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Case Of An Aggressor State

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Chapter Summary

The provisions of the present convention are without prejudice to any obligation in relation to a treaty which may arise for an aggressor state in consequence of measures taken in conformity with the charter of the United Nations with reference to that state's aggression. Article 75 is inextricably bound up with the UN Charter. It depends in particular on the security council which enjoys complete freedom in examining in the light of all relevant circumstances of a case whether a state has committed aggression. Article 75 has one of the obviously "political" provisions of the convention, it has attracted much criticism, and in particular, it has been regarded as "unnecessary" and "obscure". Indeed, as Waldock pointed out, Articles 35 and 52 in fact sufficiently covered the principle in Article 75.

Keywords: aggressor state; convention; criticism; obscure; treaty



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