Abstract

Abstract This chapter discusses the application of jus contra bellum in the 1982 Falklands/Malvinas conflict. After briefly setting out the relevant facts and summarizing the positions of the main protagonists of the conflict as well as the UN Security Council and General Assembly and other member states, it analyzes the legal issues raised by the application of Article 2(3), 2(4) and 51 of the UN Charter, before evaluating the precedential value of the case. Special attention is paid to the alleged right to use military force for the recovery of pre-colonial titles, to the thesis of the exhaustion of the obligation to settle international disputes peacefully and to the relationship between collective security and self-defence, especially in light of the cessation of hostilities ordered by UN Security Council Resolution 502 (1982).

Talk to us

Join us for a 30 min session where you can share your feedback and ask us any queries you have

Schedule a call

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.