State Territory and International Law

The book proposes a re-interpretation of Article 2(4) of the Charter of the United Nations to include respect for the inviolability of State territory. The author argues that State practice, opinio juris, and the International Court of Justice's contentious and advisory opinions have promoted this limb. Despite the decrease in wars between States, international peace and security remain a mirage due to the increase in intra- and inter-State conflicts. The author seeks to initiate a rethinking of Article 2(4) and argues that it should be interpreted as respect, not just the threat or use of force. The book will interest academics, students of public international law, diplomats, and policymakers.

Format: Paperback / softback
Length: 248 pages
Publication date: 09 January 2023
Publisher: Taylor & Francis Ltd

This book proposes a radical re-interpretation of Article 2(4) of the Charter of the United Nations, contending that it should encompass a fundamental respect for the inviolability of State territory. While States often claim to abide by the prohibition of the use of force, their actions frequently undermine international peace and security. In this comprehensive work, the author argues that State practice, opinio juris, and contentious and advisory opinions of the International Court of Justice have all contributed to the promotion of the first limb of Article 2(4). Despite a decrease in interstate wars, the maintenance of international peace and security remains an elusive goal, as evidenced by the rise in intra- and inter-State conflicts across the globe. The author seeks to initiate a profound re-examination of the provision of Article 2(4), which the International Court of Justice has described as the cornerstone of the United Nations.

The author proposes a transformative interpretation of Article 2(4), advocating for a shift from the traditional view of the threat or use of force to a more inclusive understanding of respect. He also critically evaluates the discourse surrounding territorial jurisdiction in cyberspace and argues that the international community's efforts to apply Article 2(4) to this domain suggest that the article is a flexible and dynamic instrument capable of adapting to the evolving circumstances that threaten international peace and security.

This book will ignite a critical debate regarding the scope of Article 2(4), which has traditionally been limited to the threat or use of force. As a result, it will appeal to academics, students of public international law, diplomats, and policymakers alike. By challenging the status quo
quo, this book offers a fresh perspective on the Charter of the United Nations and its potential to promote a more peaceful and secure world.

Weight: 453g
Dimension: 234 x 156 (mm)
ISBN-13: 9780367502737