CONFLICTOS TERRITORIALES Y USO DE LA FUERZA EN LA PRACTICA INTERNACIONAL

• Published in: Revista española de derecho internacional 1992-07, Vol.44 (2), p.351-380
• Main Author: González Vega, Javier A.
• Format: Article
• Language: Spanish
• Subjects: DOCTRINA
• ISSN: 0034-9380; 2387-1253

Territorial Conflicts between States had often developped through situations involving the use of force. This phenomenon, contradictory with the normative restraints imposed by the International Law on the use of force, had constituted a pattern of conduct for many States during the last decades, although there are some trends of change in the recent times. This article explores the subject, in a juridical way, paying due attention to the normative developments registered and, mainly, to the internatonal practice related to territorial conflictes, with a view to give some conclusions. The evaluation of the normative developments —articles 2 (3) and 2 (4) of the United Nations Charter, G. A. Resolution 2625 (XXV) and further texts, also at regional level—does not seem problematic: International law prohibits the threat or the use of force as a mean to solve territorial conflicts between States. But this analisis must be confronted with the evolution described by the international practice on the matter. From this point of view, two conflicting trends must be signaled: a previous one aimed to erode the restrictions imposed by International Law on this topic; the latter, searching to adequate State actions related to territorial conflicts to the normative restrains on the use of force, namely improving the means of peaceful settlement of these situations. The evolution of the international practice is examined from a period (1960-1991) considered as reasonably representative to the today's international communtty. The postition of State actors and the International Community at all are considered through this period confirming two opposed attitudes face to the use of force in territorial conflicts. Recent events as the Iraq-Kuwait conflict and its related developments are situated in the new trend perceived in the international practice aimed to enhance the effectiveness of the prohibition of the use of force in territorial conflicts. As a conclusion, this article asserts that the evolution in international practice in this topic —so called as the "swinging of the pendulum"— has not yet concluded and that not precluded the revival of some sort of practices leading to an erosion of the prohibition of the use of force in other areas.