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Kollektiivne enesekaitse: ajalugu, teooria ja praktika

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[Collective Self-Defence: History, Theory and Practice] States have an inherent right to defend themselves. Beside more common individual self-defence, there is also collective self-defence that provides additional security. The latter offers advantages both in countering a factual armed conflict and in deterring potential aggressors. The article examines the historic development of collective self-defence, different forms of exercising such defence, relevant state practice and arisen problems. To avoid abuses, States should not exercise collective self-defence unless the State which is the victim of an armed attack (1) has formed and declared the view that it has been so attacked and (2) has requested assistance. The victim State is in the best position to evaluate the situation and other States should respect its assessment. The right to participate in collective self-defence should not depend on whether a particular State was itself attacked or its vital interests were violated. International peace and security is best maintained by a scheme where a widest range of States may come to the aid of the attacked State. The right to participate should not depend also on the degree of organisation or treaty relationship, but instead on the fulfilment of substantial prerequisites. As long as the collective security system within the United Nations framework remains rather ineffective due to the lack of political compromise, collective self-defence remains the best guarantee in case of an armed attack.


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