Uso da força, iminência e direito internacional

Abstract

Aware of the importance of time for International Law, we propose, with this dissertation, to examine the evolution of the concept of imminence in the normative framework of the use of force. By contrasting the classical understanding with more recent invocations, in the thematic scenario of self–defense, we sought to inquire the conceptual transformation of imminence. From such an analysis, we concluded that its conception is unsustainable when exempted from temporal proximity. Considering the emergence of new threats and the development of new military technologies, we recognized the necessity to rebalance the determination of imminence. To this extent, we endorsed the relative flexibility of the time variable, through the substantiation – public, clear and convincing – of the inherent prospective assessment. We concluded the study by setting out a solution to tackle subversive invocations of imminence – or, in other words, to prevent the instrumentalization of the immediacy of time –, materializing it with a relative presumption of the unlawfulness of the unilateral use of force against imminent attacks.

Date of Award	29 Jul 2021
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	José Azeredo Lopes (Supervisor)