NOTE: THE LIMITS OF THE CAROLINE DOCTRINE IN THE NUCLEAR CONTEXT: ANTICIPATORY SELF-DEFENSE AND NUCLEAR COUNTER-PROLIFERATION Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 2012 Georgetown Journal of International Law
Georgetown Journal of International Law

NOTE: THE LIMITS OF THE CAROLINE DOCTRINE IN THE NUCLEAR CONTEXT: ANTICIPATORY SELF-DEFENSE AND NUCLEAR COUNTER-PROLIFERATION

Winter, 2012

Georgetown Journal of International Law

43 Geo. J. Int'l L. 555

Author

LEAH SCHLOSS *

Excerpt

I. INTRODUCTION

On October 20, 2010, during a panel entitled Diplomacy and the Use of Force to Prevent Nuclear Weapons Proliferation at Georgetown University Law Center, Dr. Hans Blix, Chair of the Weapons of Mass Destruction Commission, stated that it would be a violation of international law to take military action against Iran in response to its pending nuclear weapons program because such action would fail to comply with the international law doctrine of self-defense against imminent attack from the United Nations (UN) Charter and the Caroline Doctrine. 1 Dr. Blix's position is arguably true. 2 However, if so, the international community should revisit this doctrine in the context of nuclear counter-proliferation to ensure that there is a legal and practical doctrine of international self-defense.

If the current standard from the UN Charter and the Caroline doctrine would not allow for an attack for the sake of nuclear counter-proliferation except in the face of an imminent nuclear attack, the current standard is insufficient for the purposes of responding to newly emerging nuclear states because of the unique nature of nuclear weapons. Therefore, the Caroline doctrine should be modified for purposes of counter-proliferation to take into account the practical inability to sufficiently eliminate a nuclear threat once a nuclear weapons program by an aggressor state has been fully developed.

This Note explores room for such modification of the self-defense standard. Part I discusses the current standard under international law by analyzing the UN Charter provisions on the use of ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities