1. Operační program Vzdělávání pro konkurenceschopnost Název projektu: Inovace magisterského studijního programu Fakulty ekonomiky a managementu Registrační číslo projektu: CZ.1.07/2.2.00/28.0326 Political Science and International Relations Selected aspects of international law development

2. Goals of lecture To define basic terms in the international law To define key principles of international security To explain why is it prohibited to use force and expetions To characterize the institution of prohibition of interference to other state issues

3. Basic terms definition National security National security is the requirement to maintain the survival of the state through the use of economic power, diplomacy, power projection and political power. Initially focusing on military might, it now encompasses a broad range of facets, all of which impinge on the non military or economic security of the nation and the values espoused by the national society. Other dimensions: economic security, energy security, environmental security, etc. Security threats involve not only conventional foes such as other nation- states but also non-state actors such as violent non-state actors, narcotic cartels, multinational corporations and non-governmental organisations; some authorities include natural disasters and events causing severe environmental damage in this category.

4. Basic terms definition International security International security consists of the measures taken by nations and international organizations, such as the United Nations, to ensure mutual survival and safety. These measures include military action and diplomatic agreements such as treaties and conventions. International and national security are invariably linked. International security is national security or state security in the global arena. Walter Lippmann (1944) views security as the capability of a country to protect its core values, both in terms that a state need not sacrifice core values in avoiding war and can maintain them by winning war. Barry Buzan (2000) views the study of international security as more than a study of threats, but also a study of which threats that can be tolerated and which require immediate action.

5. Key principles in international relations and security 1) The threat or use of force against the territorial integrity or political independence of any state are illegal 2) Prohibition of interference 3) Peaceful and diplomatic settlement of disputes between states

6. Prohibition of threat or use of force Based in UN Charter from 26.6.1945 The UN Charter Art. 1 – The Purposes of the United Nations are to maintain international peace and security, and to that end: to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace, and to bring about by peaceful means, and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace. Art. 2. - All Members shall settle their international disputes by peaceful means in such a manner that international peace and security, and justice, are not endangered. All Members 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 inconsistent with the Purposes of the United Nations.

7. Exceptions Possible and legal use of force according to UN: 1) if it is the action of SC UN - SC UN has monopoly for decision about peace violation and is allowed to use force against the aggressor 2) in case of self-defence or collective defence – self- defence has to be adequate, reasonable, imminent reactions against military attack, it has to stop after suspension of that attack and it is impossible during self-defence to occupy other state´s territory 3) in case of action made by regional security organization empowerd by UN – for instance NATO action in Kosovo etc.

8. Security Council and its responsibility Article 25 of the UN Charter explicitly gave the memberstates the obligation "to accept and carry out the decisions ofthe Security Council in accordance with the present Charter." The Security Council was vested with the "primaryresponsibility for the maintenance of international peace andsecurity," and granted powers with which to undertake this dutyin Chapters VI, VII, and XII of the Charter. To deal with thelack of military muscle from which the League of Nationssuffered, Article 43 requires that all member states "makeavailable to the Security Council, on its call, and inaccordance with a special agreement or agreements, armedforces, assistance, and facilities, including rights ofpassage, necessary for the purpose maintaining internationalpeace and security.

9. Security Council and its responsibility The Councilcan, according to Article 33(1), then call upon the partiesinvolved to settle their dispute by "negotiation, enquiry,mediation, conciliation, arbitration, judicial settlement,resort to regional agencies or arrangements, or other peacefulmeans of their own choice.“ If the parties fail to reachaccord by these methods, the issue must be referred to theSecurity Council, which may make its own recommendation orrefer it to the International Court of Justice.

10. Operační program Vzdělávání pro konkurenceschopnost Název projektu: Inovace magisterského studijního programu Fakulty ekonomiky a managementu Registrační číslo projektu: CZ.1.07/2.2.00/28.0326 Political Science and International Relations Selected aspects of international law development