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Max Planck Encyclopedia of Public International Law [MPEPIL]

Peace, Threat to the

Erika De Wet, Michael Wood

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 28 June 2022

Subject(s):
Aggression — Weapons, nuclear — Collective security

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 Before the United Nations Security Council (United Nations, Security Council) may impose measures of an economic or military nature under Arts 41 and 42 United Nations Charter (‘UN Charter’; United Nations Charter; Sanctions; Collective Security), as well as Art. 40 (though this is sometimes questioned), it must determine the existence of a ‘threat to the peace, breach of the peace, or act of aggression’ (Peace, Breach of; Aggression) within the meaning of Art. 39 UN Charter. A determination under Art. 39 is therefore a threshold requirement for the adoption of...
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