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The Bear and the Dragon Pragmatism and State-centric International Law in the un Security Council

Paige, Tamsin 2021, The Bear and the Dragon Pragmatism and State-centric International Law in the un Security Council, Nordic Journal of International Law, vol. 90, no. 4, pp. 446-470, doi: 10.1163/15718107-90040006.

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Title The Bear and the Dragon Pragmatism and State-centric International Law in the un Security Council
Author(s) Paige, TamsinORCID iD for Paige, Tamsin orcid.org/0000-0002-2353-0448
Journal name Nordic Journal of International Law
Volume number 90
Issue number 4
Start page 446
End page 470
Total pages 25
Publisher Brill Academic Publishers
Place of publication Leiden, The Netherlands
Publication date 2021
ISSN 0902-7351
1571-8107
Keyword(s) UN Security Council
Russia
China
threat to the peace
law as the language of power
Summary Abstract Within the ideological confines of Western liberal democracies, two ‘truths’ are held to be self-evident: that Russia and China are opportunistic in their behaviour, and that this behaviour is strategic rather than sincere. This article is a short, empirical analysis of the justifications of Russia and China when determining a ‘threat to the peace’ in accordance with Article 39 of the Charter of the United Nations. Examining how Russia and China have justified their decisions where this concept was significantly under debate, I find that their behaviour is not as opportunistic as believed. Rather, it is consistent with ideals of pragmatism and state-centric interpretations of international law. I further suggest that the consistency of their approaches means it is of little consequence if their arguments are strategic in nature.
DOI 10.1163/15718107-90040006
Field of Research 1801 Law
HERDC Research category C1 Refereed article in a scholarly journal
Persistent URL http://hdl.handle.net/10536/DRO/DU:30160081

Document type: Journal Article
Collections: Faculty of Business and Law
Law
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