Securing of Resources as a Valid Reason for Using Force? – A Pre-Emptive Defence of the Prohibition on the Use of Force

KFG Working Paper Series • No. 31 • August 2020

25 Pages Posted: 3 Jun 2019 Last revised: 21 Aug 2020

See all articles by Heike Krieger

Heike Krieger

Freie Universitaet Berlin

Jonas Püschmann

Max Planck Institute for Comparative Public Law and International Law

Date Written: August 2020

Abstract

A growing demand for natural resources embedded in current changes of the international order will put pressure on states to secure the future availability of these resources. Some political discourses suggest that states might respond by challenging the foundations of international law. Whereas the UN Charter was inter alia aimed at eliminating uses of force for economic reasons, one may observe an ongoing trend of securitization of matters of resource supply resulting into the revival of self- preservation doctrines. The chapter will show that those claims lack a normative foundation in the current framework of the prohibition of the use of force. Moreover, international law has sufficient instruments to cope with disputes over access to resources by other means than the use of force. The international community, therefore, must oppose claims that may contribute to normative uncertainties and strengthen already existing instruments of pacific settlement of disputes.

Suggested Citation

Krieger, Heike and Püschmann, Jonas, Securing of Resources as a Valid Reason for Using Force? – A Pre-Emptive Defence of the Prohibition on the Use of Force (August 2020). KFG Working Paper Series • No. 31 • August 2020, Available at SSRN: https://ssrn.com/abstract=3386146 or http://dx.doi.org/10.2139/ssrn.3386146

Heike Krieger (Contact Author)

Freie Universitaet Berlin ( email )

Van't-Hoff-Strasse 8
Berlin, 14195
Germany

Jonas Püschmann

Max Planck Institute for Comparative Public Law and International Law ( email )

Im Neuenheimer Feld 535
69120 Heidelberg, 69120
Germany

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