무력사용에 관한 유엔헌장 검토

Critical Review on Provision concerning Use of Force on UN Charter

Article 2(4) of the U.N. Charter prohibits the use of force and the threat of force in principle. Only the right to self-defense under Article 51 of the Charter and the use of force approved by the United Nations Security Council are allowed as exceptions. However, there are many differences in the interpretation of Article 2(4), which prohibits the use of force in principle. Traditional interpretation which Professor Brownlie supported is that the use of force should be strictly restricted according to the purpose of the establishment of the United Nations. However, there is also the argument that the use of force should be allowed additionally if it meets the purpose of the United Nations through literal interpretation. In addition, there is an argument that Article 2 (4) should be interpreted through teleological interpretation to settle the situations such as genocide which Professor Reisman, Yale Law school argued. Nevertheless, Aforementioned theories do not provide complete logic to be able to fill a gap between the United Nations' ideology and reality. The gap between Article 2(4) of the UN Charter and reality is not based on the essential flaws of Article 2(4) of the UN Charter. For almost 80 years after the signing of the U.N. Charter, the revision of the U.N. Charter has been amended only in procedural matters. The time has come to consider seriously the revision of the United Nations Charter in response to the development of science and technology and the resulting changes in human society. In the case of Article 2, Paragraph 4, the same aspect was encountered.