An Equitable Framework for Humanitarian Intervention
An Equitable Framework for Humanitarian Intervention

Author: Ciarán Burke

Publisher: Bloomsbury Publishing

Published: 2013-05-09

Total Pages: 398

ISBN-13: 178225126X

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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

Humanitarian Ethics
Humanitarian Ethics

Author: Hugo Slim

Publisher: Oxford University Press

Published: 2015-01-09

Total Pages: 374

ISBN-13: 0190613327

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Humanitarians are required to be impartial, independent, professionally competent and focused only on preventing and alleviating human suffering. It can be hard living up to these principles when others do not share them, while persuading political and military authorities and non-state actors to let an agency assist on the ground requires savvy ethical skills. Getting first to a conflict or natural catastrophe is only the beginning, as aid workers are usually and immediately presented with practical and moral questions about what to do next. For example, when does working closely with a warring party or an immoral regime move from practical cooperation to complicity in human rights violations? Should one operate in camps for displaced people and refugees if they are effectively places of internment? Do humanitarian agencies inadvertently encourage ethnic cleansing by always being ready to 'mop-up' the consequences of scorched earth warfare? This book has been written to help humanitarians assess and respond to these and other ethical dilemmas.

Irish Yearbook of International Law, Volume 7, 2012
Irish Yearbook of International Law, Volume 7, 2012

Author: Fiona de Londras

Publisher: Bloomsbury Publishing

Published: 2014-12-04

Total Pages: 362

ISBN-13: 1782254544

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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.

The Emergence of Humanitarian Intervention
The Emergence of Humanitarian Intervention

Author: Fabian Klose

Publisher: Cambridge University Press

Published: 2016

Total Pages: 375

ISBN-13: 1107075513

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A study of the emergence and development of humanitarian intervention from the nineteenth century through to the present day. Drawing from a multitude of disciplines, it investigates the complex and controversial debates over the legitimacy of protecting humanitarian norms and universal human rights by violent as well as non-violent means.

Serious Violations of Human Rights
Serious Violations of Human Rights

Author: Ilia Siatitsa

Publisher: Oxford University Press

Published: 2022-05-12

Total Pages: 272

ISBN-13: 0192677667

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This book analyses the use of the expression 'serious violations of human rights', and similar ones, such as 'gross' or 'grave', in international practice. It highlights some of the recurring responses and consequences to such violations and suggests that a new special regime - eponymous to the above-mentioned expression - was formed. This special regime is understood as substantively limited to a very specific issue-area of human rights violations. Within this regime, a series of monitoring mechanisms and procedures are in place to highlight, document, and record such violations; specific measures are taken to enforce compliance; and certain consequences arise focused on remedying the victims of such violations. As such, this special regime is comprised of at least four thinly interconnected components: the substantive, the monitoring, the enforcement, and the remedial ones. This monograph constitutes a first step towards the recognition of such a regime, allowing far more constructive and coherent elaboration in the future. Practice around this category of violations may well evolve in a different direction than the one suggested here. However, what becomes apparent from this work is that the serious violations of human rights are a key notion in the international legal order as it allows the international community to depict those factual situations requiring its attention and action.

A History of Humanitarian Intervention
A History of Humanitarian Intervention

Author: Mark Swatek-Evenstein

Publisher: Cambridge University Press

Published: 2020-02-13

Total Pages: 291

ISBN-13: 110706192X

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An examination of the historical narratives surrounding humanitarian intervention, presenting an undogmatic, alternative history of human rights protection.

Institutionalizing State Responsibility
Institutionalizing State Responsibility

Author: Vincent-Joël Proulx

Publisher: Oxford University Press

Published: 2016-05-06

Total Pages: 401

ISBN-13: 0191500011

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Since the 9/11 attacks, international organizations have become actively engaged in devising counterterrorism strategies and frameworks. This monograph examines the role UN organs can play in implementing the law of State responsibility in global security contexts, using transnational terrorism as its principal case study. The institutional mechanisms utilized by the UN in implementing State responsibility are assessed in detail, shedding light on how the ICJ, the General Assembly and the Security Council contribute to the implementation of State responsibility in the context of global security. By acknowledging the Security Council's role as a post-9/11 legislator, this book argues that the Council can play an important and sometimes determinant role in implementing a State's legal responsibility for failing to prevent terrorism, both inside and outside the Chapter VII framework. Featuring a discussion of the more controversial consequences flowing from State responsibility, this monograph also explores the prospect of injured States adopting forcible measures against responsible States for their failures to prevent terrorism. The book investigates whether self-defence and other forcible reactions, envisaged both inside and outside the Council, can be reconciled with State responsibility principles.

In the Cause of Humanity
In the Cause of Humanity

Author: Fabian Klose

Publisher: Cambridge University Press

Published: 2021-12-09

Total Pages: 475

ISBN-13: 1316516202

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A major new history of the emergence of the theory and practice of humanitarian intervention during the nineteenth century.

International Human Rights
International Human Rights

Author: Hurst Hannum

Publisher: Aspen Publishing

Published: 2017-09-15

Total Pages: 1560

ISBN-13: 1454892595

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The Sixth Edition of International Human Rights provides students with an accessible, problem-based pedagogy that forces them consider the fundamental human rights issues of from political and legal perspectives. Balancing practical considerations and underlying theory, this outstanding and newly expanded authorship team delivers a comprehensive text that examines the historical underpinnings and contemporary considerations that animate human rights efforts across the globe. Professors and students will benefit from: Streamlined text with contents being more intuitive; eliminating the underutilized section on International Criminal Law and reapportioning those materials elsewhere, and condensing the International Humanitarian Law section. Thoroughly updated text that includes recent scholarship, reports from International Tribunals, and changes in International Human Rights landscape. An incorporation of recent resolutions from international tribunals and decisions for international adjudicatory bodies.

Equity and Equitable Principles in the World Trade Organization
Equity and Equitable Principles in the World Trade Organization

Author: Anastasios Gourgourinis

Publisher: Routledge

Published: 2015-07-24

Total Pages: 340

ISBN-13: 1317964160

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This book analyses whether, and how, equity and equitable principles can be employed as juridical tools in the legal reasoning of judges and lawyers in World Trade Organization (WTO) disputes where there is interaction between norms derived from the multilateral trade regime and other international legal regimes. Bringing the literature on equity and equitable principles in international law up to date this book tackles several legal problems which have emerged in WTO dispute settlement practice as well as engaging with the concept of the fragmentation of international law. The book provides an original argument about the role and significance of equity and equitable principles in the debate over fragmentation by providing a coherent methodology for addressing conflicts and overlaps between WTO and non-WTO norms in the context of Dispute Settlement Body proceedings.