The Art of Article 5

Gray's Inn Student Law Journal, p. 151, 2015

19 Pages Posted: 29 Nov 2015

Date Written: November 27, 2015

Abstract

This article examines the conditions which permit the use of force, according to article 5 of the NATO Treaty, in the light of the applicable International legal framework, as well as recent developments in political and military affairs. It identifies the legal basis under the NATO Treaty that authorises the use of force as compared to the contemporary threats faced by NATO. The article asks whether article 5 remains relevant, and functional, or is in need of reform. It argues that whilst NATO States continue to possess the legal right to engage in collective self-defence measures, the NATO Treaty’s utility as an International instrument lies in legitimising the doctrine of deterrence, which has thus far prevented large-scale International aggression.

Keywords: Article 5; Use of Force; NATO; self-defence; International aggression; UN; NATO Treaty

Suggested Citation

Otchie, Andrew, The Art of Article 5 (November 27, 2015). Gray's Inn Student Law Journal, p. 151, 2015. Available at SSRN: https://ssrn.com/abstract=2696258

Andrew Otchie (Contact Author)

12 Old Square Chambers ( email )

United Kingdom

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