Kaminskyi I. The international legal characteristics of the use of non-armed force

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0418U001868

Applicant for

Specialization

  • 12.00.11 - Міжнародне право

06-06-2018

Specialized Academic Board

Д 41.086.04

Essay

The thesis presents a research of genesis of category of force in doctrine and practice of international law, identification of international legal framework of the use of non-armed force. The thesis highlights general and special aspects of responsibility of subjects of international law for acts of use of non-armed force. The Author suggests that force as a category within international law should be characterized as one that has dual nature, i.e. consists of armed and non-armed facets. The Author argues that the use of non-armed force is an exercise of influence by one subject of international law on another subject of international law through measures, which are not armed (non-armed measures) for the aim to change the behavior of the latter. Consequently, armed measures are actions of a subject of international law regarding the use of weapons or armed forces. In this context the thesis contains the proposition to understand the weapon as the object of material world, which operates basing on the principle of physical affect, and is specially designed or transformed for the aim of destruction, damaging or disruption of regular functioning of any material objects, and also for killing individuals and destruction of components of the biosphere or causing harm to these latter. Additionally, the thesis investigates and analyses methodology of differentiation between armed and non-armed cyberforce because of the differentiation directly affects on the list of international legal grounds for prohibition of its use and international legal regime of such uses. The Author analyses general and special aspects of responsibility of subjects of international law (states and international organizations) for acts of use of non-armed force as well.

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