Humanitarian Intervention And The Legitimacy Of The Use Of Force
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Humanitarian Intervention And The Legitimacy Of The Use Of Force
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Author : Peter Malanczuk
language : en
Publisher: Het Spinhuis
Release Date : 1993
Humanitarian Intervention And The Legitimacy Of The Use Of Force written by Peter Malanczuk and has been published by Het Spinhuis this book supported file pdf, txt, epub, kindle and other format this book has been release on 1993 with Aggression (International law) categories.
The Legitimacy Of Use Of Force In Public And Islamic International Law
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Author : Mohammad Z. Sabuj
language : en
Publisher: Springer Nature
Release Date : 2021-06-22
The Legitimacy Of Use Of Force In Public And Islamic International Law written by Mohammad Z. Sabuj and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-22 with Political Science categories.
This book investigates the legitimacy deficits of two potentially conflicting legal systems, namely Public and Islamic international law. It discusses the challenges that Public international law is being presented within the context of its relationship with Islamic international law. It explores how best to overcome these challenges through a comparative examination of state practices on the use of force. It highlights the legal-political legacies that evolved surrounding the claims of the legitimacy of use of force by armed non-state actors, states, and regional organizations. This book offers a critical analysis of these legacies in line with the Islamic Shari‘a law, United Nations Charter, state practices, and customs. It concludes that the legitimacy question has reached a vantage point where it cannot be answered either by Islamic or Public international law as a mutually exclusive legal system. Instead, Public international law must take a coherent approach within the existing legal framework.
Humanitarian Military Intervention
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Author : Taylor B. Seybolt
language : en
Publisher: Oxford University Press, USA
Release Date : 2007
Humanitarian Military Intervention written by Taylor B. Seybolt and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Law categories.
Military intervention in a conflict without a reasonable prospect of success is unjustifiable, especially when it is done in the name of humanity. Couched in the debate on the responsibility to protect civilians from violence and drawing on traditional 'just war' principles, the centralpremise of this book is that humanitarian military intervention can be justified as a policy option only if decision makers can be reasonably sure that intervention will do more good than harm. This book asks, 'Have past humanitarian military interventions been successful?' It defines success as saving lives and sets out a methodology for estimating the number of lives saved by a particular military intervention. Analysis of 17 military operations in six conflict areas that were thedefining cases of the 1990s-northern Iraq after the Gulf War, Somalia, Bosnia and Herzegovina, Rwanda, Kosovo and East Timor-shows that the majority were successful by this measure. In every conflict studied, however, some military interventions succeeded while others failed, raising the question, 'Why have some past interventions been more successful than others?' This book argues that the central factors determining whether a humanitarian intervention succeeds are theobjectives of the intervention and the military strategy employed by the intervening states. Four types of humanitarian military intervention are offered: helping to deliver emergency aid, protecting aid operations, saving the victims of violence and defeating the perpetrators of violence. Thefocus on strategy within these four types allows an exploration of the political and military dimensions of humanitarian intervention and highlights the advantages and disadvantages of each of the four types.Humanitarian military intervention is controversial. Scepticism is always in order about the need to use military force because the consequences can be so dire. Yet it has become equally controversial not to intervene when a government subjects its citizens to massive violation of their basic humanrights. This book recognizes the limits of humanitarian intervention but does not shy away from suggesting how military force can save lives in extreme circumstances.
Legitimacy And The Use Of Armed Force
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Author : Chiyuki Aoi
language : en
Publisher: Routledge
Release Date : 2010-10-04
Legitimacy And The Use Of Armed Force written by Chiyuki Aoi and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-10-04 with History categories.
This book focuses on the notion of legitimacy to explain the success (or failure) of stability operations in the post-Cold War era. The author argues that the intervening force must create an enduring sense of the legitimacy of its mission among various parties such as the people of the host nation, the host government, political elites and the general public worldwide, and states in the international community that will determine and establish conditions regarding legitimate intervention.
Human Rights Legitimacy And The Use Of Force
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Author : Allen Buchanan
language : en
Publisher: Oxford University Press
Release Date : 2010-01-13
Human Rights Legitimacy And The Use Of Force written by Allen Buchanan and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-13 with Philosophy categories.
The thirteen essays by Allen Buchanan collected here are arranged in such a way as to make evident their thematic interconnections: the important and hitherto unappreciated relationships among the nature and grounding of human rights, the legitimacy of international institutions, and the justification for using military force across borders. Each of these three topics has spawned a significant literature, but unfortunately has been treated in isolation. In this volume Buchanan makes the case for a holistic, systematic approach, and in so doing constitutes a major contribution at the intersection of International Political Philosophy and International Legal Theory. A major theme of Buchanan's book is the need to combine the philosopher's normative analysis with the political scientist's focus on institutions. Instead of thinking first about norms and then about institutions, if at all, only as mechanisms for implementing norms, it is necessary to consider alternative "packages" consisting of norms and institutions. Whether a particular norm is acceptable can depend upon the institutional context in which it is supposed to be instantiated, and whether a particular institutional arrangement is acceptable can depend on whether it realizes norms of legitimacy or of justice, or at least has a tendency to foster the conditions under which such norms can be realized. In order to evaluate institutions it is necessary not only to consider how well they implement norms that are now considered valid but also their capacity for fostering the epistemic conditions under which norms can be contested, revised, and improved.
Intervention In Civil Wars
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Author : Chiara Redaelli
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-02-25
Intervention In Civil Wars written by Chiara Redaelli and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-02-25 with Law categories.
This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise. The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.
The Use Of Force In International Law
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Author : Nicholas Tsagourias
language : en
Publisher: Routledge
Release Date : 2017-07-05
The Use Of Force In International Law written by Nicholas Tsagourias and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with History categories.
This volume of essays examines the development of political and legal thinking regarding the use of force in international relations. It provides an analysis of the rules on the use of force in the political, normative and factual contexts within which they apply and assesses their content and relevance in the light of new challenges such as terrorism, weapons of mass destruction and cyber-attacks. The volume begins with an overview of the ancient and medieval concepts of war and the use of force and then concentrates on the contemporary legal framework regulating the use of force as moulded by the United Nations Charter and state practice. In this regard it discusses specific issues such as the use of force by way of self-defence, armed reprisals, forcible reactions to terrorism, the use of force in the cyberspace, humanitarian intervention and the responsibility to protect. This collection of previously published classic research articles is of interest to scholars and students of international law and international relations as well as practitioners in international law.
Humanitarian Intervention And The Responsibility To Protect
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Author : James Pattison
language : en
Publisher: OUP Oxford
Release Date : 2010-02-25
Humanitarian Intervention And The Responsibility To Protect written by James Pattison and has been published by OUP Oxford this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-02-25 with Political Science categories.
Humanitarian Intervention and the Responsibility To Protect considers who should undertake humanitarian intervention in response to an ongoing or impending humanitarian crisis, such as found in Rwanda in early 1994, Kosovo in 1999, and Darfur more recently. The doctrine of the responsibility to protect asserts that when a state is failing to uphold its citizens' human rights, the international community has a responsibility to protect these citizens, including by undertaking humanitarian intervention. It is unclear, however, which particular agent should be tasked with this responsibility. Should we prefer intervention by the UN, NATO, a regional or subregional organization (such as the African Union), a state, a group of states, or someone else? This book answers this question by, first, determining which qualities of interveners are morally significant and, second, assessing the relative importance of these qualities. For instance, is it important that an intervener have a humanitarian motive? Should an intervener be welcomed by those it is trying to save? How important is it that an intervener will be effective and what does this mean in practice? The book then considers the more empirical question of whether (and to what extent) the current interveners actually possess these qualities, and therefore should intervene. For instance, how effective can we expect UN action to be in the future? Is NATO likely to use humanitarian means? Overall, it develops a particular normative conception of legitimacy for humanitarian intervention. It uses this conception of legitimacy to assess not only current interveners, but also the desirability of potential reforms to the mechanisms and agents of humanitarian intervention.
The Legality And Legitimacy Of The Use Of Force In Northeast Asia
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Author : Brendan Howe
language : en
Publisher: BRILL
Release Date : 2013-06-06
The Legality And Legitimacy Of The Use Of Force In Northeast Asia written by Brendan Howe and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-06 with History categories.
In The Legality and Legitimacy of the Use of Force in Northeast Asia, Brendan Howe and Boris Kondoch bring together distinguished authors with extensive Northeast Asian backgrounds to offer a diverse and comprehensive evaluation of when it is right, from regional perspectives, to use force in international relations. The use of force in international relations has been severely curtailed by pragmatic considerations of international order, and further constrained by positive international law. In Northeast Asia, the prohibition of aggression has remained uncontested. Strict adherence to non-intervention in Northeast Asia has, however, increasingly come under attack from internal and external normative communities. The contributors, therefore, use regional legal, normative, cultural, and historical insights to shed light on the contemporary positions of Northeast Asian political communities with regard to the use of force.
Values And Weapons
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Author : J. Matlary
language : en
Publisher: Springer
Release Date : 2006-04-12
Values And Weapons written by J. Matlary and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-04-12 with Political Science categories.
Values and Weapons looks at the determinants of legitimacy for using military force in the US and Europe. Sovereignty has been redefined to be conditional on democratic government, and this makes it much easier to intervene into non-democratic states.