SOME REMARKS ON THE RELATIONSHIP BETWEEN THE JUS AD BELLUM REGULATIONS UNDER THE UN CHARTER AND CUSTOMARY INTERNATIONAL LAW – WHY DOES IT MATTER SO MUCH?

Michał Kowalski

Abstract


One of the key issues for conveying the modern normative structure of jus ad bellum, i.e. the international law norms governing the use of force, is the mutual relations of the treaty regulation under the United Nations Charter (the UN Charter) regime and the relevant customary law. Contrary to as it may seem prima facie, this relationship remains highly ambiguous. Obviously, it is strictly and inextricably linked with all the dilemmas and challenges of jus ad bellum regulation under the UN Charter regime in all its ambiguity. Thus, addressing the character of this relationship firstly demands referring to the mentioned dilemmas and challenges.

Keywords: jus ad bellum, UN Charter, customary international law


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