Acta Universitatis Danubius. Juridica, Vol 14, No 3 (2018)

The Preventive and Anticipatory Dimension of the Right to Self-Defense of States

Paul Popa

Abstract


The right to self-defense of states, as well as any other right, has to be regulated in order to be applicable and to have the consequences of a right. Known over time in terms of value and principle of national self-determination, the right to self-defense of states was necessary, especially after World War II, to become an international norm established by common consensus between the signatories parties of the UN Charter. In addition to the internal regulations that may exist in the fundamental or special laws of the States, this international regulation comes to establish the general guidelines that governments must note in taking action in cases that entail the self-defense of a state. An important aspect of this right to self-defense is that of its preventive and anticipatory dimension, which some states invoke for their own interest.

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