ESSAY QUESTION:

Is Article 2(4) of the UN Charter dead? Discuss by giving examples from contemporary international relations.

Things to keep in mind:

• Choose a position. Either yes, it is dead in the modern era/no it is not. Then formulate arguments as to why.
• The thesis of the essay should be clear and the position of the author should be made explicit at the end of the introduction.
• It is an argumentative law paper (with a critical understanding of the contemporary situation). Technically there are no right/wrong answers as long as you are able to take a position and justify/defend it argumentatively consistently.
• Must uses sources, and contemporary examples. Case of Russia-Ukraine is currently all the more pertinent to this essay
• The essay must follow clear and solid arguments and a clear outline with all parts inter-relating (with transition sentences and even titles/sub-titles for an easy read
• USE FOOTNOTES (there are different styles but pick one and be consistent with it and should be full)
• Also tackle counter-arguments (Take an integrated approach)

Have an introduction, body (III Arguments), Conclusion. — In the introduction: introduce the context or facts of the topic, cover definitions, and present your thesis/arguments: first I) this paper will discuss this, II) then this argument, and lastly, III) this argument.

Should follow the following outline:

Introduction (clear argument/position/thesis at the end of the paragraph)

I.       Argument I

1. Sub-Argument
   1. Sub-Argument

II.     Argument II

1. Sub-Argument
   1. Sub-Argument

III.   Argument III

1. Sub-Argument
   1. Sub-Argument

Conclusion

INTRODUCTION

• Context/historical context,
• Notion of just war,
• Different uses of force internationally/historically,
• …These events have led to a return to the old debate on the effectiveness of Article 2(4) of the U.N. Charter in dealing with security threats.

Article 2(4) reads:

“All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state, or in any other manner inconsistent with the Purpose of the United Nations.”

The debate on the use of force and its prohibition has a longstanding history among legal scholars as well as among practitioners. The question was first posed by Tom Franck in 1970 in his famous article “Who Killed Article 2(4)? It was then responded by Louis Henkm’s piece the following year titled “The Reports of the Death of Article 2(4) Are Greatly Exaggerated, ” and the debate has been ongoing ever since, with the Article 2 all the more relevant globally in our contemporary world.

This paper will therefore argue first that I.) Article 2(4) of the UN Charter is dead and discuss its limitations, secondly argue that II.) …. and lastly, III.) ….

I.       Article 2(4) of the UN Charter is dead and discuss its limitations

1. Title of a Sub-Argument (Include Contemporary Examples)
   1. One of the contemporary example should include Russia-Ukraine war

II.    (Insert the title of the second argument here)

1. Sub-Arguments or Contemporary Examples
   1. Contemporary examples could also include Iraq Invasion, War in Syria, Israel-Palestine conflict etc.

III.    (Insert the title of the third argument here)

1. Sub-Arguments or Contemporary Examples
   1. Contemporary examples could also include Iraq Invasion, War in Syria, Israel-Palestine conflict etc.

— Address any counter-arguments, any limitations, complexity of implementation of Article 2, International laws binding? Lack of international hierarchy of law or an implementation body

CONCLUSION