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University of Michigan Law School

Treaties

1996

Journal

National Security Law

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Full-Text Articles in Law

The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam Jan 1996

The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam

Michigan Journal of International Law

This article discusses the views of these commentators in the light of the language, history, and policies underlying Article 51. It concludes that the Charter was not intended to and should not be interpreted to deny a state the right of self-defense, even if the Security Council has taken measures to deal with the problem; if states are to cede their right to self-defense once the Security Council has taken measures, that should be made explicit.