Master'sOpen Access

The right of individual self-defence of states within the scope of the prohibition of use of force

2016
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Advisor: Yrd. Doç. Dr. Saeed Bagheri

Abstract (EN)

Right of self-defense of states has a very important and essential place in international relations and the rules about the use of force. Exception of the prohibition of use of force which is a mandatory rule in international law, is the right of self-defense. Thus using force within scope of right of the self-defense must be analyzed within the frame of protecting international peace and security which is the main purpose of international law. The right of self-defense's being an exception brings the need to argue the right of self-defense from various aspects. The purpose of this study is to analyze the right of individual self-defense of states and requirements of this right and to determine the limitations of this right and therefore contribute to restraining of abuse of this right. In the first chapter of this study the prohibition of use of force rule, in the second chapter of this study the right of self-defense will be analyzed. In the first chapter the historical development of the prohibition of use of force will be analyzed. After analyzing the historical development, legal characteristic and scope of the prohibition of use of force will be studied. Aforementioned prohibition's place in United Nations Charter and its mandatory characteristic will be analyzed. After analyzing the legal characteristic of this prohibition, we will study the actions and terms included in the prohibition of use of force. In the second chapter of this study the right of self-defense right which is the exception of the prohibition of use of force, will be analyzed. In this chapter, the right of self-defense will be analyzed within the customary law then it will be analyzed within the UN system. In this chapter, the right of self-defense's requirements and limitations both in customary law and United Nations Charter will be studied. International Court of Justice decisions about the right of self-defense will be studied as well. Lastly, the reflection of UN on Turkish Law System will be studied. Within this concept, Turkish constitutional order Grand National Assembly of Turkey's rules within the scope of right of self-defense. Keywords: The Prohibition Of Use Of Force, Right Of Self-Defense, İnternational Customary Law, United Nations, International Court Of Justic

Author

Dr. Cem Ümit Beyoğlu

How to Cite

Cem Ümit Beyoğlu (Master Thesis). The right of individual self-defence of states within the scope of the prohibition of use of force, 2016, Akdeniz University.

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