Threat of force (public international law)

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Threat of force in public international law is a situation between states described by British lawyer Ian Brownlie as:

Great Britain island in the North Atlantic off the north-west coast of continental Europe

Great Britain is an island in the North Atlantic Ocean off the northwest coast of continental Europe. With an area of 209,331 km2 (80,823 sq mi), it is the largest of the British Isles, the largest European island, and the ninth-largest island in the world. In 2011, Great Britain had a population of about 61 million people, making it the world's third-most populous island after Java in Indonesia and Honshu in Japan. The island of Ireland is situated to the west of Great Britain, and together these islands, along with over 1,000 smaller surrounding islands, form the British Isles archipelago.

Sir Ian Brownlie was a British practising barrister, specialising in international law. After an education at Hertford College, Oxford, he was called to the Bar by Gray's Inn in 1958 and was a tenant at Blackstone Chambers from 1983 until his death on 3 January 2010. He was a member of the Communist Party until the Soviet Union's invasion of Czechoslovakia in 1968.

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an express or implied promise by a government of a resort to force conditional on non-acceptance of certain demands of that government. [1] [2]

The 1969 Vienna Convention on the Law of Treaties notes in its preamble that both the threat and the use of force are prohibited. Moreover, in Article 52, it establishes the principle that if threats of using force are made during diplomatic negotiations, then any resulting treaty is invalid, stating "A treaty is void if its conclusion has been procured by the threat or use of force in violation of the principles of international law embodied in the Charter of the United Nations".

Vienna Convention on the Law of Treaties treaty

The Vienna Convention on the Law of Treaties (VCLT) is an international agreement regulating treaties between states. Known as the "treaty on treaties", it establishes the rules and procedures for how treaties are defined, drafted, enforced, amended, interpreted, and generally operate.

Threat one persons statement that they intend to harm another, or anothers property

A threat is a communicated intent to inflict harm or loss on another person. Intimidation is widely observed in animal behavior chiefly in order to avoid the unnecessary physical violence that can lead to physical damage or the death of both conflicting parties. A threat is considered an act of coercion.

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References

  1. International Law and the Use of Force by States, Ian Brownlie, CBE, QC, FBA, March 26, 1963, Oxford University Press
  2. Submission by Aidan O’Neill QC Archived 2007-03-11 at the Wayback Machine , Aidan O'Neill QC

Further reading

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