The self-defence contemporary struggle. Is modern action changing the proportionality principle?

Abstract

The process of development of Customary International Law is one that feels somewhat senseless. Contrary to the laws that require a written process, a signature and a ratification, the process of evolution of Customary Law requires a different amount of willingness and repetition in order to gradually change. Most of all, it requires a retrospective study to acknowledge its evolution, which makes a real-time analysis difficult to evaluate. The XXI century revealed a World in fast progression, with the advances of technology and the affordability of access to the Internet. Law is not isolated from this evolution and this reflection attempts to verify that, in fact, the social developments of the century have a direct impact on the way international law is also fast-evolving. The struggle international jurists have is how to interpret the legal tools available in light of the particular circumstances they face. With Customary Law in particular, some of the rules date back to times that no longer have parallel to the circumstances lived in the XXI century. Yet, they are still valid and are still basing the decision-making of the modern problems. With a focus on International Self-Defence in general, and in the Proportionality Principle in particular, the present research was done in order to understand the length that International Relations, State action and Jurisprudence are affecting the direction of Customary International Law’s evolution. The focus is not on the causes of the changes, but rather how much influence do international actions are having in International Law.