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This paper analyzes the Naval Quarantine of Cuba
undertaken by the United States Government in the "missile
crisis" of October-November | 1962, in order to determine the
legality of the quarantine and to draw conclusions as to the
permissibility, under international law, of the use or
threat of force in self-defense. The official case made by the Government in support
of the legality of the quarantine is found to be insufficient
legally to justify the quarantine. However, analysis
of traditional International law concerning the right of
self-defense is found to justify it, and the law of the UN
Charter is found not inconsistent with this right. It is concluded that the traditional right of selfdefense
must remain unimpaired as long as it is possible for
a nation to be confronted with a situation in which the
resort to, or threat of, force is the only course offering a
reasonable prospect of that nation's continued security. |
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