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Petulant and Contrary: Approaches by the Permanent Five Members of the UN Security Council to the Concept of 'threat to the peace' under Article 39 of the UN Charter
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Aside from self-defence, a UN Security Council authorisation under Chapter VII is the only exception to the prohibition on the use of force. Authorisation of the use of force requires the Security ...
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28 March 2019

Aside from self-defence, a UN Security Council authorisation under Chapter VII is the only exception to the prohibition on the use of force. Authorisation of the use of force requires the Security Council to first determine whether that situation constitutes a ‘threat to the peace’ under Article 39. The Charter has long been interpreted as placing few bounds around how the Security Council arrives at such determinations. As such commentators have argued that the phrase ‘threat to the peace’ is undefinable in nature and lacking in consistency. Through a critical discourse analysis of the justificatory discourse of the P5 surrounding individual decisions relating to ‘threat to the peace’ (found in the meeting transcripts), this book demonstrates that each P5 member has a consistent definition and understanding of what constitutes a ‘threat to the peace’.
Price: $190.00
Pages: 330
Publisher: Brill
Imprint: Brill | Nijhoff
Series: International Humanitarian Law Series
Publication Date:
28 March 2019
ISBN: 9789004391390
Format: Hardcover
Tamsin Phillipa Paige is a Lecturer in Law at Deakin University. Her work is interdisciplinary in nature, using qualitative sociological methods to analyse international law. She undertook a Postdoctoral Fellowship with Conflict and Society at UNSW Canberra, and was awarded an Endeavour Scholarship by the Australian Government for her PhD research conducted at the University of Adelaide and Columbia Law School. In a former life, she was a French trained, fine dining pâtissier.