Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Coercion Of A State By The Threat Or Use Of Force

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

Coercion in Article 52 is circumscribed as the threat or use of force in violation of the principles of international law embodied in the Charter of the United Nations. The meaning of the expression threat or use of force depends on the interpretation of Article 2, paragraph 4 of the UN Charter. In particular, coercion within the meaning of Article 52 does not comprise economic or political coercion. Article 52 does not apply to treaty making in its entirety, but only to the threat or use of force in respect of a treaty at the time of its conclusion. The conclusion of a treaty procured by coercion of a State shall be void. Article 52 envisages automatic nullity and it does not, therefore, specify which State may invoke the treaty's nullity. It offers the weaker State (and other treaty parties) the recognition of a dispute vis-à-vis the powerful State.

Keywords: Article 52; coercion; force; international law; State; threat; treaty; United Nations



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation