Theory of the Use of Force Based on State Consent: A Human-Oriented Perspective

The West Bengal National University of Juridical Sciences, Kolkata (NUJS) – International Law Students Association (ILSA) Chapter & the Centre for International Law and Diplomacy (CILD), NUJS organised the 8th guest lecture by Dr. Manaka Murakado, Assistant Professor of Law at the Kyoto University, Japan, the talk explored:
“Theory of the Use of Force Based on State Consent: A Human-Oriented Perspective”
Key takeaways:

• The meeting began with a discussion on the justification of the use of force by state consent.
• Participants explored both theoretical and practical aspects of this concept.
• Draft articles on state responsibility were presented, and their implications were discussed in the context of state consent.
• Two different opinions regarding the legal nature of consent under international law were examined, including the theory of non-application and the theory of precluding wrongfulness.
• Article 3 of the UNGA resolution on the definition of agreements was reviewed and its relevance to the discussion was highlighted.
• A new theoretical framework was introduced to address limitations identified in existing studies.
• The dualistic understanding of the principle of non-use of force was discussed from both state-to-state and human-oriented perspectives.
• The relationship between human interests and state interests was explored, considering changes in the international community since the establishment of the UN Charter.
• The extent to which “certain” human interests are included in the principle of non-use of force was analyzed.
• Practical questions arising from the new theoretical framework were addressed to facilitate a comprehensive understanding.
• The discussion briefly touched upon various theories, including non-intervention in civil wars, effective control, democratic legitimacy, and the theory of effective protection.