The Controversies over the Customary Prohibition on the Use of Force: A Methodological Debate
European Journal of International Law, Vol. 16, No. 5, 2006
20 Pages Posted: 17 Mar 2013
Date Written: 2005
Controversies about the rule prohibiting the use of force have mainly focused on issues such as the conditions for self-defence or the existence of a right to humanitarian intervention. Beyond the question of the validity or relevance of each substantial argument, a comprehensive analysis of the doctrine reveals that the debate is actually more about methodology than substance. Hence, those who stand for an enlarged conception of the right to self-defence or who support a right of humanitarian intervention tend to adopt a particularly loose method in defining the content of the customary rule.
JEL Classification: K33
Suggested Citation: Suggested Citation