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The Oxford Handbook of the Use of Force in International Law edited by Weller, Marc (1st January 2015)

Part II Collective Security and the Non-Use of Force, Ch.11 United Nations Security Council Practice in Relation to Use of Force in No-Fly Zones and Maritime Exclusion Zones

Rob McLaughlin

From: The Oxford Handbook of the Use of Force in International Law

Edited By: Marc Weller

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 14 November 2019

Subject(s):
Self-defence — Belligerents — Armed conflict, international — Armed conflict, non-international — UNCLOS (UN Convention on the Law of the Sea) — Flag state — Territorial sea

This chapter examines UN Security Council practice with respect to the use of force in no-fly zones and maritime exclusion zones. It considers whether the law governing the zone is based or not based on the law of armed conflict (LOAC) and whether the law on the use of force inside the zone is essentially the same as that outside it. It also assesses the effect of the Security Council’s act of declaring or acquiescing in the zone on the law that is normally applicable in the ocean or airspace enclosed by the zone. The chapter also analyses whether the Security Council can authorize the use of lethal force for the purpose of enforcing a mandate despite the absence of LOAC authorization. It discusses the notion of a ‘third paradigm’ for use of lethal force and the concept of ‘self-defence’ endorsed by the Security Council (and the UN more generally).

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