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The Use of Force under the un Charter: Modification and Reform through Practice or Consensus

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Chapter Summary

This chapter indicates how that United Nations (UN) charter law has been clarified or modified through the practice of UN member states and UN organs over time, and suggests that modification through practice or consensus can happen again. The law as it was understood in San Francisco has been modified over the years by the institutional practice of the Security Council followed by acceptance of this practice by UN member States. The use of force in traditional peace keeping operations has, during the last decade, undergone some progressive developments. In September 2005, at the World Summit in New York, Governments agreed on a reform agenda for the UN. Somewhat surprisingly, there was agreement on the inclusion of the concept of the Responsibility to Protect in the Outcome Document. The chapter discusses the jus ad bellum issue and the attention it has attracted in the literature.

Keywords: jus ad bellum issue; Responsibility to Protect; San Francisco; traditional peace keeping operations; UN member states; UN organs; United Nations (UN) charter law



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