P.J. Blount University of Mississippi School of Law Sorting out Self-Defense: Understanding Conflicting Views in the EU Code of Conduct P.J. Blount University of Mississippi School of Law

Multilateral Negotiations July 2015, UN HQ, NYC “they all agreed to disagree. Most agreed to disagree in another forum, on which they disagreed.” -@BlountsFolly

Self-Defense "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations." -Art. 2(4)

Self-Defense "Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations" -Art. 51

Self-Defense Peaceful Purposes? Custom Art. 2(4) > Declaration of Legal Principles

Self-Defense Changing Nature of Self-Defense Post 9/11 War on Terror Anticipatory v. Peremptory - Iraq R2P Russia in Crimea

Mutilateral Negotiations Inclusive v. Exclusive Views US, EU v. Russia, China Law based arguments Mostly about status quo

Mutilateral Negotiations Legitimacy Driven View Developing Nations policy/political arguments Inclusion affects the legitimacy of the use of force in space i.e. changes the customary content of peaceful purposes

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