POL340Y5 Lecture Notes - Lecture 19: Noam Chomsky, Al-Qaeda, Supermajority
6 Jun 2015
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Danger of abuse is too great: what about customary international law? (sources of international law!) [relationship between treaty and custom nicaragua case] New treaty law does not eradicate customary international law. Inconsistent relationship between treaty and custom (sometimes one modifies the other, sometimes it doesn"t) In domestic law, you would definitely be acquitted under self defense. Similar relationship in the international sphere (as baseball analogy) doesn"t always make sense for states to react after they have been attacked: two justifiable uses of force: Un authorization for use of force chapter 7. Act of aggression: not automatically a breach of the peace; only breach of peace if unsc says it"s a breach of peace; once crisis breaks out, unsc has to determine if situation is breach of peace. 15 countries total (5 permanent countries with veto: requires supermajority, minimum of 9 out of 15 have to agree its breach of peace, none of p5 can veto.
