Cardozo Journal of International and Comparative Law
Abstract
The article examines the rights and obligations of contested states under the jus ad bellum, arguing that these entities, despite lacking widespread recognition as states, should be considered international legal persons. It challenges the traditional state-only conception of international personality and advocates for a recognition-based approach, which would extend the prohibition of the use of force and the right to self-defense to contested states. The analysis highlights the complexities and contradictions in applying these principles, particularly regarding collective self-defense, and suggests that a pragmatic interpretation could balance international peace and security with the legal protection of contested states.
Disciplines
Comparative and Foreign Law | Conflict of Laws | Courts | Dispute Resolution and Arbitration | Human Rights Law | International Law | Law | Military, War, and Peace
Recommended Citation
Christian Henderson,
Contested States and the Rights and Obligations of the Jus ad Bellum,
21
Cardozo J. Int'l & Comp. L.
367
(2013).
Available at:
https://larc.cardozo.yu.edu/cjicl/vol21/iss2/4
Included in
Comparative and Foreign Law Commons, Conflict of Laws Commons, Courts Commons, Dispute Resolution and Arbitration Commons, Human Rights Law Commons, International Law Commons, Military, War, and Peace Commons