This article is referenced to the thirtieth anniversary of the ICJ’s Nicaragua judgement on the merits of 1986. It acknowledges the significance of this much-debated judgement for the modern international law on the use of force (jus ad bellum). However the text focuses on one aspect of the judgment only, i.e. the definition of the notion of “armed attack” as the most grave form of the use of force. The impact of the judgement in this respect is critically analysed. It is argued that the introduction to the UN Charter text of undefined notions of the use of force, aggression, and armed attack may be labelled as the “original sin” of contemporary jus ad bellum, as it results in conceptual obscurity. It is also claimed that the ICJ reaffirmed this original sin in its Nicaragua judgment because it explicitly argued for the notion of “armed attack” as the most grave form of the use of armed force and, in consequence, distinguished it from the other, lesser forms of the use of force, while failing to introduce any sort of clarity in the conceptual ambiguity of jus ad bellum. The article also offers some remarks de lege ferenda and suggests abandoning the gravity criterion, which would require abandoning the well-established judicial and doctrinal interpretation approaches to jus ad bellum.
Article 51 of the UN Charter, in aﬃ rming the inherent right of self-defence of each UN Member State “against which an armed attack has occurred”, clearly indicates that the concept of armed attack plays a key role in delineating the right of self-defence. The concept in question was not, however, deﬁ ned in the UN Charter, and no universally acceptable deﬁ nition has yet emerged either in practice or in doctrine. One of the fundamental questions to be addressed in this context is who must engage in armed activity for it to qualify as an armed attack. This question is of particular relevance today because of the threat of international terrorism and the expansion of the concept of armed attack through the inclusion of an act of terrorism. The article discusses in some detail the emerging legal framework for attribution of actions undertaken by non-state actors to states.
This paper presents a complex study of anhydrite interbeds influence on the cavern stability in the Mechelinki salt deposit. The impact of interbeds on the cavern shape and the stress concentrations were also considered. The stability analysis was based on the 3D numerical modelling. Numerical simulations were performed with use of the Finite Difference Method (FDM) and the FLAC3D v. 6.00 software. The numerical model in a cuboidal shape and the following dimensions: length 1400, width 1400, height 1400 m, comprised the part of the Mechelinki salt deposit. Three (K-6, K-8, K-9) caverns were projected inside this model. The mesh of the numerical model contained about 15 million tetrahedral elements. The occurrence of anhydrite interbeds within the rock salt beds had contributed to the reduction in a diameter and irregular shape of the analysed caverns. The results of the 3D numerical modelling had indicated that the contact area between the rock salt beds and the anhydrite interbeds is likely to the occurrence of displacements. Irregularities in a shape of the analysed caverns are prone to the stress concentration. However, the stability of the analysed caverns are not expected to be affected in the assumed operation conditions and time period (9.5 years).