The Right to Individual or Collective Self-Defense. Preventive Attack According to the Provisions of the UN Charter

Dumitriţa Florea ()
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Dumitriţa Florea: "Stefan cel Mare" University of Suceava, Romania

Jurnalul de Studii Juridice, 2021, vol. 16, issue 3-4, 15-28

Abstract: Geo-political interests have always played a significant role in the ongoing struggle for power, supremacy and leadership, especially among the leading states such as the US, China, Russia, etc. Since the creation of the first social communities and, to this day, with progress, only the method of struggle has changed, not the purpose. As long as money, prosperity and the desire to dominate rule this world, as long as there is tension and competition between states. Therefore, in order not to go beyond the extremes of this confrontation, which can lead to disastrous consequences for humanity, it is necessary to have a proper organization of nations, where under the control of diplomacy and security, the interests of the state are protected. Thus, in compliance with the provisions based on the peaceful conduct of international relations, it is ensured the dignity and protection of the State, which in the event of an act of aggression on the part of another State, which is the guilty state. The collective union of states, in compliance with these provisions, is a guarantor of international security and peace. We try to discuss in this study the correct method of conducting the right of self-defense according to the provisions of the UN Charter, in case of an armed conflict, frequently encountered at present, taking into account the emphasis on the misinterpretation of the without the authorization of the United Nations, which appeared after the terrorist act of September 11, 2001, in the USA.

Keywords: individual self-defense; collective self-defense; provisions of the UN Charter; international relations (search for similar items in EconPapers)
JEL-codes: I12 I15 I18 (search for similar items in EconPapers)
Date: 2021
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Persistent link: https://EconPapers.repec.org/RePEc:lum:rev4rl:v:16:y:2021:i:3-4:p:15-28

DOI: 10.18662/jls/16.3-4/89

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