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Just War Or Just Peace

Author: Simon Chesterman
Publisher: Oxford University Press on Demand
ISBN: 9780199257997
Size: 34.79 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.

Humanitarian Intervention

Author: J. L. Holzgrefe
Publisher: Cambridge University Press
ISBN: 9780521529280
Size: 59.64 MB
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An interdisciplinary approach to humanitarian intervention by experts in law, politics, and ethics.

The Oxford Handbook Of The Use Of Force In International Law

Author: Marc Weller
Publisher: OUP Oxford
ISBN: 0191653918
Size: 77.31 MB
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The prohibition of the use of force in international law is one of the major achievements of international law in the past century. The attempt to outlaw war as a means of national policy and to establish a system of collective security after both World Wars resulted in the creation of the United Nations Charter, which remains a principal point of reference for the law on the use of force to this day. There have, however, been considerable challenges to the law on the prohibition of the use of force over the past two decades. This Oxford Handbook is a comprehensive and authoritative study of the modern law on the use of force. Over seventy experts in the field offer a detailed analysis, and to an extent a restatement, of the law in this area. The Handbook reviews the status of the law on the use of force, and assesses what changes, if any, have occurred in consequence to recent developments. It offers cutting-edge and up-to-date scholarship on all major aspects of the prohibition of the use of force. The work is set in context by an extensive introductory section, reviewing the history of the subject, recent challenges, and addressing major conceptual approaches. Its second part addresses collective security, in particular the law and practice of the United Nations organs, and of regional organizations and arrangements. It then considers the substance of the prohibition of the use of force, and of the right to self-defence and associated doctrines. The next section is devoted to armed action undertaken on behalf of peoples and populations. This includes self-determination conflicts, resistance to armed occupation, and forcible humanitarian and pro-democratic action. The possibility of the revival of classical, expansive justifications for the use of force is then addressed. This is matched by a final section considering new security challenges and the emerging law in relation to them. Finally, the key arguments developed in the book are tied together in a substantive conclusion. The Handbook will be essential reading for scholars and students of international law and the use of force, and legal advisers to both government and NGOs.

The Oxford Handbook On The United Nations

Author: Thomas G. Weiss
Publisher: Oxford University Press
ISBN: 0192524658
Size: 65.89 MB
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This Handbook provides in one volume an authoritative and independent treatment of the UN's seventy-year history, written by an international cast of more than 50 distinguished scholars, analysts, and practitioners. It provides a clear and penetrating examination of the UN's development since 1945 and the challenges and opportunities now facing the organization. It assesses the implications for the UN of rapid changes in the world - from technological innovation to shifting foreign policy priorities - and the UN's future place in a changing multilateral landscape. Citations and additional readings contain a wealth of primary and secondary references to the history, politics, and law of the world organization. This key reference also contains appendices of the UN Charter, the Statute of the International Court of Justice, and the Universal Declaration of Human Rights.

Debating Humanitarian Intervention

Author: Fernando R. Tesón
Publisher: Oxford University Press
ISBN: 0190202920
Size: 56.93 MB
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When foreign powers attack civilians, other countries face an impossible dilemma. Two courses of action emerge: either to retaliate against an abusive government on behalf of its victims, or to remain spectators. Either course offers its own perils: the former, lost lives and resources without certainty of restoring peace or preventing worse problems from proliferating; the latter, cold spectatorship that leaves a country at the mercy of corrupt rulers or to revolution. Philosophers Fernando Tesón and Bas van der Vossen offer contrasting views of humanitarian intervention, defining it as either war aimed at ending tyranny, or as violence. The authors employ the tools of impartial modern analytic philosophy, particularly just war theory, to substantiate their claims. According to Tesón, a humanitarian intervention has the same just cause as a justified revolution: ending tyranny. He analyzes the different kinds of just cause and whether or not an intervener may pursue other justified causes. For Tesón, the permissibility of humanitarian intervention is almost exclusively determined by the rules of proportionality. Bas van der Vossen, by contrast, holds that military intervention is morally impermissible in almost all cases. Justified interventions, Van der Vossen argues, must have high ex ante chance of success. Analyzing the history and prospects of intervention shows that they almost never do. Tesón and van der Vossen refer to concrete cases, and weigh the consequences of continued or future intervention in Syria, Somalia, Rwanda, Bosnia, Iraq, Lybia and Egypt. By placing two philosophers in dialogue, Debating Humanitarian Intervention is not constrained by a single, unifying solution to the exclusion of all others. Rather, it considers many conceivable actions as judged by analytic philosophy, leaving the reader equipped to make her own, informed judgments.

Contemporary Moral Issues

Author: Lawrence M. Hinman
Publisher: Routledge
ISBN: 131550992X
Size: 66.56 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.

Humanitarian Intervention And International Relations

Author: Jennifer M. Welsh
Publisher: OUP Oxford
ISBN: 0191533009
Size: 18.12 MB
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Should states use military force for humanitarian purposes? What are the challenges to international society posed by humanitarian intervention in a post-September 11th world? This path-breaking work brings together well-known scholars of law, philosophy, and international relations, together with practitioners who have been actively engaged in intervention during the past decade. Together, this team provides practical and theoretical answers to one of the most burning issues of our day. Case studies include Somalia, Rwanda, the Balkans, and East Timor, as well as the recent US intervention in Afghanistan. The book demonstrates why humanitarian intervention continues to be a controversial issue not only for the United Nations but also for Western states and humanitarian organizations.

You The People

Author: Simon Chesterman
Publisher: Oxford University Press on Demand
ISBN: 9780199284009
Size: 36.43 MB
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Drawing on extensive new field research and interviews with key individuals, Simon Chesterman presents a concise history of UN state-building operations from colonial times to the problems faced in the early 21st century. Through a close examination of topics such as peace and security, the role of the UN as government, judicial reconstruction, economic reconstruction, and exit strategies, this book provides a unique perspective on whether and how to rebuild after war.

The Cambridge Companion To Human Rights Law

Author: Conor Gearty
Publisher: Cambridge University Press
ISBN: 110701624X
Size: 60.32 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.

The Oxford Handbook Of Ethics Of War

Author: Seth Lazar
Publisher: Oxford University Press
ISBN: 0199943419
Size: 61.86 MB
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This handbook is currently in development, with individual articles publishing online in advance of print publication. At this time, we cannot add information about unpublished articles in this handbook, however the table of contents will continue to grow as additional articles pass through the review process and are added to the site. Please note that the online publication date for this handbook is the date that the first article in the title was published online.