This chapter examines the meaning of a ‘use of force’ under article 2(4) of the UN Charter, focusing on its required effects, gravity and intention. It analyses the required type of effects, namely, whether they must be physical, the required object/target, the required level of directness between the act and its harmful effects, and if temporary or potential effects count. With respect to gravity, it argues there is no de minimis threshold for a ‘use of force’ under article 2(4) but that gravity is nonetheless relevant to the contextual requirement that the act be in ‘international relations’ and is an indicative element of a ‘use of force’. Finally, it analyses whether a particular intention is required for a ‘use of force’ under article 2(4), examining accident, mistake and coercive and hostile intent. This section considers the relationship between the prohibitions of the ‘threat’ and ‘use’ of force, the non-intervention principle and the object and purpose of article 2(4). It concludes that like gravity, a coercive or hostile intent is relevant to the contextual requirements of article 2(4) and is an indicative element of a ‘use of force’.

Chapter 2’s purpose is to provide some focused discussion on the meaning of the ‘force’ prohibited in Article 2(4) and customary international law. In seeking to expose the uncertainties regarding this particular term, various factors or common elements of ‘force’ are distilled. After looking at the prohibition of force in the context of the principle of non-intervention, the chapter moves on to look at the type of force that the prohibition is concerned with and, concluding that it is ‘armed force’, then moves on to attempt to distil the key elements of such force, including whether it is the means used or the effects created which is of importance, and whether force can be used indirectly. The chapter then addresses the ‘gravity’ or severity aspects of a use of force, in particular by distinguishing it from an armed attack or act of aggression, but also by examining whether there is a level of force – or de minimis threshold – below which an action falls out of the remit of the prohibition. Finally, and having distilled the key practical components of a prohibited use of force, the chapter focuses upon the mens rea component.

The decision whether or not to impose an anti-dumping duty in cases where all requirements for the imposition have been fulfilled, and the decision whether the amount of the anti-dumping duty to be imposed shall be the full margin of dumping or less, are decisions to be made by the authorities of the importing Member. It is desirable that the imposition be permissive in the territory of all Members, and that the duty be less than the margin if such lesser duty would be adequate to remove the injury to the domestic industry.