Abstract

http://ssrn.com/abstract=2018070
 


 



International Law Versus the Preemptive Use of Force: Racing to Confront the Specter of a Nuclear Iran


Roxana Vatanparast


Independent


Hastings International and Comparative Law Review, Vol. 31, No. 2, p. 783, 2008

Abstract:     
The United States claims that Iran's uranium enrichment program is for the purpose of creating nuclear weapons, and is thus in violation of the Treaty on the Non-proliferation of Nuclear Weapons. Although the question of whether Iran has, or will soon have, a nuclear weapon is still speculative, the U.S. is adamant that even if Iran does not currently have a nuclear weapon, it soon will, and all measures must be taken to prevent that from happening. This note analyzes whether the preemptive use of force in this context would meet traditional customary international law requirements as originally established in the Caroline Affair - namely, necessity and proportionality. This note also identifies the flaws in the preemptive use of force doctrine as a whole, as exemplified in its invocation before the Iraq War.

Number of Pages in PDF File: 24

Keywords: International Law, Preemptive Use of Force, Iran, Nuclear Non-Proliferation Treaty

Accepted Paper Series


Download This Paper

Date posted: March 8, 2012  

Suggested Citation

Vatanparast, Roxana, International Law Versus the Preemptive Use of Force: Racing to Confront the Specter of a Nuclear Iran. Hastings International and Comparative Law Review, Vol. 31, No. 2, p. 783, 2008. Available at SSRN: http://ssrn.com/abstract=2018070

Contact Information

Roxana Vatanparast (Contact Author)
Independent ( email )
Feedback to SSRN


Paper statistics
Abstract Views: 505
Downloads: 81
Download Rank: 173,399

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.688 seconds