Individual and Collective Self-Defence as Elements of Collective Security System

Abstract

One of the fundamental rights codified in the UN Charter is an integral right to individual and collective self-defence. Together with the sanctioned by the UNSC peace-making efforts, this right is an exception to the use of force principle the in international law. The complexity of self-defence is that implementing the right to individual and collective self-defence represents the use of force, which may lead to abuse and exceeding the limits of self-defence. Hence, the grounds and limits of self-defence require additional research to avoid any possible ambiguities in the application of collective security system when applying this right. Currently both Russian and foreign international law doctrine lacks a single approach. However, legal codification of key parameters of self-defence will allow specifying limits within which self-defence is a legal implementation of the right of a state. This step would promote to improving legal basis of the institution of responsibility of states for wrongful use of force within the right of international responsibility. Currently, the term self-defence is interpreted widely and legal academics do not strive for making it clarified. The problem under discussion is also relevant as the right of states to individual and collective self-defence plays an important role in strengthening the current system of universal collective security ensured by the UN and regional systems of collective security. Hence, one of the aims of the author is to analyze the position taken by the right of states to individual and collective self-defence. As this system is intended to minimize the use of force in international relations, it is crucial to exclude controversial aspects relating to implementing force the rights of states to individual and collective self-defence to avoid the grounds for the collective defence system.