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Beyond the Charter Frame: Unilateralism or Condominium?

Published online by Cambridge University Press:  27 February 2017

Tom J. Farer
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Abstract

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Type
Editorial Comment
Information
American Journal of International Law , Volume 96 , Issue 2 , April 2002 , pp. 359 - 364
Copyright
Copyright © American Society of International Law 2002

References

1 W, George. Bush, , Address Before a Joint Session of the Congress on the State of the Union (Jan. 29, 2002)Google Scholar, 38 Wkly. Comp. Pres. Doc. 133 (Feb. 1, 2002), available at <http://www.whitehouse.gov/news/releases/2002/01/20020129-11.htm>.

2 SC Res. 1373, pmbl. (Sept. 28, 2001), 40 ILM 1278 (2001) (reaffirming that acts of international terrorism “constitute a threat to international peace and security,” and additionally reaffirming “the inherent right of individual or collective self-defence”).

3 The International Military Tribunal at Nuremberg rejected defense claims that Germany had acted in self-defense in its invasion of Norway and other countries. For example, defendant Erich Raeder, Germany’s naval commander in chief, argued that Germany had occupied Norway as a necessary act of self-defense to forestall Allied landings there. While the Tribunal judges did recognize a right of anticipatory self-defense, the judgment stated, “preventive action in foreign territory is justified only in case of ‘an instant and overwhelming necessity for self-defense, leaving no choice of means, and no moment of deliberation.’” K, George. Walker, , Anticipatory Collective Self-Defense in the Charter Era: What the Treaties Have Said, 31 Cornell Int’l L.J. 321, 358 (1998)Google Scholar (quoting Nuremberg Judgment, 41 AJIL 172, 205 (1947) (in turn quoting the Caroline case, 2 John Bassett Moore, A Digest of International Law 412(1906)). The Tribunal found that this was not true for the German invasions of Denmark and Norway. Walker, supra, at 358.

4 For a summary of China’s current views, see International Peace Academy, Competing Claims: Self-Determination and Security in The United Nations (IPA Conference Report, 2000).

5 See, e.g., Kissinger, Henry, America at the Apex: Empire or Leader? Nat’l Interest, Summer 2001 Google Scholar, at 9.

6 The material costs would increase because it would become harder to find partners willing to lend troops, funds, and infrastructure.

7 See, e.g., S, David. Cloud, , U.S. Navy, Allies Patrol Sea off Somalia, in Search of Fleeing Al Qaeda Fighters, Wall St. J., Jan. 4, 2002 Google Scholar, at A14; Tait, Robert, U.S. Sets Sights on Somalia’s Training Camps, Scotsman, Nov. 26, 2001 Google Scholar, at 7.

8 See, e.g., Farah, Douglas, Digging up Congo’s Dirty Gems; Officials Say Diamond Trade Funds Radical Islamic Groups, Wash. Post, Dec. 30, 2001 Google Scholar, at A1.