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21 Cardozo J. Int'l & Comp. L. 367 (2012-2013)
Contested States and the Rights and Obligations of the Jus Ad Bellum

handle is hein.journals/cjic21 and id is 395 raw text is: CONTESTED STATES AND THE RIGHTS AND OBLIGATIONS OF THE JUS AD BELLUM Christian Henderson* TABLE OF CONTENTS I. INTRODUCTION ........................ ....... 368 II. DETERMINING THE SUBJECTS OF INTERNATIONAL LEGAL RIGHTS AND OBLIGATIONS .................... 373 III. THE PROHIBITION OF THE THREAT OR USE OF FORCE....... 379 A. The Personal Scope of Article 2(4) of the United Nations Charter ........................... 379 1. Article 2(4) and Contested States ....... ....... 379 2. Original States and the Prohibition of the Threat or Use of Force Against Their Contested Elements ........................ ...... 381 3. Third States and the Prohibition of the Threat or Use of Force Against Contested States ................... 386 B. The Applicability of the Norm to Contested States Under Customary International Law ..... ....... 388 IV. THE RIGHT OF SELF-DEFENSE ........................ 394 A. The Personal Scope of Article 51 of the United Nations Charter .............................. 394 1. The Right of Self-Defense by Contested States ..... 394 2. Third States and the Right of Self-Defense Against an Armed Attack by a Contested State .... 396 3. Original States and the Right of Self-Defense Against their Contested Elements ................. 397 B. The Applicability of the Right to Contested States Under Customary International Law ............................ 399 1. Contested States and the Customary Right of Individual Self-Defense ...................... 399 2. Contested States and the Right of Self-Defense Against Their Original State.......... ........ 402 3. Contested States and the Right of Collective Self-Defense ..................... ....... 403 V. CONCLUSION ........................................... 406 367

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