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4/26/2014 What is intervention and when it is permitted under international law. (1998)(1999)
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What is intervention and when it is permitted under international law. (1998)(1999)
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What is intervention and when it is permitted under international law. (1998)(1999)
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1. Introduction:
Intervention is right of every state. when one state intervenes in the affairs of
another state through force then as a reaction against this violation,
international law, permits intervention. it is forcible and without the consent of
the state where in the intervention is done. general assembly of the unite 1
nation has made non- intervention a duty of all the states. intervention may
effect internal or external affairs of another state.
2. Meaning of intervention:
The term "intervention" is used by some writers in the expression "subversive
intervention" to denote propaganda or other activity by one state into the
affairs of another state.
3. Definition:
According to Oppenheim:
"Intervention is dictorial interference by a state in the affairs of another state
for the purpose of maintaining or altering the actual conditions of things."
4. Form of intervention:
Intervention may be diplomatic or military.
5. Kinds of intervention:
Intervention has kinds following.
(a) Internal.
(b) External.
(c) Punitive.
6. Principle of non- intervention:
Principle of non- invention has been stated under article 2(4) of the united
nations. this principle has also been re- affirmed by the general assembly
through its resolution 2131 9xx) of December 1965.
Exception:
Individual and collective self defence as contained in article 51.
7. Elements of intervention:
Elements of the intervention are as under.
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4/26/2014 What is intervention and when it is permitted under international law. (1998)(1999)
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(a) Forcibility or use of force.
(b) By a state.
(c) By a state.
(d) Against a state.
8. Object of intervention:
Object of intervention is to make the conditions according to the wishes of
intervention state.
9. Grounds for intervention under international law:
Following are grounds for intervention which are permitted under international
law.
I. Self defence:
According to oppenhiem use of force in self defence is justified where it is
necessary for self preservation.
(a) Conditions:
The right of self defence is available subject to the conditions as under.
(i) There should be an arm attack.
(ii) Report should be made to security council.
(iii) There shall be no effect on security council responsibility for keeping
peace.
(iv) Right is subject to the review of security council.
(v) Right of self defence exits until security council has taken any action.
(vi) This right is not available against non- member of united nation.
The Coroline case 1841:
Following principle was laid down in this case.
"Necessity of self defence should be instant, overwhelming and leaving no
choice or means and no moment for deliberation."
II. Collective intervention:
Under the charter of united nation collective intervention can be made to
check an aggression on the breach of international peace and security. in
chapter (vii) security council has been empowered to take collective action if
there exist a threat or breach of the international peace and security or an
aggression has taken place.
(iii) Intervention on humanitarian ground:
Humanity is also justification for intervention by a state. when human rights
are openly violated, other states can interfere to check violation of human
rights. it is controversial question as to whether after the enforcement of
charter of united nation, intervention is lawful or not. now this type of
intervention is not permissible under international law.
(iv) Intervention to protect persons and property:
State can interfere on the ground to protect the persons and property.
(v) Intervention for balance of power:
It was permitted in the past but after the establishment of united nation no
state can intervene in the internal and external affairs of other state.
(vi) Intervention to maintain international law:
It was permitted before the establishment of united nation. now intervention
of international law is not permissible.
(vii) Intervention for enforcement of treaty rights:
A state is justified to interfered the external or internal affairs of other state
for the enforcement of rights of treaty. united nation does not recognise this
intervention.
10. Present position under U. N Charter:
Now under U. N charter intervention can not be justified on any ground. the
charter has prohibited the use of force by a state in the affairs of another
state by virtue of article 2 para 4 i. e. all members states shall refrain in their
international relations from the threat or use of force, against the territorial
integrity or political independence of any state or in any other manner in
consistent with the purposes of the united nation.
11. Conclusion:
To conclude it can be said that intervention is a dictatorial interference by a
state in the affairs of other state. when principle of non interference is
violated, it is referred to intervention. it may be diplomatic or military.
intervention is a rule forbidden by international law but there are exceptional
cases where a state can intervene in the affairs of other state.
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What is intervention and when it is permitted under international law

  • 1. 4/26/2014 What is intervention and when it is permitted under international law. (1998)(1999) http://www.vuhelp.net/public-international-law-llb-part-2/38343-what-intervention-when-permitted-under-international-law-1998-1999-a.html 1/3 Forum Main Category Punjab University Lahore LLB Public International Law LLB part 2 What is intervention and when it is permitted under international law. (1998)(1999) Recommend this on Google Sponsored Links Internal Assignments International Law Seo Human Rights This Thread Intervention Violations Military pay scales Charters Internal If this is your first visit, be sure to check out the FAQ by clicking the link above. You may have to register before you can post: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Thread: What is intervention and when it is permitted under international law. (1998)(1999) User Name Password Log in Remember Me? RegisterHelp New Posts Groups Punjab Boards Today's Posts FAQ Calendar Community Forum Actions Quick Links Advanced Search ► International Law ► State Sovereignty ► The International ► Intervention + Reply to Thread Results 1 to 1 of 1 LinkBack Thread Tools Display 09-07-2012 02:06 PM What is intervention and when it is permitted under international law. (1998)(1999) Sponsored Links View more the latest threads: Helping material on International law Montevideo Convention Discuss the composition and functions of the security... International court of justice does not have jurisdiction... Write a note on war crimes. (2004)(2005) Discuss provisions of Geneva convention on prisoner of war.... Draw a distinction between neutral and neutralized state.... Pirates are enemies of mankind. discuss law for priates in... What is intervention and when it is permitted under... Write a detailed note on the privileges and immunities of... 1. Introduction: Intervention is right of every state. when one state intervenes in the affairs of another state through force then as a reaction against this violation, international law, permits intervention. it is forcible and without the consent of the state where in the intervention is done. general assembly of the unite 1 nation has made non- intervention a duty of all the states. intervention may effect internal or external affairs of another state. 2. Meaning of intervention: The term "intervention" is used by some writers in the expression "subversive intervention" to denote propaganda or other activity by one state into the affairs of another state. 3. Definition: According to Oppenheim: "Intervention is dictorial interference by a state in the affairs of another state for the purpose of maintaining or altering the actual conditions of things." 4. Form of intervention: Intervention may be diplomatic or military. 5. Kinds of intervention: Intervention has kinds following. (a) Internal. (b) External. (c) Punitive. 6. Principle of non- intervention: Principle of non- invention has been stated under article 2(4) of the united nations. this principle has also been re- affirmed by the general assembly through its resolution 2131 9xx) of December 1965. Exception: Individual and collective self defence as contained in article 51. 7. Elements of intervention: Elements of the intervention are as under. #1 Join Date: Posts: Oct 2010 1,273 vustudents Moderator Forum
  • 2. 4/26/2014 What is intervention and when it is permitted under international law. (1998)(1999) http://www.vuhelp.net/public-international-law-llb-part-2/38343-what-intervention-when-permitted-under-international-law-1998-1999-a.html 2/3 « Previous Thread | Next Thread » (a) Forcibility or use of force. (b) By a state. (c) By a state. (d) Against a state. 8. Object of intervention: Object of intervention is to make the conditions according to the wishes of intervention state. 9. Grounds for intervention under international law: Following are grounds for intervention which are permitted under international law. I. Self defence: According to oppenhiem use of force in self defence is justified where it is necessary for self preservation. (a) Conditions: The right of self defence is available subject to the conditions as under. (i) There should be an arm attack. (ii) Report should be made to security council. (iii) There shall be no effect on security council responsibility for keeping peace. (iv) Right is subject to the review of security council. (v) Right of self defence exits until security council has taken any action. (vi) This right is not available against non- member of united nation. The Coroline case 1841: Following principle was laid down in this case. "Necessity of self defence should be instant, overwhelming and leaving no choice or means and no moment for deliberation." II. Collective intervention: Under the charter of united nation collective intervention can be made to check an aggression on the breach of international peace and security. in chapter (vii) security council has been empowered to take collective action if there exist a threat or breach of the international peace and security or an aggression has taken place. (iii) Intervention on humanitarian ground: Humanity is also justification for intervention by a state. when human rights are openly violated, other states can interfere to check violation of human rights. it is controversial question as to whether after the enforcement of charter of united nation, intervention is lawful or not. now this type of intervention is not permissible under international law. (iv) Intervention to protect persons and property: State can interfere on the ground to protect the persons and property. (v) Intervention for balance of power: It was permitted in the past but after the establishment of united nation no state can intervene in the internal and external affairs of other state. (vi) Intervention to maintain international law: It was permitted before the establishment of united nation. now intervention of international law is not permissible. (vii) Intervention for enforcement of treaty rights: A state is justified to interfered the external or internal affairs of other state for the enforcement of rights of treaty. united nation does not recognise this intervention. 10. Present position under U. N Charter: Now under U. N charter intervention can not be justified on any ground. the charter has prohibited the use of force by a state in the affairs of another state by virtue of article 2 para 4 i. e. all members states shall refrain in their international relations from the threat or use of force, against the territorial integrity or political independence of any state or in any other manner in consistent with the purposes of the united nation. 11. Conclusion: To conclude it can be said that intervention is a dictatorial interference by a state in the affairs of other state. when principle of non interference is violated, it is referred to intervention. it may be diplomatic or military. intervention is a rule forbidden by international law but there are exceptional cases where a state can intervene in the affairs of other state. Sponsored Links Attached Files Intervention.rtf (5.8 KB, 195 views) Share ► The International ► State Law ► Human Rights Law ► State 8 Reply With Quote + Reply to Thread
  • 3. 4/26/2014 What is intervention and when it is permitted under international law. (1998)(1999) http://www.vuhelp.net/public-international-law-llb-part-2/38343-what-intervention-when-permitted-under-international-law-1998-1999-a.html 3/3 -- Default Style -- English (US) -: Vuhelp Disclaimer :- None of the files shown here are hosted or transmitted by this server. The links are provided solely by this site's users. The administrator's or staff of Vuhelp.net cannot be held responsible for what its users post, or any other actions of its users. You may not use this site to distribute or download any material when you do not have the legal rights to do so. It is your own responsibility to adhere to these terms. If you have any doubts about legality of content or you have any suspicions, feel free to contact us. Contact Us Distance Learning Student Helping Forum Archive Top All times are GMT +5. The time now is 11:46 PM. Powered by vBulletin™ Version 4.0.3 Copyright © 2014 vBulletin Solutions, Inc. All rights reserved. SEO by vBSEO 3.6.1 Advertising positioning by Digital Point Pknews |Vugurus|Education news|Online Education|Indian Dramas Thread Information There are currently 1 users browsing this thread. (0 members and 1 guests) Visitors found this page by searching for: kinds of intervention in international law, types of intervention in international law, what is intervention in international law, http:www.vuhelp.netpublic-international-law-llb-part-238343-what-intervention-when-permitted-under-international-law-1998-1999-a.html, kinds of intervention, grounds of intervention in international law, state intervention in international law, intervention under international law, 5 intervention international law, define intervention and its kinds in international law, llb:what is intervention when it is legal in the context of international law, define intervention and its types, types of interventions in international law, What can be taken as a conclusion about intervention in international law, states and its kinds in international law, ground for state intervention international law, human rights international law by vu help, Grounds of intervention under international law, punitive intervention definition under international law, intervention international law, when is intervention permissible under international law, Kinds of intervention in politics according to international law, internal external and punitive inervention, meaning of subversive intervention, intervention nd its kinds in public international law SEO Blog You may not post new threads You may not post replies You may not post attachments You may not edit your posts BB code is On Smilies are On [IMG] code is On HTML code is Off Trackbacks are On Pingbacks are On Refbacks are On Forum Rules Posting Permissions