David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
Thomas Franck believes that the strict constraints imposed by the UN Charter on military intervention in other countries have become too constraining and that, so long as the Charter text remains unrevised, we should condone violations of these rules as legitimated by a jurying process. The relevant UN Charter constraints he seeks to subvert are two in particular. First, the Charter suggests that, outside the UN system, military force may be used across national borders only in “individual or collective self-defense if an armed attack occurs against a Member of the United Nations, until the Security Council has taken measures necessary to maintain international peace and security” (Article 51). Apart from this, “All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations” (Article 2(4)). Second, regarding the use of force by the UN itself, the Charter proclaims that “Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state or shall require the Members to submit such matters to settlement under the present Charter; but this principle shall not prejudice the application of enforcement measures under Chapter VII” (Article 2(7)).1..
|Keywords||No keywords specified (fix it)|
No categories specified
(categorize this paper)
Setup an account with your affiliations in order to access resources via your University's proxy server
Configure custom proxy (use this if your affiliation does not provide a proxy)
|Through your library||
References found in this work BETA
No references found.
Citations of this work BETA
No citations found.
Similar books and articles
Sean D. Murphy (2013). Jus Ad Bellum, Values, and the Contemporary Structure of International Law. Journal of Religious Ethics 41 (1):20-26.
Ben Saul, The Dangers of the United Nations' 'New Security Agenda': 'Human Security' in the Asia-Pacific Region.
Christopher Freiman (2013). Cosmopolitanism Within Borders: On Behalf of Charter Cities. Journal of Applied Philosophy 30 (1):40-52.
Tomis Kapitan (2006). Self-Determination and International Order. The Monist 89 (2):356 - 370.
John W. Lango (2009). Global Policy and the United Nations. International Journal of Applied Philosophy 23 (1):105-115.
Chris Bart (2006). An Empirical Examination of the Content and Composition of Board Charters. International Journal of Business Governance and Ethics 2 (s 3-4):198-216.
George R. Lucas (2003). The Role of the 'International Community' in Just War Tradition--Confronting the Challenges of Humanitarian Intervention and Preemptive War. Journal of Military Ethics 2 (2):122-144.
Sherilyn MacGregor (2004). Reading the Earth Charter: Cosmopolitan Environmental Citizenship or Light Green Politics as Usual? Ethics, Place and Environment 7 (1 & 2):85 – 96.
Added to index2010-12-22
Total downloads20 ( #71,719 of 1,089,063 )
Recent downloads (6 months)2 ( #42,757 of 1,089,063 )
How can I increase my downloads?