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Just War Or Just Peace

Author: Simon Chesterman
Publisher: Oxford University Press on Demand
ISBN: 9780199257997
Size: 15.23 MB
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The question of the legality of humanitarian intervention is, at first blush, a simple one. The Charter of the United Nations clearly prohibits the use of force, with the only exceptions being self-defence and enforcement actions authorized by the Security Council. There are, however, long-standing arguments that a right of unilateral intervention pre-existed the Charter. This book, which won the ASIL Certificate of Merit in 2002, begins with an examination of the genealogy of that right, and arguments that it might have survived the passage of the Charter, either through a loophole in Article 2(4) or as part of customary international law. It has also been argued that certain `illegitimate' regimes lose the attributes of sovereignty and thereby the protection given by the prohibition of the use of force. None of these arguments is found to have merit, either in principle or in the practice of states. A common justification for a right of unilateral humanitarian intervention concerns the failure of the collective security mechanism created after the Second World War. Chapters 4 and 5, therefore, examine Security Council activism in the 1990s, notable for the plasticity of the circumstances in which the Council was prepared to assert its primary responsibility for international peace and security, and the contingency of its actions on the willingness of states to carry them out. This reduction of the Council's role from substantive to formal partly explains therecourse to unilateralism in that decade, most spectacularly in relation to the situation in Kosovo. Crucially, the book argues that such unilateral enforcement is not a substitute for but the opposite of collective action. Though often presented as the only alternative to inaction, incorporating a `right' of intervention would lead to more such interventions being undertaken in bad faith, it would be incoherent as a principle, and it would be inimical to the emergence of an international rule of law.

Contemporary Moral Issues

Author: Lawrence M. Hinman
Publisher: Routledge
ISBN: 131550992X
Size: 63.55 MB
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Contemporary Moral Issues is an anthology that provides a selection of readings on contemporary social issues revolving around three general themes: Matters of Life and Death, Matters of Equality and Diversity, and Expanding the Circle, which includes duties beyond borders, living together with animals, and environmental ethics. The text contains a number of distinctive, high-profile readings and powerful narratives, including Jonathan Foer's "Eating Animals," Eva Feder Kittay's "On the Ethics of Selective Abortion for Disability," and Susan M. Wolf's "Confronting Assisted Suicide and Euthanasia: My Father's Death." Each set of readings is accompanied by an extensive introduction, a bibliographical essay, pre-reading questions, and discussion questions.

The Cambridge Companion To Human Rights Law

Author: Conor Gearty
Publisher: Cambridge University Press
ISBN: 110701624X
Size: 37.68 MB
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Captures the essence of the multi-layered subject of human rights law in a way that is authoritative, critical and scholarly.

Human Rights

Author: Christian Tomuschat
Publisher: OUP Oxford
ISBN: 0191506699
Size: 78.91 MB
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This third edition of Human Rights: Between Idealism and Realism presents human rights in action, focusing on their effectiveness as legal tools designed to benefit human beings. By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this volume provides a multidimensional overview of human rights. After examining briefly the history of human rights, the author analyses the intellectual framework that forms the basis of their legitimacy. In particular, he covers the concept of universality and the widely used model that classifies human rights into clusters of different 'generations'. In this edition, the author brings together the fundamental aspects of human rights law, addressing human dignity as the ethical foundation of human rights, the principle of equality and non-discrimination as the essence of any culture of human rights, the protections against racial discrimination and discrimination against women, and assesses the individual as a subject of international law. The volume then moves on to assess the activities of the political institutions of the United Nations, the expert bodies established by the relevant treaties, and the international tribunals specifically entrusted at the regional level with protecting human rights. This edition also includes specific analysis of the actions mandated by the UN Security Council against Libya in 2011. It also includes greater coverage of the jurisprudence of the Inter-American Court of Human Rights and the African Commission on Human and Peoples' Rights. The author explains how and why the classical array of politically inspired informal devices has been enriched by the addition of international criminal procedures and by endeavours to introduce civil suits against alleged individual violators of human rights. Finally, the volume is rounded off by a consideration of the importance of humanitarian law as an instrument for the protection of human life and dignity and an exploration of the future of human rights.

The Iraq Crisis And World Order

Author: Ramesh Chandra Thakur
Publisher: United Nations Univ
ISBN:
Size: 42.12 MB
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The Iraq war was a multiple assault on the foundations and rules of the existing UN-centered world order. It called into question the adequacy of existing institutions for articulating global norms and enforcing compliance with the demands of the international community. The war was simultaneously a test of the UN's willingness and ability to deal with brutal dictatorships and a searching scrutiny of the nature and exercise of American power. The UN Security Council is the core of the international law enforcement system and the principal vehicle for pursuit of multilateral goals. The United States' emergence as sole superpower after the cold war distorted the structural balance in the UN schema. The United States has global power; the United Nations is the fount of international authority. Progress toward a world of a rules-based, civilized international order requires that U.S. force be put to the service of lawful international authority. This book examines these major normative and structural challenges from a number of different perspectives.

Civil War And The Rule Of Law

Author: Agnès G. Hurwitz
Publisher: Lynne Rienner Pub
ISBN:
Size: 73.74 MB
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How do rule of law programs contribute to conflict management? What strategies best address the challenges to securing the rule of law in fragile countries? What place do rule of law policies have in efforts to achieve stable and equitable development?The authors of Civil War and the Rule of Law address these fundamental questions, analyzing rule of law programs in the context of conflict prevention, peacekeeping, and peacebuilding activities. Throughout the book, they emphasize the critical relationship linking the rule of law, security, development, and human rights.Agnes Hurwitz is in the Office of the President of the International Criminal Tribunal for the Former Yugoslavia. In 2004?2006 she headed the Rule of Law Project at the International Peace Academy. Reyko Huang, formerly a program officer at the International Peace Academy, is a doctoral candidate in political science at Columbia University.Contents: Civil War and the Rule of Law: Toward Security, Development, and Human Rights?A. Hurwitz. The Rule of Law: Conceptual Perspectives. Exploring the Rule of Law in Theory and Practice?R. Mani. Invoking the Rule of Law: International Discourses?B. Rajagopal. Conflict Prevention, Peacekeeping, and Peacebuilding. Conflict Prevention and the Rule of Law: Rhetoric and Reality?C.L. Sriram. UN Peacekeeping Operations and Rule of Law Programs?W.G. O?Neill. Transitional Codes: Laying the Foundation of the Rule of Law?C. Rausch and V. O?Connor. Transfer of Authority in Postconflict Operations: The Trope of Ownership?S. Chesterman. Addressing the Past: Reparations for Gross Human Rights Abuses?P. de Greiff. Linking Security, Development, and Human Rights. Beyond Restitution: Housing, Land, Property, and the Rule of Law?A. Hurwitz. Corruption: A Rule of Law Agenda?M. O?Donnell. Toward the International Rule of Law: Economic Instruments and Collective Security?L.B. de Chazournes. Counterterrorism and the Rule of Law?R. Huang. Conclusion. Conclusion?A. Hurwitz.