The Use of Force in International Law

Paper Summary:

This paper explains that the concepts of self-determination and human rights have had a great impact on international law. The author points out that the entire issue of using force to settle international disputes is now disputed, except for situations involving self-defense and humanitarian grounds. The paper states that the behavior of the state, according to the different laws, ultimately decides the behavior of the other states towards it and, thus, establishes a pattern of behavior of all states at a very practical level.

From the Paper:

"The charter of the United Nations itself clarifies the position by stating that the charter does not impair the traditional rights of the individual or any group for self-defense when attacked. This is to be combined with the position as defined in the practice of international law as shown by the Caroline case. This case also shows certain principles, and the chief among them is that the response must be proportionate to the perceived harm or received damages. Even in this case, there are differences of opinion. The relative importance of the UN charter or the Caroline case has to be decided."

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