STUDY UNIT 5.1

Question 1

ARTICLE 2(4) O THE UN CHARTER:

Answer 1

obliges all member states to refrain in their international relations from the threat or the use of force against the territorial integrity or political independence of any state

Question 2

SECTION 200(2) OF THE CONSTITUTION:

Answer 2

provides that the primary object of the defense force is to defend and protect the Republic, its territorial integrity and its people with accordance to the Constitution and principles of international law regulating the use of force.

Question 3

FORMS OF FORCE PROHIBITED:

Answer 3

1. Economic force
2. Indirect force

Question 4

ECONOMIC FORCE:

Answer 4

1970 Declaration on the Principles of International law prohibits the use of economic measures to coerce another state in order to obtain from it the subordination of the exercise of its sovereign rights.

Question 5

INDIRECT FORCE:

Answer 5

if state A gives active support to the rebels of state B, to an extent of giving them a territory to place their bases for attacks on state B, it makes itself a party to an unlawful use of force.

Question 6

CIRCUMSTANCES IN WHICH FORCE IS PERMITTED WITHOUT THE AUTHORISATION OF THE UNITED NATIONS:

Answer 6

1. under the authority of the Security Council
   2.in exercise of the right of individual or collective self-defense under ARTICLE 51

Question 7

SELF-DEFENCE -article 51:

Answer 7

-the right to self-defence in international law exits to allow states to defend themselves against the unlawful use of force.
-for a state to resort to self-defence it must be able able to show that it was a victim of an armed attack.

Question 8

HOT PURSUIT:

Answer 8

is the doctrine of the law of the seas that permits a warship to pursue and arrest of a ship on the high seas if it has violated the laws of the maritime zones of the coastal state.

Question 9

CASE LAW

Answer 9

NICARAGUA CASE