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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
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Multilateral Negotiations
July 2015, UN HQ, NYC “they all agreed to disagree. Most agreed to disagree in another forum, on which they disagreed.”
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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)
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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
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Self-Defense Peaceful Purposes? Custom
Art. 2(4) > Declaration of Legal Principles
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Self-Defense Changing Nature of Self-Defense Post 9/11 War on Terror
Anticipatory v. Peremptory - Iraq R2P Russia in Crimea
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Mutilateral Negotiations
Inclusive v. Exclusive Views US, EU v. Russia, China Law based arguments Mostly about status quo
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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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