The chapter discusses the philosophical foundations of the current regulation of the use of force. The chapter argues that, in correspondence with the emergence of a sphere of substantive rules protecting common interests of humankind, international law is also gradually developing a system of protection against egregious breaches of these interests. This conclusion is reached through an analysis of the law and practice governing the action of the UN Security Council as well as the law of state responsibility concerning individual and collective reactions to serious breaches of common interests. This system is based on positive obligations imposed upon individual states as well as UN organs, and it appears to be still rudimentary and inefficient. However, the chapter suggests that the mere existence of this system, these shortcomings notwithstanding, has the effect of promoting the further development of the law in search for more appropriate mechanisms of protection.

Common interests of humankind and the international regulation of the use of the force / Cannizzaro, Vincenzo. - STAMPA. - (2018).

Common interests of humankind and the international regulation of the use of the force

vincenzo cannizzaro
2018

Abstract

The chapter discusses the philosophical foundations of the current regulation of the use of force. The chapter argues that, in correspondence with the emergence of a sphere of substantive rules protecting common interests of humankind, international law is also gradually developing a system of protection against egregious breaches of these interests. This conclusion is reached through an analysis of the law and practice governing the action of the UN Security Council as well as the law of state responsibility concerning individual and collective reactions to serious breaches of common interests. This system is based on positive obligations imposed upon individual states as well as UN organs, and it appears to be still rudimentary and inefficient. However, the chapter suggests that the mere existence of this system, these shortcomings notwithstanding, has the effect of promoting the further development of the law in search for more appropriate mechanisms of protection.
2018
Community Interests Across International Law
9780198825210
international law; community interests; use of force; serious breaches; individual and collective reaction; security council; state responsibility
02 Pubblicazione su volume::02a Capitolo o Articolo
Common interests of humankind and the international regulation of the use of the force / Cannizzaro, Vincenzo. - STAMPA. - (2018).
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/11573/1093904
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