TY - JOUR
T1 - Why do states formally invoke the right of individual self-defense? Legal-, diplomatic- and aid-politics to motivate states to respect international law
AU - Tago, Atsushi
N1 - Funding Information:
This research was supported by generous financial grants from the Japan Society for the Promotion of Science (Postdoctoral Fellowships for Research Abroad and Grants-in-Aid for Young Scientists, Type A: grant number 24683004).
PY - 2013/4
Y1 - 2013/4
N2 - The use of force is prohibited under the UN Charter. An exception is written in Article 51, which allows a state to conduct an act of self-defense. This study explains why only some states invoke it. The author claims that the baseline probability of claiming the right remains low because explicit reference to Article 51 accompanies the uncertainty of justification success and poses legal and diplomatic costs. However, balanced escalation and no alliance relationship negate those costs and increase the likelihood of self-defense justification. Moreover, under the strict conditionality, minor powers receiving American military aid frequently and promptly claim self-defense.
AB - The use of force is prohibited under the UN Charter. An exception is written in Article 51, which allows a state to conduct an act of self-defense. This study explains why only some states invoke it. The author claims that the baseline probability of claiming the right remains low because explicit reference to Article 51 accompanies the uncertainty of justification success and poses legal and diplomatic costs. However, balanced escalation and no alliance relationship negate those costs and increase the likelihood of self-defense justification. Moreover, under the strict conditionality, minor powers receiving American military aid frequently and promptly claim self-defense.
KW - Aid-politics
KW - Article 51
KW - UN Charter
KW - conditionality
KW - militarized interstate disputes
KW - minor powers
KW - right of self-defense
UR - http://www.scopus.com/inward/record.url?scp=84875293956&partnerID=8YFLogxK
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U2 - 10.1177/0738894212473925
DO - 10.1177/0738894212473925
M3 - Article
AN - SCOPUS:84875293956
SN - 0738-8942
VL - 30
SP - 161
EP - 177
JO - Conflict Management and Peace Science
JF - Conflict Management and Peace Science
IS - 2
ER -