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The Use of Force in International Law - A Case-Based Approach edited by Ruys, Tom; Corten, Olivier; Hofer, Alexandra (17th May 2018)

Part 1 The Cold War Era (1945–89), 9 The Cuban Missile Crisis—1962

Alexander Orakhelashvili

From: The Use of Force in International Law: A Case-Based Approach

Edited By: Tom Ruys, Olivier Corten, Alexandra Hofer

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 17 August 2019

Subject(s):
Economic sanctions — Precedent — International law and international relations — UN Charter

This chapter begins with examining the context in which the US government decided to impose the quarantine against Cuba in 1962, in response to the Soviet nuclear missile placement in Cuba. The legality of the US measures is examined against the Charter of the United Nations, the OAS regional security framework, and general international law including the regime of belligerent rights. The final section addresses the precedential value of this incident, especially the ways in which legal advisers addressed the complex legal issues surrounding the Cuban missile crisis.

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