The right of self-defence under international law has mainly been discussed from the viewpoint of the Charter of the United Nations and customary international law but rarely from the viewpoint of the law of international organizations. However, the Charter of the United Nations, which stipulates the right of self-defence under Article 51, is a treaty as well as a constituent instrument of an international organization. The questions then are as follows: How will “the right of self-defence” be viewed from the perspective of the law of international organizations, which consolidate rules common to such instruments? Moreover, is it significant to look at the right of self-defence from such a perspective? Here, I would like to consider using the issue of terrorism as the subject matter. In other words, it has been vigorously debated whether following the September 11, 2001 attacks, the legal concept of “armed attack by terrorists” is acceptable, i.e., whether “the right of self-defence against terrorists”（or simply called “self-defence against terrorists”）is acceptable. Along these lines, this article aims to clarify the significance of viewing the right of self-defence from the perspective of the law of international organizations through the 9/11 issue.

(佐藤哲夫先生　退職記念 = Commemorating Professor Tetsuo SATOʼs Retirement)

一橋大学大学院法学研究科

2018-11-10

Japanese(jpn)

departmental bulletin paper

VoR

10.15057/29729

1347-0388

AA1161370X

一橋法学

17

3

147

167

17巻3号(2018.11)

https://hdl.handle.net/10086/29729