The Falklands/Malvinas War—1982
Author(s)
Editor(s)
Olivier Corten
Centre de droit international, Université libre de Bruxelles
Ruys, Tom
Ghent University
Hofer, Alexandra
Universiteit Gent, Université Libre de Bruxelles, Utrecht University
Publisher
Oxford University Press
Date issued
May 17, 2018
In
The Use of Force in International Law (Oxford: Oxford University Press 2018)
From page
361
To page
378
Reviewed by peer
true
Subjects
Falklands/Malvinas War Use of force Right of self-defence Ius ad bellum International law on the use of force United Nations Security Council Charter of the United Nations
Abstract
This contribution discusses the application of jus contra bellum in the 1982 Falklands/Malvinas conflict. After briefly setting out the relevant facts, it provides a summary of the positions of the main protagonists of the conflict as well as the UN Security Council and General Assembly and other member States, both on the initial invasion of the archipelago by Argentina and on the ensuing measures of self-defence adopted by the United Kingdom. It then assesses the legal issues raised by the application of Article 2(3) and 2(4) of the UN Charter — including concerning the alleged exception for recourses to military force aimed at the recovery of pre-colonial titles and the thesis of the exhaustion of the obligation to settle international disputes peacefully — and Article 51 of the UN Charter — with particular attention to the relationship between collective security and the exercise of the right of self-defence and the effect of the cessation of hostilities ordered by UN Security Council Resolution 502 (1982) on the exercise of the right by the United Kingdom. Finally, the contribution evaluates the precedential impact of the case on the jus contra bellum regime.
Later version
https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3000666
Publication type
book part
File(s)