Work

An International Constitutional Moment

Year: 2002
Type: article
Abstract: In 1945, the nations of the world, concerned about the continuing threat of interstate aggression, committed to a basic principle of not us ing force in interstate relations .The principle was articulated in Article 2(4) of the U.N.Charter, whereby all nations pledged to "refrain in their international rela tions fr om the threat or use of fo rce against the territorial integrity or politi cal independence of any state."'This pledge has been the fundamental prin ciple, the grmzdnorm, of the post-\ ' (/orld War II world order.Though often honored in the breach, it has gained suffi cient stature and legitimacy that direct invasion of one nation by another, other than in self-defense, has be come increasingly rare .When interstate aggression happens, the vast ma jori ty of the world's nat ions routinely and automatically condemn it as ille gal.2The fr amers of the U.N. Charter were responding to two world wars , countless intersrate wars , and indeed, centuries in which the primary threat to imernational peace and security was the aggressive use of fo rce by one state against another.To day, as scholars, pundits, and policymakers have pointed om for a decade, the threats have changed .The events of September ll branded these new threats indelibly inco the American consciousness, ''' ) .
Language: English
Open Access status: green
OpenAlex ID: W1578884696
FWCI: 36.87
Cites:
Cited by: 110
Related to: 10