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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.
In the United Nations system
characterized by a decentralized machinery of its legal system, the enforcement
of International law and the protection of rights recognized by International
law is, traditionally, a task delegated to the individual members, the
sovereign states. Naturally, the right of self-defence in international law
features as the basic and fundamental right of every member state. Within the
last fifty years, international community has moved towards a degree of
centralization hitherto unknown; and with that development the prohibition of
individual use of force has come pari pasu.4Thus, the need to define the right
of self-defence with some precision arises from this development, for, as the
main exception to the general prohibition of force, the right of self-defence
if left undefined and unregulated could virtually deny the prohibition on the
use of force any real meaning.
TOPIC: APPRAISAL OF THE DOCTRINE AND PRACTICE OF SELF-DEFENCE IN INTERNATIONAL LAW
Chapters: 1 - 5
Delivery: Email
Delivery: Email
Number of Pages: 70
Price: 3000 NGN
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