Uwagi na temat siły i jej stosowania w prawie międzynarodowym
Comments on the force and its application in international law
Author(s): Piotr LaskiSubject(s): Law, Constitution, Jurisprudence, International Law, Security and defense, Evaluation research
Published by: Wydawnictwo Naukowe Uniwersytetu Szczecińskiego
Keywords: public international law; force; armed force; self-defense; reprisal;
Summary/Abstract: The concept of the use force currently refer to situations in which violence is used in a manner close to the technical characteristics of a state of war, as well as to the military action does not encountering armed resistance. Public international law has no special measures that regulate recourse to use of force, or those that minimize the effects of its application. In international law, despite the many controversies regarding the use of force, there is no doubt about the competence of states to its application in order to pursue their raison d’etat. However, consideration should be given understanding the concept of “power” and its application in accordance with the Charter of the United Nations, for the purposes of self-defense, so that it explicitly distinguished from the situation recourse to an act of armed (which is a manifestation of the use of force), violating the territorial integrity of another sovereign state. In this article, theoretical considerations will be raised to the actions of the Russian Federation, among others, as an example of the use force in contemporary international law.
Journal: Acta Iuris Stetinensis
- Issue Year: 2015
- Issue No: 12 (4)
- Page Range: 61-83
- Page Count: 23
- Language: Polish