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

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 2,700 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Access to this content requires a subscription. Please visit the following page to request a quote or trial:

Already a HeinOnline Subscriber?