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A Critical Analysis Of The International Legal Framework Governing War And Diplomacy: Systemic Failures, State Non-Compliance, And The Crisis Of Multilateralism




Yashasvi Sharma, LLB, Department of Law, Bharati Vidyapeeth, Deemed University, New Delhi


ABSTRACT


The modern international legal order devised in the aftermath of World War II to prevent the evil of armed conflict now suffers from a catastrophic crisis of legitimacy, enforcement and existential relevance. In particular, Article 2(4) of the United Nations Charter established a clear prohibition of the threat or use of force, theoretically concentrating the right use of military force in the UN Security Council or the limited parameters of self-defence under Article 51. But a close doctrinal analysis of state behaviour over the past few decades shows that the world’s great powers have systematically and regularly evaded these fundamental principles, rendering the traditional rules of war and diplomacy operationally obsolete. This comprehensive study examines the structural disintegration of the international law of armed conflict.


Keywords: International Law, United Nations Charter, Use of Force, Collective Security, Sovereignty, Security Council, Veto, Self Defence, International Court of Justice, Indus Water Treaty, Crisis of Multilateralism.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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