Право државе на самоодбрану у свјетлу међународне праксе
Right of state to self-defense in light of international practice
Doktorand
Raosavljević, Predrag V.Mentor
Kreća, MilenkoČlanovi komisije
Milisavljević, BojanPalević, Milan
Metapodaci
Prikaz svih podataka o disertacijiSažetak
Pitanje prava drzava na samoodbranu je jedno od fundamentalnih pitanja medjunarodnog javnog prava. Ovo nacelo koji postoji koliko i samo medjunarodno pravo, formulisano je na univerzalan nacin sredinom proslog vijeka, i postoje mnogi pisani radovi o njegovoj izradi i tumacenju. Pozivanje na samoodbranu kroz cijelu istoriju je koristeno kao opravdanje za zloupotrebu sile od strane drzava van svojih teritorija...
Question of right of states to self-defense is one of the fundamental questions of public
international law. This principle, which exists just as long as public international law
does, was formulated in universal manner by the mid 20th century and there are many
written works on its formulation and interpretation. Invoking self-defense during the
course of history was used as a pretext for the use of force by the states outside of its
territories.
Right of states to self-defense originates from customary international law. During antic
and medieval times, principle of self-defense was linked to the theory of just war which
was differently interpreted in different times. In the period between two world wars, still
there was no absolute prohibition of the use of force in international relations so the
principle of self-defense was linked to the right of self-help through use of different
forcible measures: retorsions, reprisals, naval blockade, intervention and demonstration
of naval pow...er.
Contrary to the period of League of Nations, mechanism of implementation of
international law was centralized by the foundation of the United Nations because a
single body – Security Council – was entrusted with the authority to determine when the
use of force is allowed in international law. Article 51 of the United Nations Charter
defines that the states have a right to individual or collective self-defense in case of
armed attack on the UN member state.
This right is considered legitimate until the Security Council has taken measures
necessary to maintain international peace and security.