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

Abstract

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

Aizenstatd, Najman Alexander, 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' (July 12, 2012). Soochow Law Journal. Volume IX, July 2012 Number 2, Available at SSRN: https://ssrn.com/abstract=2564647

Najman Alexander Aizenstatd (Contact Author)

Universidad Rafael Landivar ( email )

Apartado Postal 4-F
Guatemala
Guatemala, 01010
Guatemala

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