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1. |
MAP OF THE REGION |
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2. |
PRIMARY SOURCES |
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Selected provisions from
Chapters I, VI, VII of the United Nations Charter |
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United Nations Security
Council Resolutions 82 - 84 (1950) |
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3 |
WAS THE INTERVENTION LEGAL?
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3.1 |
Supportive Commentary |
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M. S. McDougal & R.
N. Gardner, The Veto and the Charter: An Interpretation for Survival, 60
Yale L. J. 258 (1951). |
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J. L. Kunz, Legality
of the Security Council Resolutions of June 25 and 27, 1950, 45 Am. J. Int.
L. 137 (1951). |
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A. E. Stevenson,
"Korea in Perspective" 30(3) Foreign Affairs 349 (1952). |
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3.2 |
Critical Commentary |
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N. Kogan, United
Nations - Agent of Collective Security? 61 Yale L. J. 1 (1951). |
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J. Stone, Legal
Controls of International Conflict 228 (1954). |
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D. W. Bowett, United
Nations Forces 29 (1964). |
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E. C. Hoyt, The
United States Reaction to the Korean Attack, 55 Am. J. Int. L. 45
(1961). |
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3.3 |
In
Retrospect: A Contemporary Korean View |
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M. Kim, The Korean War
and International Law 53 (1991). |
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Required Reading |
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United Nations Security
Council Resolutions 82 - 84 (1950); |
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M. S. McDougal & R.
N. Gardner, The Veto and the Charter: An Interpretation for Survival, 60
Yale L. J. 258 (1951); |
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N. Kogan, United Nations
- Agent of Collective Security? 61 Yale L. J. 1 (1951). |
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J. Stone, Legal
Controls of International Conflict 228 (1954). |
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Guiding Questions |
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1) Did UN Security Council
Resolutions 82 - 84 justify outside military intervention in Korea? |
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a. Categorization: Was this an
international breach of peace or just a civil war? |
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b. Justification: Were the
United States and its allies acting in Korea out of a legitimate form of
collective self-defense? An international police force authorized, tolerated or
not able to be stopped by the United Nations?
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2) Was there a relevant
binding Resolution issued by the Security Council? |
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a. Validity: What affect, if
any, did the absence of the USSR and Chinese delegations have on the validity
of those Resolutions? |
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b. Membership: What affect, if
any, does a UN Charter have on non-Members of the UN Charter (i.e., North
Korea)?
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3) Please consider the
relevant provisions in the United Nations Charter that would prohibit, justify
or tolerate the United States' use of force in Korea. |
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