Humanitarian Intervention and the Legitimacy of the Use of Force
Author: Peter Malanczuk
Publisher: Het Spinhuis
Published: 1993
Total Pages: 84
ISBN-13: 9789073052567
DOWNLOAD EBOOK →Author: Peter Malanczuk
Publisher: Het Spinhuis
Published: 1993
Total Pages: 84
ISBN-13: 9789073052567
DOWNLOAD EBOOK →Author: Allen Buchanan
Publisher: Oxford University Press
Published: 2010-01-13
Total Pages: 341
ISBN-13: 0195389654
DOWNLOAD EBOOK →This volume collects Allen Buchanan's previously published articles with a focus on ethics and international law, specifically with regard to human rights, the legitimacy of international institutions, and the ethics of force across borders. The work fits together tightly in its systematic interconnections, and collectively it makes the case for a holistic and systematic approach to issues that are at the forefront of current discussions in political and legal philosophy--issues that have traditionally been seen as separate.
Author: Allen Buchanan
Publisher: Oxford University Press
Published: 2010-01-13
Total Pages: 352
ISBN-13: 9780199741663
DOWNLOAD EBOOK →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: Oxford University Press, USA
Published: 2008
Total Pages: 0
ISBN-13: 9780199552726
DOWNLOAD EBOOK →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: Allen Buchanan
Publisher: Oxford University Press
Published: 2013-10-23
Total Pages: 208
ISBN-13: 0199325405
DOWNLOAD EBOOK →This is the first attempt to provide an in-depth moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights. It is international human rights law--not any philosophical theory of moral human rights or any "folk" conception of moral human rights--that serves as the lingua franca of modern human rights practice. Yet contemporary philosophers have had little to say about international legal human rights. They have tended to assume, rather than to argue, that international legal human rights, if morally justified, must mirror or at least help realize moral human rights. But this assumption is mistaken. International legal human rights, like many other legal rights, can be justified by several different types of moral considerations, of which the need to realize a corresponding moral right is only one. Further, this volume shows that some of the most important international legal human rights cannot be adequately justified by appeal to corresponding moral human rights. The problem is that the content of these international legal human rights--the full set of correlative duties--is much broader than can be justified by appealing to the morally important interests of any individual. In addition, it is necessary to examine the legitimacy of the institutions that create, interpret, and implement international human rights law and to defend the claim that international human rights law should "trump" the domestic law of even the most admirable constitutional democracies.
Author: Andrew Clapham
Publisher: Oxford University Press, USA
Published: 2015
Total Pages: 217
ISBN-13: 0198706162
DOWNLOAD EBOOK →Focusing on highly topical issues such as torture, arbitrary detention, privacy, and discrimination, this book will help readers to understand for themselves the controversies and complexities behind human rights.
Author: Christine Chinkin
Publisher: Cambridge University Press
Published: 2017-04-27
Total Pages: 611
ISBN-13: 1107171210
DOWNLOAD EBOOK →Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Author: Brendan Howe
Publisher: BRILL
Published: 2013-06-06
Total Pages: 306
ISBN-13: 9004249052
DOWNLOAD EBOOK →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.
Author: Chiara Redaelli
Publisher: Bloomsbury Publishing
Published: 2021-02-25
Total Pages: 340
ISBN-13: 1509940553
DOWNLOAD EBOOK →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: Richard Falk
Publisher: Oxford University Press
Published: 2012-04-19
Total Pages: 468
ISBN-13: 0199781575
DOWNLOAD EBOOK →"Legality and legitimacy in global affairs edited by Richard Falk, Mark Juergensmeyer, and Vesselin Popovski, brings together analyses of controversial events in international politics from top experts in field ; combines approaches to involvement between nations from across the social science disciplines ; approaches contemporary international relations from a philosophical, ethical, and legal standpoint" --