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An Equitable Framework for Humanitarian Intervention

An Equitable Framework for Humanitarian Intervention Author Ciarán Burke
ISBN-10 9781782251279
Release 2013-05-09
Pages 398
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This book aims to resolve the dilemma regarding whether armed intervention as a response to gross human rights violations is ever legally justified without Security Council authorisation. Thus far, international lawyers have been caught between giving a negative answer on the basis of the UN Charter's rules ('positivists'), and a 'turn to ethics', declaring intervention legitimate on moral grounds, while eschewing legal analysis ('moralists'). In this volume, a third solution is proposed. The idea is presented that many equitable principles may qualify as 'general principles of law recognised by civilised nations' - one of the three principal sources of international law (though a category that is often overlooked) - a conclusion based upon detailed research of both national legal systems and international law. These principles, having normative force in international law, are then used to craft an equitable framework for humanitarian intervention. It is argued that the dynamics of their operation allow them to interact with the Charter and customary law in order to fill gaps in the existing legal structure and soften the rigours of strict law in certain circumstances. It is posited that many of the moralists' arguments are justified, albeit based upon firm legal principles rather than ethical theory. The equitable framework proposed is designed to provide an answer to the question of how humanitarian intervention may be integrated into the legal realm. Certainly, this will not mean an end to controversies regarding concrete cases of humanitarian intervention. However, it will enable the framing of such controversies in legal terms, rather than as a choice between the law and morality. '...has potential to become one of the most important books in public international law of the decade, or in a generation'. Martin Scheinin, Professor of Public International Law, European University Institute, Florence



Human Security and Human Rights under International Law

Human Security and Human Rights under International Law Author Dorothy Estrada-Tanck
ISBN-10 9781509902385
Release 2016-12-01
Pages 360
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Human security provides one of the most important protections; a person-centred axis of freedom from fear, from want and to live with dignity. It is surprising given its centrality to the human experience, that its connection with human rights has not yet been explored in a truly systematic way. This important new book addresses that gap in the literature by analysing whether human security might provide the tools for an expansive and integrated interpretation of international human rights. The examination takes a two-part approach. Firstly, it evaluates convergences between human security and all human rights – civil, political, economic, social and cultural – and constructs an investigative framework focused on the human security-human rights synergy. It then goes on to explore its practical application in the thematic cores of violence against women and undocumented migrants in the law and case-law of UN, European, Inter-American and African human rights bodies. It takes both a legal and interdisciplinary approach, recognising that human security and its relationship with human rights cuts across disciplinary boundaries. Innovative and rigorous, this is an important contribution to human rights scholarship.



Democratic Statehood in International Law

Democratic Statehood in International Law Author Jure Vidmar
ISBN-10 9781782250913
Release 2013-03-28
Pages 302
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This book analyses the emerging practice in the post-Cold War era of the creation of a democratic political system along with the creation of new states. The existing literature either tends to conflate self-determination and democracy or dismisses the legal relevance of the emerging practice on the basis that democracy is not a statehood criterion. Such arguments are simplistic. The statehood criteria in contemporary international law are largely irrelevant and do not automatically or self-evidently determine whether or not an entity has emerged as a new state. The question to be asked, therefore, is not whether democracy has become a statehood criterion. The emergence of new states is rather a law-governed political process in which certain requirements regarding the type of a government may be imposed internationally. And in this process the introduction of a democratic political system is equally as relevant or irrelevant as the statehood criteria. The book demonstrates that via the right of self-determination the law of statehood requires state creation to be a democratic process, but that this requirement should not be interpreted too broadly. The democratic process in this context governs independence referenda and does not interfere with the choice of a political system. This book has been awarded Joint Second Prize for the 2014 Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship.



International Law and the Construction of the Liberal Peace

International Law and the Construction of the Liberal Peace Author Russell Buchan
ISBN-10 9781782251767
Release 2013-07-24
Pages 258
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This book argues that since the end of the Cold War an international community of liberal states has crystallised within the broader international society of sovereign states. Significantly, this international community has demonstrated a tendency to deny non-liberal states their previously held sovereign right to non-intervention. Instead, the international community considers only those states that demonstrate respect for liberal democratic standards to be sovereign equals. Indeed the international community, motivated by the theory that international peace and security can only be achieved in a world composed exclusively of liberal states, has engaged in a sustained campaign to promote its liberal values to non-liberal states. This campaign has had (and continues to have) a profound impact upon the structure and content of international law. In light of this, this book deploys the concepts of the international society and the international community in order to construct an explanatory framework that can enable us to better understand recent changes to the political and legal structure of the world order and why violations of international peace and security occur.



The Emergence of Humanitarian Intervention

The Emergence of Humanitarian Intervention Author
ISBN-10 9781107075511
Release
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The Emergence of Humanitarian Intervention has been writing in one form or another for most of life. You can find so many inspiration from The Emergence of Humanitarian Intervention also informative, and entertaining. Click DOWNLOAD or Read Online button to get full The Emergence of Humanitarian Intervention book for free.



Irish Yearbook of International Law

Irish Yearbook of International Law Author Fiona de Londras
ISBN-10 9781849469753
Release 2014-12-04
Pages 503
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The Irish Yearbook of International Law (IYIL) supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, Ireland and the Law of the Sea and the law of the European Union as relevant to developments in Ireland. In addition, the Yearbook reproduces key documents that reflect Irish practice on contemporary issues of international law. Publication of the Irish Yearbook of International Law makes Irish practice and opinio juris more readily available to Governments, academics and international bodies when determining the content of international law. In providing a forum for the documentation and analysis of North-South relations the Yearbook also makes an important contribution to post-conflict and transitional justice studies internationally. As a matter of editorial policy, the Yearbook seeks to promote a multilateral approach to international affairs, reflecting and reinforcing Ireland's long-standing commitment to multilateralism as a core element of foreign policy.



Humanitarian Intervention and the Responsibility To Protect

Humanitarian Intervention and the Responsibility To Protect Author James Pattison
ISBN-10 9780199561049
Release 2010-02-25
Pages 284
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This book 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. 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? The book answers this question by, first, considering what sorts of qualities interveners shouldpossess and their relative importance. For instance, how important is that interveners are legal, effective, have the support of their citizens, and are welcomed by those subject to the crisis? Second, it considers whether the current interveners actually possess these qualities. For instance, wouldintervention by the UN be legal, effective, have internal support, and be welcomed by those subject to the crisis? Overall, the book develops a normative account of legitimacy to consider these issues. It uses this account to assess not only current interveners, but also the desirability of potential reforms to the mechanisms and agents of humanitarian intervention.



Foreign Investment Human Rights and the Environment

Foreign Investment  Human Rights and the Environment Author Shyami Puvimanasinghe
ISBN-10 9789047419976
Release 2007-05-11
Pages 320
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Events like the Bhopal disaster, the sale of products harmful to human health and safety, and child labour, especially in resource-scarce settings, raise fundamental issues of human dignity and ecological integrity. From a legal perspective, and in the context of Foreign Direct Investment by Transnational Corporations in developing countries, they highlight the lacuna of a holistic international legal framework and its implementation. This book embodies a critique of the complex web of public international law principles on economics, human rights and the environment, and their convergence or lack thereof, related regional (South Asian) and domestic (Sri Lankan) legal arrangements, interventions of states and non-state actors towards just, equitable and sustainable development. It is a quest for a middle path in the multidisciplinary landscape of international law, development and North-South power dynamics; globalization of free trade and investment and of social and environmental interests; and salient aspects of the philosophical, socio-economic and legal fabric of South Asia, viewed against the evolving, controversial and elastic sphere of international relations and law where consensus has hitherto been an elusive dream.



The Oxford Handbook of the Responsibility to Protect

The Oxford Handbook of the Responsibility to Protect Author Alex Bellamy
ISBN-10 9780191068362
Release 2016-06-30
Pages 920
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The Responsibility to Protect (R2P) is intended to provide an effective framework for responding to crimes of genocide, ethnic cleansing, war crimes, and crimes against humanity. It is a response to the many conscious-shocking cases where atrocities - on the worst scale - have occurred even during the post 1945 period when the United Nations was built to save us all from the scourge of genocide. The R2P concept accords to sovereign states and international institutions a responsibility to assist peoples who are at risk - or experiencing - the worst atrocities. R2P maintains that collective action should be taken by members of the United Nations to prevent or halt such gross violations of basic human rights. This Handbook, containing contributions from leading theorists, and practitioners (including former foreign ministers and special advisors), examines the progress that has been made in the last 10 years; it also looks forward to likely developments in the next decade.



The Politics of Protection

The Politics of Protection Author Elizabeth G. Ferris
ISBN-10 0815721382
Release 2011-05-01
Pages 359
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For the past decade, humanitarian actors have increasingly sought not only to assist people affected by conflicts and natural disasters, but also to protect them. At the same time, protection of civilians has become central to UN peacekeeping operations, and the UN General Assembly has endorsed the principle that the international community has the "responsibility to protect" people when their governments cannot or will not do so. Elizabeth Ferris explores the evolution of the international community's understandings of protection, with a particular emphasis on the humanitarian community. "Protection" is a noble word, with positive connotations, but what does it actually mean in practice? Does providing assistance to vulnerable people protect them, for example? Does monitoring the number of rapes protect women? Does increased engagement in protection activities by humanitarian agencies jeopardize the cornerstone humanitarian principles of neutrality and impartiality? In The Politics of Protection, Ferris examines inconsistent ways in which protection is defined and applied. For example, why do certain groups receive international protection while other equally needy groups do not? Her case studies, ranging from Iraq to Katrina, illustrate the challenges—and limitations—of protecting vulnerable populations from the ravages of war and natural disasters. Ferris argues that the protection paradigms currently in use are inadequate to meet the challenges of the future, such as climate change, protracted displacement, and the changing nature of warfare.



Fair and Equitable Treatment

Fair and Equitable Treatment Author Patrick Dumberry
ISBN-10 9004366113
Release 2018-03
Pages 82
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This book examines the interaction between the concept of the 'minimum standard of treatment' under custom and the fair and equitable treatment (FET) standard found in the vast majority of BITs. It also analyses whether the FET standard should be considered as a rule of customary international law.



Secession

Secession Author Marcelo G. Kohen
ISBN-10 0521849284
Release 2006-03-21
Pages 510
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A comprehensive study of secession from an international law perspective.



Culture in Law and Development

Culture in Law and Development Author Lan Cao
ISBN-10 9780199915231
Release 2016-04-21
Pages 552
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The growth of international law in the post-World War II era stemmed partly from the belief that universal norms would make life for the entire world's population safer, more equitable, and more conducive to each person's acquisition of basic material needs. Starting in the sixties and seventies, some scholars and activists challenged this assumption and established the school of "cultural relativism," a model that pays deference to local cultural traditions and favors them over international human rights norms. Scholars tried to create and practice a middle-ground approach between universalism and relativism, whereby the most egregious violations would be prevented through assimilating only jus cogens norms into indigenous groups' existing cultural traditions. Such efforts at combining a few select international norms with local cultural traditions largely failed. Culture in Law and Development presents a provocative new solution to the seemingly intractable problem of combining international norms with local cultural traditions by changing culture through law and development. In this book, Lan Cao demonstrates how the gradual expansion of customary international law (CIL) provides a model for changing culture in ways that protect and advance local populations. The book adopts a holistic view of development and argues that cultural norms that impede the human capabilities of the poor, women, and other marginal groups should be changed. The book reveals how a more conscious, coordinated effort on such change can succeed while non-violative local traditions are otherwise honored and preserved. Cao proposes that cultural change does not have to constitute cultural disrespect, and that local societies only benefit by a careful combination of externally wrought change and internally fostered tradition.



The Right to Reparation in International Law for Victims of Armed Conflict

The Right to Reparation in International Law for Victims of Armed Conflict Author Christine Evans
ISBN-10 9781107019973
Release 2012-06-28
Pages 277
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Christine Evans assesses the right to reparation for victims of armed conflict in international law and in national practice.



International Law in the Era of Climate Change

International Law in the Era of Climate Change Author Rosemary Gail Rayfuse
ISBN-10 9781781006085
Release 2012-01-01
Pages 378
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'UN Secretary-General Ban Ki-moon has called Climate Change "the defining issue of our era". It presents international law and lawyers with a wide range of novel issues, practical as well as conceptual. These challenges are addressed in this volume with great authority by many of the leading international law scholars of our generation. It is an important and distinctive contribution to the burgeoning literature on an issue critical for the future of our planet.' – David Freestone, George Washington University, US Climate change will fundamentally affect every area of human endeavour, including the development of international law. This book maps the current and potential impacts of climate change on the norms, principles, rules and processes of international law. This timely study brings together a group of leading scholars in their respective fields of international law to examine the impacts of climate change, and our responses to it, on the whole spectrum of international legal regimes, including those dealing with everything from climate displacement, human rights, and international trade and investment, to the oceans, the environment, armed conflicts and the use of force, and outer-space. the volume also examines the impacts of climate change on the underlying principles and processes of international law including those relating to the making and enforcement of international law and to third party dispute resolution. the book shows that there is much more to dealing with climate change than negotiating one global climate change-specific regime. Other areas of international law can, and must, be included in the solution. In this way international law can maximise its coherence and its efficacy. This well-documented study will appeal to international lawyers, academics, policy makers, government employees, negotiators, practitioners, international legal theorists and anyone interested in climate change and how to maximise our international legal and policy responses to it.



Terrorism and International Law

Terrorism and International Law Author Maurice Flory
ISBN-10 9781134819669
Release 2002-05-03
Pages 396
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The proliferation in terrorist activity has provoked an increase in the body of law, both at national and international level, which has sought to counter and prevent it. The bodies involved in this process range from the UN Security Council to government legislatures. This book is the first to address, in one volume, the wide variety of responses to terrorism as they exist in both international and domestic contexts. It also represents the first ever comprehensive collection of documents referring to terrorism which are to be found in the laws of the UK and France as well as in international law. Terrorism and International Law comprises contributions by thirteen well-known authorities in the areas of international, French and UK law, and is divided into four main sections: international cooperation against terrorism, the French and British responses to terrorism, the limits of state action and a documentary supplement. The contributors have sought to show how international and domestic law can be used together to combat the multi-faceted problems which terrorism raises. The issue of human rights is also discussed with particular reference to the jurisprudence of the European Commission and Court of Human Rights. The fourth documentary section of the book provides coverage of international treaties, UN resolutions, UK and French legislation, case-law and official statements relating to terrorism. This book provides an invaluable source of commentary and reference material in the area of terrorism and international and domestic law which will be useful for practitioners, diplomats, students and teachers.



Uncharted Territory

Uncharted Territory Author Sara Pantuliano
ISBN-10 1853396877
Release 2009
Pages 224
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Disputes over land often start conflicts; and land is often a key issue when refugees and internally displaced people attempt to return home when the conflict is over. Access to land affects people's choice to return and their prospects of recovery. Yet humanitarian agencies largely neglect these wider issues on the basis that they are too complex and politically sensitive, and that they lie in the mandate of development or human rights organizations. Uncharted Territory bridges the humanitarian and land tenure divide and seeks to understand how housing, land and property issues can and should be practically incorporated into humanitarian responses. The book explores the theoretical nexus between land, conflict and humanitarianism, discusses the challenges for a more integrated response, and presents the findings of case studies from Angola, Colombia, Rwanda, and Sudan. This book should be read by humanitarian aid workers, policy analysts, academics, and government officials in developing countries.