Comments on Professor Chia-Jui Cheng's: 'The Use of Force in the Charter of the United Nations and the Compatibility of the New Haven School's Policy-Oriented International Law'
Soochow Law Journal. Volume IX, July 2012 Number 2
7 Pages Posted: 15 Feb 2015
Date Written: July 12, 2012
The paper is a response to Prof. Cheng's article on his views about the New Haven School of International law and military intervention without security council authorization. This paper seeks to explain the position from the New Haven School point of view and seeks to explain that the position as articulated by Prof. Reisman is not a carte blanche but even stricter that mere security council authorization. SC by itself is not a decision making process that adds value while there may be other factors and organizations better able to make this decisions. In fact strict interpretation requiring SC authorization might allow for illegitimate (but authorized actions) and prevent legitimate actions, which not authorized.
Keywords: Security Council, Use of Force, R2P, New Haven School of International Law, Michael Reisman, Charter of the United Nations, Article 2, Article 51, International Military Action, Humanitarian Intervention
JEL Classification: K00, K33
Suggested Citation: Suggested Citation