'Ceterum censeo Carthaginem esse delendam' – Eine Analyse des völkerrechtlichen Gewaltandrohungsverbots

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Abstract:

This Article examines an important but largely unnoticed aspect of international law: The prohibition of threats to use force under Article 2(4) of the United Nations Charter.

While international law scholars have analysed in detail the 'use of force' part of Article 2(4) of the United Nations Charter, the 'threat to use force' component is by and large neglected. Hence, it is the objective of this paper to shed some light on this shadowy region on the map of international law and to develop a set of criteria that – taken together – constitute the so-called Begriffskern of the threat to use force concept.

Document Type: Research Article

DOI: http://dx.doi.org/10.1628/000389210791646077

Publication date: June 1, 2010

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  • Archiv des Völkerrechts (Archive of Public International Law - AVR) has been founded as a quarterly journal in 1948. With its scientific papers, reports and book reviews, the journal covers the full spectrum of developments in public international law. AVR is a forum for the German-language community of scholars engaged in public international law and aims at entering into a dialogue with its international peers. AVR's content reflects dogmatic and theoretical essentials of public international law as well as developments in international jurisprudence. Legal fields covered range from traditional core questions of public international law as law between states, the laws of armed conflict and the law of international organisations to human rights law, international environmental law, world trade law and international administrative law.

    In the recent past, the comprehensive analysis of particular and universal legal orders as well as the creation of a material international legal order based on principles have been in the spotlight besides contributions on today's conflicts with a public international law angle.

    AVR is published on a quarterly basis with contributions in German, English and French.

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