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Sorting out Self-Defense: Understanding Conflicting Views in the EU Code of Conduct

This article explores the conflicting views on self-defense in the EU Code of Conduct, analyzing the changing nature of self-defense, the role of multilateral negotiations, and the impact on the use of force for peaceful purposes. It also examines the inclusive vs. exclusive views and legitimacy-driven arguments, with a focus on the status quo and the impact on developing nations.

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Sorting out Self-Defense: Understanding Conflicting Views in the EU Code of Conduct

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  1. Sorting out Self-Defense: Understanding Conflicting Views in the EU Code of Conduct P.J. Blount University of Mississippi School of Law

  2. Multilateral Negotiations • July 2015, UN HQ, NYC “they all agreed to disagree. Most agreed to disagree in another forum, on which they disagreed.” -@BlountsFolly

  3. Self-Defense "All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purposes of the United Nations." -Art. 2(4)

  4. Self-Defense "Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the United Nations" -Art. 51

  5. Self-Defense • Peaceful Purposes? • Custom • Art. 2(4) > Declaration of Legal Principles

  6. Self-Defense • Changing Nature of Self-Defense • Post 9/11 War on Terror • Anticipatory v. Peremptory - Iraq • R2P • Russia in Crimea

  7. Mutilateral Negotiations • Inclusive v. Exclusive Views • US, EU v. Russia, China • Law based arguments • Mostly about status quo

  8. Mutilateral Negotiations • Legitimacy Driven View • Developing Nations • policy/political arguments • Inclusion affects the legitimacy of the use of force in space • i.e. changes the customary content of peaceful purposes

  9. Thanks!

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