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State Territory and International Law Josephat Ezenwajiaku

State Territory and International Law By Josephat Ezenwajiaku

State Territory and International Law by Josephat Ezenwajiaku


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Summary

This book proposes a re-interpretation of Article 2(4) of the Charter of the United Nations to read, or at least include, respect for the inviolability of State Territory.

State Territory and International Law Summary

State Territory and International Law by Josephat Ezenwajiaku

This book proposes a re-interpretation of Article 2(4) of the Charter of the United Nations to read, or at least include, respect for the inviolability of State territory.

While States purport to obey the prohibition of the Use of Force, they frequently engage in activities that could undermine international peace and security. In this book the author argues that State practice, opinio juris, as well as contentious and advisory opinions of the International Court of Justice, have promoted the first limb of Article 2(4). Although wars between States have decreased, the maintenance of international peace and security remains a mirage, as shown by the increase in intra- and inter-State conflicts across the world. The author seeks to initiate a rethinking of the provision of Article 2(4), which the International Court of Justice has described as the cornerstone of the United Nations. The author argues that the time is ripe for States to embrace an evolutive interpretation of Article 2(4) to mean respect, as opposed to the traditional view of the threat, or the use, of force. He also evaluates the discourse regarding territorial jurisdiction in cyberspace and argues that the efforts made by the international community to apply Article 2(4) to cyberspace suggest that the article is a flexible and live instrument that should be adjusted to address the circumstances that endanger international peace and security.

This book will engineer a serious debate regarding the scope of Article 2(4), which before now has always been limited to the threat or use of force. As a result, it will be of interest to academics and students of public international law, as well as diplomats and policymakers.

About Josephat Ezenwajiaku

Fr Josephat C. Ezenwajiaku, a Catholic priest of the Congregation of Fathers of Jesus the Saviour, completed his PhD at Brunel University, London. He also holds Iuris canonici Licentiatus from the Katholieke Universiteit Leuven, Belgium. He was Director of Works for four years at Madonna University, Okija, Nigeria. He has also held the position of the director of Pilgrim Newspapers, a subsidiary organ of Our Saviour Press, Nigeria, and now Madonna University Press, Nigeria, for two years.

Table of Contents

1. General Introduction 2. Setting Out the Theoretical Framework 3. Inviolability of State Territory and Article 2(4) of the UN Charter 4. Expanding the Frontiers of Article 2(4) to Cyberspace 5. Breaches of State Territory 6. Non-State Actors, Article 2(4) and the Sanctity of State Territory 7. An Attempt to Formulate a Theory of Respect for the Inviolability of State Territory

Additional information

NPB9780367353988
9780367353988
0367353989
State Territory and International Law by Josephat Ezenwajiaku
New
Hardback
Taylor & Francis Ltd
2020-07-10
268
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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