Tuesday, June 4, 2019

Krieger & Püschmann: Securing of Resources as a Valid Reason for Using Force? – A Pre-Emptive Defence of the Prohibition on the Use of Force

Heike Krieger (Freie Universitaet Berlin - Law) & Jonas Püschmann (Max Planck Institute for Comparative Public Law and International Law) have posted Securing of Resources as a Valid Reason for Using Force? – A Pre-Emptive Defence of the Prohibition on the Use of Force. Here's the abstract:
A growing demand for natural resources embedded in current changes of the international order will put pressure on states to secure the future availability of these resources. Some political discourses suggest that states might respond by challenging the foundations of international law. Whereas the UN Charter was inter alia aimed at eliminating uses of force for economic reasons, one may observe an on-going trend of securitization of matters of resource supply resulting into the revival of self-preservation doctrines. The chapter will show that those claims lack a normative foundation in the current framework of the prohibition of the use of force. Moreover, international law has sufficient instruments to cope with disputes over access to resources by other means than the use of force. The international community, therefore, must oppose claims that may contribute to normative uncertainties and strengthen already existing instruments of pacific settlement of disputes.