notion that the definition of cyberwar should addre…
L'intervento francese in Mali si basa su un'autorizzazione del Consiglio di Sicurezza?
2013
Il lavoro affronta la questione del fondamento giuridico dell'intervento militare della Francia nel Mali del gennaio 2013, soffermandosi in particolare sulla questione se tale fondamento possa essere rintracciato in un'autorizzazione implicita del Consiglio di Sicurezza delle Nazioni Unite.
‘The Iraq War Momentum’ in the Struggle on the Powers of the US Congress
2019
How parliaments and legislatures participate in war-making has raised interest among researchers from different disciplines, including constitutional law and political science. While war powers are usually considered to be included in the field of the executive branch, parliaments have played an increasingly relevant role as more democratic decision-making in both normal and exceptional times has gained prominence. The comparative aspect to examine war powers between parliaments or between the branches of government is often adopted to describe the authority and legitimacy of these powers. The US Congress is considered to have strong war powers on paper compared to parliaments in other libe…
Has Pandora's Box Been Closed? The Decisions on the Legality of Use of Force Cases about the Status of the Federal Republic of Yugoslavia (Serbia and…
2006
In its judgments on the preliminary objections in the Legality of Use of Force cases, the Court held that the FRY was not a UN member in the period between 1992 and 2000. This finding is controversial, at odds with previous decisions of the Court, and has indeed attracted criticism from various judges. This article proposes a different construction of the question of the FRY's membership within the UN and reviews arguments that allow doubts to be cast on the reasoning of the Court. Because of the link between UN membership and the FRY's participation in the Genocide Convention, the Court's finding in the Legality of Use of Force cases may have some implications for two sets of proceedings s…
El uso de la fuerza contra el Estado Islámico en Irak y Siria: problemas de fundamentación jurídica
2017
Current military campaign against the Islamic State in Iraq and Syria raises the question of the admissibility of the right to use force in self-defence against attacks by non-State actors in other States. International law in this area remains controversial and State practice ambiguous and inconsistent. This article analyses the legal basis invoked by States to justify their military operations against ISIL. Consent provided by the Iraqi government is lacking in the case of Syria, leaving only self-defence as feasible legal basis. The broad support for the use of force against Islamic State sides with conflicting views regarding the need of territorial State consent to the use of force on …
Attività di impiego e di testing di armi anti-satellite e diritto internazionale
2022
Anti-satellite weapons (ASAT) are one of the major challenges to international security in the «Fourth Domain», namely outer space. This was proved by the test made by Russia in November 2021 and the reaction of the international community. The present testing of said arms against its own satellites, as well as the future and probable operating use of said arms against satellites of other States, raises the problem of their compatibility with international law. In particular, it is being debated in various international fora the legality of ASATs, whose use can generate space debris further congesting terrestrial orbits, thus interfering (and jeopardizing) the activities of other States. Th…
NEITHER AUTHORIZED NOR PROHIBITED? SECESSION AND INTERNATIONAL LAW AFTER KOSOVO, SOUTH OSSETIA AND ABKHAZIA
2008
The flexibility mechanisms introduced by the Kyoto Protocol on climate change promote the realization of climate change related investment projects which aim to contribute both to the fight against climate change as well as to foster sustainable development patterns in host countries. At first glance, the flexibility mechanisms seem to represent paradigmatic examples of green economy instruments which have numerous potential benefits. However, the implementation of such mechanisms may give rise to some negative environmental externalities which have the consequence of creating a new type of investment versus environment conflict, characterized by a new form of conflict with an internal envi…
A normative ‘due process’ in the creation of States through secession
2006
The choice and/or the balancing between effectivess and legality in the creation of States is, today, one of the most hotly debated issues in the international legal scholarship. Should a state-like entity formed in breach of the peremptory norm prohibiting the use of force or of the principle of self-determination (not) be considered as a State for the purposes of international law? The answer differs according to what theoretical premises are adopted. For those who believe that the State is a social person, and its creation basically a historical occurrence, the law cannot cancel its very existence. On the other hand, if State-creation is also a matter of law, one might agree that “[a]n a…