The Equitable Theory Of Humanitarian Intervention
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| Author | : Ciarán Burke |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 398 |
| Release | : 2013-05-09 |
| Genre | : Law |
| ISBN | : 178225126X |
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
| Author | : Mark Swatek-Evenstein |
| Publisher | : Cambridge University Press |
| Total Pages | : 291 |
| Release | : 2020-02-13 |
| Genre | : Law |
| ISBN | : 110706192X |
An examination of the historical narratives surrounding humanitarian intervention, presenting an undogmatic, alternative history of human rights protection.
| Author | : Ciarán Burke |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 391 |
| Release | : 2013-05-09 |
| Genre | : Law |
| ISBN | : 1782251278 |
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
| Author | : International Commission on Intervention and State Sovereignty |
| Publisher | : IDRC |
| Total Pages | : 432 |
| Release | : 2001 |
| Genre | : Law |
| ISBN | : 9780889369634 |
Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty
| Author | : Colin McInnes |
| Publisher | : John Wiley & Sons |
| Total Pages | : 238 |
| Release | : 2013-05-02 |
| Genre | : Medical |
| ISBN | : 0745663079 |
The long separation of health and International Relations, as distinct academic fields and policy arenas, has now dramatically changed. Health, concerned with the body, mind and spirit, has traditionally focused on disease and infirmity, whilst International Relations has been dominated by concerns of war, peace and security. Since the 1990s, however, the two fields have increasingly overlapped. How can we explain this shift and what are the implications for the future development of both fields? Colin McInnes and Kelley Lee examine four key intersections between health and International Relations today - foreign policy and health diplomacy, health and the global political economy, global health governance and global health security. The explosion of interest in these subjects has, in large part, been due to "real world" concerns - disease outbreaks, antibiotic resistance, counterfeit drugs and other risks to human health amid the spread of globalisation. Yet the authors contend that it is also important to understand how global health has been socially constructed, shaped in theory and practice by particular interests and normative frameworks. This groundbreaking book encourages readers to step back from problem-solving to ask how global health is being problematized in the first place, why certain agendas and issue areas are prioritised, and what determines the potential solutions put forth to address them? The palpable struggle to better understand the health risks facing a globalized world, and to strengthen collective action to deal with them effectively, begins - they argue - with a more reflexive and critical approach to this rapidly emerging subject.
| Author | : Cristina Badescu |
| Publisher | : Routledge |
| Total Pages | : 225 |
| Release | : 2010-11-23 |
| Genre | : History |
| ISBN | : 113685021X |
This book explores attempts to develop a more acceptable account of the principles and mechanisms associated with humanitarian intervention, which has become known as the ‘Responsibility to Protect’ (R2P). Cases of genocide and mass violence have raised endless debates about the theory and practice of humanitarian intervention to save innocent lives. Since the humanitarian tragedies in Rwanda, Burundi, Bosnia, Kosovo and elsewhere, states have begun advocating a right to undertake interventions to stop mass violations of human rights from occurring. Their central concern rests with whether the UN’s current regulations on the use of force meet the challenges of the post-Cold War world, and in particular the demands of addressing humanitarian emergencies. International actors tend to agree that killing civilians as a necessary part of state formation is no longer acceptable, nor is standing by idly in the face of massive violations of human rights. And yet, respect for the sovereign rights of states remains central among the ordering principles of the international community. How can populations affected by egregious human rights violations be protected? How can the legal constraints on the use of force and respect for state sovereignty be reconciled with the international community’s willingness and readiness to take action in such instances? And more importantly, how can protection be offered when the Security Council, which is responsible for authorizing the use of force when threats to international peace and security occur, is paralyzed? The author addresses these issues, arguing that R2P is the best framework available at present to move the humanitarian intervention debate forward. This book will be of interest to students of the responsibility to protect, war and conflict studies, human security, international organisations, security studies and IR in general.
| Author | : National Academies of Sciences, Engineering, and Medicine |
| Publisher | : National Academies Press |
| Total Pages | : 583 |
| Release | : 2017-04-27 |
| Genre | : Medical |
| ISBN | : 0309452961 |
In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.
| Author | : John W. Lango |
| Publisher | : Edinburgh University Press |
| Total Pages | : 256 |
| Release | : 2014-01-29 |
| Genre | : Political Science |
| ISBN | : 0748645764 |
Just war theory exists to stop armies and countries from using armed force without good cause. But how can we judge whether a war is just? In this original book, John W. Lango takes some distinctive approaches to the ethics of armed conflict. DT A revisionist approach that involves generalising traditional just war principles, so that they are applicable by all sorts of responsible agents to all forms of armed conflict DT A cosmopolitan approach that features the Security Council DT A preventive approach that emphasises alternatives to armed force, including negotiation, nonviolent action and peacekeeping missions DT A human rights approach that encompasses not only armed humanitarian intervention but also armed invasion, armed revolution and all other forms of armed conflict Lango shows how these can be applied to all forms of armed conflict, however large or small: from interstate wars to UN peacekeeping missions, and from civil wars counter-insurgency and counter-terrorism operations.
| Author | : Jude Rand |
| Publisher | : Oxfam |
| Total Pages | : 134 |
| Release | : 2007 |
| Genre | : Political Science |
| ISBN | : 0855986077 |
This report presents the findings of a collaborative Learning Project between CARE USA and Oxfam America, who compared RBA projects with non-RBA projects and identified best practices; and lessons that could be used to improve the application of rights-based approaches in programming.
| Author | : Rajan Menon |
| Publisher | : Oxford University Press |
| Total Pages | : 257 |
| Release | : 2016 |
| Genre | : History |
| ISBN | : 0199384878 |
The Conceit of Humanitarian Intervention rejects, on political, legal, ethical, and strategic grounds, the widespread claim that military force can be used effectively-and on the basis of a universal consensus-to stop mass atrocities. As such, it is an against-the-current treatment of an important practice in world politics.
