Part V Revival of Classical Concepts?, Ch.42 The Threat of the Use of Force and Ultimata

Subject(s):

UN Charter — Specific treaties — UNCLOS (UN Convention on the Law of the Sea) — Self-defence — Armed attack — Armed forces — Warfare, air — Flag state — Innocent passage

This chapter deals with international law governing the threat of force. More specifically, it discusses the conditions under which an act may be considered a threat of force contrary to the UN Charter. It shows that a threat is unlawful under Article 2(4) of the UN Charter when the use of force contemplated by the threat would itself be unlawful. The chapter also examines the application of the rule prohibiting the threat of force by focusing on three cases: the US and British threats of force against Iraq in 2002 and 2003; the dispute between Suriname and Guyana in 2007; and the conflict involving Russia and Georgia in 2009.