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International Law on the Maintenance of Peace

Jus Contra Bellum

Robert Kolb

This book offers a comprehensive study into the use of force and the maintenance of peace in international relations. Whilst rooted in public international law, it also approaches the question from different angles, including its historical evolution and its sociological environment. The competences and practice of the UN and of regional organizations in the maintenance of peace are examined before the focus is shifted to the inter-State level, the main non-use of force rule and its claimed or recognized exceptions. Robert Kolb analyzes each of these rules separately, before concluding with insightful reflections on the current state-of-play and considerations for the future of this branch of the law.
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Chapter 4: Scheme and structure of the United Nations Charter

Robert Kolb

Extract

The maintenance of peace under the Charter system is based on two main elements – a preventive element, provided for in Chapter VI on the peaceful resolution of disputes and Chapter X on economic and social cooperation, and a repressive element based on Chapter VII, which provides for the Security Council’s powers of enforcement. The two elements are respectively rooted in the notions of ‘positive’ and ‘negative’ peace. This chapter looks in detail at these two perspectives while examining the scheme and structure of the UN Charter.

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