Humanitarian Intervention and the Legitimacy of the Use of Force PDF Download

Author: Peter Malanczuk
Publisher: Het Spinhuis
ISBN: 9789073052567
Category : Aggression (International law)
Languages : en
Pages : 84

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Author: Allen Buchanan
Publisher: Oxford University Press
ISBN: 0199741662
Category : Philosophy
Languages : en
Pages : 341

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Book Description
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.

Author: Philip Alston
Publisher: OUP Oxford
ISBN: 0191021784
Category : Political Science
Languages : en
Pages : 312

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The imperatives of sovereignty, human rights and national security very often pull in different directions, yet the relations between these three different notions are considerably more subtle than those of simple opposition. Rather, their interaction may at times be contradictory, at others tense, and at others even complementary. This collection presents an analysis of the irreducible dilemmas posed by the foundational challenges of sovereignty, human rights and security, not merely in terms of the formal doctrine of their disciplines, but also of the manner in which they can be configured in order to achieve persuasive legitimacy as to both methods and results. The chapters in this volume represent an attempt to face up to these dilemmas in all of their complexity, and to suggest ways in which they can be confronted productively both in the abstract and in the concrete circumstances of particular cases.

Author: Naomi Head
Publisher: Manchester University Press
ISBN: 1526130238
Category : Political Science
Languages : en
Pages : 249

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When is the use of force for humanitarian purposes legitimate? The book examines this question through one of the most controversial examples of humanitarian intervention in the post Cold War period: the 1999 NATO intervention in Kosovo. Justifying Violence applies a critical theoretical approach to an interrogation of the communicative practices which underpin claims to legitimacy for the use of force by actors in international politics. Drawing on the theory of communicative ethics, the book develops an innovative conceptual framework which contributes a critical communicative dimension to the question of legitimacy that extends beyond the moral and legal approaches so often applied to the intervention in Kosovo. The empirical application of communicative ethics offers a provocative and nuanced account which contests conventional interpretations of the legitimacy of NATO’s intervention.

Author: Charles B. Shotwell
Publisher:
ISBN:
Category : Electronic government information
Languages : en
Pages : 4

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Author: Chiara Redaelli
Publisher: Bloomsbury Publishing
ISBN: 1509940553
Category : Law
Languages : en
Pages : 340

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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.

Author: Martha Finnemore
Publisher: Cornell University Press
ISBN: 0801467071
Category : Political Science
Languages : en
Pages : 184

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Book Description
Violence or the potential for violence is a fact of human existence. Many societies, including our own, reward martial success or skill at arms. The ways in which members of a particular society use force reveal a great deal about the nature of authority within the group and about its members' priorities. In The Purpose of Intervention, Martha Finnemore uses one type of force, military intervention, as a window onto the shifting character of international society. She examines the changes, over the past 400 years, about why countries intervene militarily, as well as in the ways they have intervened. It is not the fact of intervention that has altered, she says, but rather the reasons for and meaning behind intervention-the conventional understanding of the purposes for which states can and should use force. Finnemore looks at three types of intervention: collecting debts, addressing humanitarian crises, and acting against states perceived as threats to international peace. In all three, she finds that what is now considered "obvious" was vigorously contested or even rejected by people in earlier periods for well-articulated and logical reasons. A broad historical perspective allows her to explicate long-term trends: the steady erosion of force's normative value in international politics, the growing influence of equality norms in many aspects of global political life, and the increasing importance of law in intervention practices.

Author: D. J. Fowler
Publisher:
ISBN:
Category : Grey literature
Languages : en
Pages :

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Book Description
From the late 1990s onwards, states like the United Kingdom have been seen to engage in liberal interventionism, premised on an 'ethical foreign policy', prioritising the humanitarian imperative to act in order to circumvent the constraints of international law. As such, interventions like the NATO operation in Kosovo in 1999 were accepted by the international community as an illegal but legitimate infringment of another states sovereign territory. However, the legitimacy of such humanitarian interventionism was short-lived; the misuse of altruistic, moral justifications as a veneer to hide underlying goals of state self-interest has subsequently robbed humanitarianism of its credibility as a legitimate case for military intervention. The purpose of this dissertation is to map out why this is so. By using elements of social constructivism, the aim is first to provide a theoretical basis regarding why in the international system legitimacy for the use of force is essential in the first place, before going on to examine the nature of the moral and legal concepts that statesmen use to establish that legitimacy. By showing how moral arguments have increasingly been used to circumvent legal constraints on the use of force, the concluding argument demonstrates how the mendacious use of these moral arguments has created a crisis of legitimacy for humanitarian intervention today.

Author: Paul F. J. Aranas
Publisher: Algora Publishing
ISBN: 0875868959
Category : Law
Languages : en
Pages : 191

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When is it legitimate to use force? Smokescreen analyzes the workings and legitimacy of the United Nations Security Council, and how the United States and NATO governments systemically create the false perception of legitimacy for the use of force. the book offers a way forward toward international peace and security, in the interests of Western countries and humanity as a whole. Social scientists widely use Max Weber's definition of legitimacy, legitimitatsglaube, or the belief in legitimacy. Unlike moral philosophers, social scientists favor empirical data; therefore, for these social scientists, measuring legitimacy becomes possible by measuring what people believe to be legitimate. David Beetham maintains that Weber's definition is a catastrophe, and, in its place, offers a formula for legitimacy based on the objective criteria of legality, shared beliefs between dominant and subordinate, and consent from at least the most significant subordinate actors. This book argues that the United Nations Security Council, backed by the UN Charter, holds real legitimacy based on Beetham's formula. However, powerful Western states intent on military intervention, but unable to secure UN Security Council authorization, employ alternative norm justifications of self-defense beyond the scope of Article 51 and humanitarian intervention. They use a Weberian conception of legitimacy to create a perception of legitimacy where none exists. In this framework the powerful have the ability to manipulate public opinion to create legitimacy for a particular action. the author argues that this is not legitimacy but merely a perception of legitimacy to justify aggression. Objective standards to legitimacy exist, and those standards are enshrined in the United Nations Charter. This book is suitable for courses on international relations, political theory, and political science. Primary markets include bookstores, university book lists and secondary markets include international relations conferences and speaking engagements. the main subject area is international affairs. the readership level is intermediate and above. the book includes references to international law suitable for a general audience but also for the professional practitioner.

Author: George P. Fletcher
Publisher: Oxford University Press
ISBN: 0198040350
Category : Law
Languages : en
Pages : 286

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Book Description
In Defending Humanity, internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to the difficult dilemma of declaring such interventions illegal or ignoring the UN Charter altogether. Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the UN Charter was originally based, in particular, the concept of "legitimate defense," which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves against an imminent attack but also to defend other national groups.