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CNAA / Theses / 2008 / May /

Non-resort to force in the international relations system

Author: Dan George GOGU
Degree:doctor of law
Speciality: 12.00.10 - International Public Law
Scientific adviser: Oleg Balan
doctor habilitat, professor, Academy of Public Administration
Scientific council:


The thesis was presented on the 17 May, 2008
Approved by NCAA on the 23 October, 2008


Adobe PDF document0.34 Mb / in romanian


CZU 341.1 /.8 (043.3)

Adobe PDF document 1.08 Mb / in romanian
161 pages


international principles, the principle of non-aggression, international organization, international dispute, armed aggression, threatening with force, self-defense, use of force, war, international security, humanitarian intervention, peace


Considering the present interest and the importance of the theme proposed for research, the main targets of the work consisted in the study and analysis of the principle of non-resort to force in international law as well as measures for the limitation of the use of force, the lawfulness and legitimacy of certain conflicts or the intention of certain states to use force. All these are presented within the context of the mechanism of achieving the function of maintaining the international peace and security, assigned by UNO Chart exclusively to the Security Council. From that perspective concrete examples were examined offered by the more recent or more remote history of the admitted exceptions from the principle of prohibition of the use of armed force. Nevertheless, beyond the case study, we tried to outline the critical particularities, under the aspect of the lessons which distinguish for example the self defense (article 51 of the UNO Chart) from the express authorization or an implied authorization on behalf of the Security Council (articles 39-42 of the Chart), trying to refer such interpretations to cases related to the practice of the states – some of them recent and quite important for international relations.

The scientific novelty of this work consists in the fact that in the thesis it was analyzed the factor of the humanitarian intervention, thereby determining the contents and the limits thereof within the international law. In order to achieve that goal a study of concrete examples of humanitarian interventions was performed. Within this background the fact elements enabled us to make certain value judgments, in agreement with reality. The matter of international constraint was also studied, our own opinion related to the humanitarian intervention being presented as well. There were also examined the provisions concerning the affirmation and consolidation of the principle of non-resort to force and the threat of force, found in the Acts of Establishment of certain international authorities, such as: The American States Organization, The African Unity Organization, The Arab League, The Organization for Security and Cooperation in Europe, The North Atlantic Treaty Organization, The Nations Association in South East Asia, The GUAM Organization, The Shanghai Cooperation Organization.

The scientific novelty and the practical value of the research performed are determined by the goal and the tasks of the work, by the notions and appreciation resulted following the investigations done, by the main conclusions and recommendations proposed for debates, as Lege Ferenda problems, such proposals being appreciated by us as a contribution to the theme brought to discussion.