'The Essence of Self Defense under Article 51 of UN Charter' - a Privilege or Priority

AuthorSindhu Vijaya Kumar
PositionSenior Lecturer, PhD, Research Scholar in Law, University of Mysore, Oriental Research Insitutions, D C Office, Mysore, Karnataka 570005, India
Pages37-51
Abstract: While a
rticle 2, Pa
against the territorial integr
inconsistent with the purpos
Article 51 gives the right o
Article seems to have a dia
consensus with regard to t
aggressive war. Though war
t
o existence it is not abso lu
right to wage war h as und
civilization am
ong the natio
exceptional right under exce
that war do existence as a leg
self-defense can
be exercised
self-
defense is a right eventu
to admit that it is the part of
fundamental law, the first law
under international law has a
under customary in ternation
international politics and the
become a privilege or a prio
of exercising the right to sel
of the executing the right o
objection on this
right of th
challenging when this right i
enquiry.
Keyword: i
nternational laws
1
Insitutions, D C Office, Mys
author: Sindh_vk@yahoo.co
J
“The Essence of Self Defense under
51 of UN Charter” -
a Privilege or
Sindhu VIJAYA KUMAR
1
, Para. 4 of UN Charter refrain all member states from threat o
egrity or political independence of any states, or in a
ny o
ose of the United Nation, it is forbidding the state from indu
t of self
-defense and collective self-
defense against aggressi
diametrical ap
proach with regard to the use of force, how
the concept of aggression. What t he Article intent to pr
ar is a peremptory right of the state and is closely associated
lutely an unconditional right. It is a last resort for existence
ndergone a dramatic change with the development and adv
ations and that’s why a
rt. 51 gives th
em the right of self
xceptional circumstance and as an eternal right for existence
legal affirmation under UN Charter b ut with restric
tion. Henc
sed to p rotect states eternal right t o existence. So let me put i
ntually exerted by almost all living creature, perhaps it would
of those eternal source which adm
its the right to existence. As
law of the nature to which all other law are subordinate. A stat
s absolute right of self
-defense. The act o f self-
defense is just
tional law b ut also under UN Charter. With the change
the method of waging war whether th e state practice of sel
riority? With every action of negligenc
e in b attle field the sta
self
-
defense has become a debatable issue. However the pract
t of self
-
defense seems to be withou t any limitation and t
the state. The interpretation of the act o f self defense becom
ht is executed practically without delimiting its scope, which
ws; sovereign right; reprisal; ac
t against aggression
Research Scholar in Law, University of Mysore,
Orien
ysore, Karnataka 570005, India. Tel.: +91 821 241 9336. C
.co.in
.
AUDJ, vol. VII, no. 1
JURIDICA
37
der Articl
e
or Priority
t or use of force
y other manner
dulging in war.
ssion. Both the
owever there is
prohibit is the
ed with the right
nce; perhap s the
advancement of
lf defense as a
ce, so it’s clear
nce the rights to
ut it in this way,
ld not be wrong
As such, it is the
state as a subject
ustified not on
ly
ge in nature of
self
-defense has
states credibility
actical approach
d thereby raises
omes extremely
ch is an issue of
iental Research
. Corresponding
o. 1, pp.
37-51

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