Law 2101 Study Guide - Quiz Guide: Hugo Grotius, Endangerment, Legal Positivism

10 views5 pages
16 Jul 2020
Department
Course
Professor

Document Summary

The unilateral use of force in the early beginning the use of force was governed by a just war doctrine (st. augustine and. Changed by the introduction of the league of nations 1919, states resorted to the purpose (self- defence, rescue of nationals abroad, reprisal for injuries suffered) of war, rather than to a just cause. Manifested the foundation of the principle of self-defence, but not to be exaggerated because it was rather a political than legal concept. States may claim the right to the use of force deriving from customary law (legitimate under the. 2(4) of the charter (permissive school), customary law which derived since 1945, for the particular purpose undertaken. 2(4) forbids reprisals but it is questioned due to the ineffective machinery of international law of enforcement. Protection of nationals at home and abroad. International law is not certain on the use of force.