AN APPRAISAL OF THE DOCTRINE AND PRACTICE OF SELF-DEFENCE IN INTERNATIONAL LAW

📄 Project Abstract

This dissertation employs the doctrinal method of research to appraise the doctrine of Self defence as one of the fundamental principles of International law, and as one of the exceptions to the prohibition on the use of force. To this end, this dissertation centers on Article 51 of the United Nations Charter which provides for the right of self defence in International law. The dissertation contends that the provisions of Article 51 have generated some controversies among scholars of International law. These controversies have tended to obscure the scope of self defence in International law. The major problem of this research is that it is not clear whether Article 51 has abrogated or preserved the doctrine of anticipatory Self defence in Customary International law. This problem has been complicated by the use of the phrases 'inherent right of individual or collective self defence' and 'armed attack' in Article 51. The question therefore is that 'does international law expect a State...