Professor Franck's Lament

Sofaer, Abraham D.

Journal: UC Law SF International Law Review

Volume: 27

First Page: 437

Year: 2004

Bluebook Citation: 27 UC L. SF INT'L L. REV. 437 (2004)

Author: Abraham D. Sofaer: all 19 publications


Abstract

Not only does the National Security Strategy rely on the use of force, but it also advocates other means of achieving security, such as diplomacy and alliances. In contrast to Professor Franck, this paper defends the approach the Bush Administration has taken with regards to the National Security Strategy. The text of the Strategy does not give the United States the power to use force whenever it feel that its superiority is threatened. The U.N. Charter also does not prohibit a state from using force to preserve the integrity of that state.

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