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Human Security and International Law

Author: Emma MacLean

Publisher:

Published: 2014-10-31

Total Pages: 208

ISBN-13: 9780415678513

This book evaluates how far the UN has embraced human security as a policy agenda and explores its relevance for international law. The extent to which the UN has embraced human security as a viable policy agenda has implications and consequences for international law, such as the challenge to basal precepts including the principle of non-intervention. Equally, determining the relevance of human security for international law speaks to the extent to which the UN operates as a norm giver and, ultimately, a law-giver in the international landscape. Thus, the study is situated within a broader assessment of the interaction between the UN and international law. Drawing on International Relations theories, especially critical security studies, and on trends in international law and constitutionalism, amongst others, the book addresses the following questions: the contribution of the UN to the development of the idea of human security; the extent to which, if at all, the UN has translated human security into practice; whether the UN is an appropriate forum for pursuing a human security policy agenda; whether human security is expressed in international law and, if so, what prospects and challenges face human security in such an environment. There is a clear dissonance between the rhetoric and reality of human security as seen by the fact that as the UN endorsed human security at the 2005 World Summit, the African Union was convening the sixth round of peace talks on the crisis in Darfur. The disjuncture between word and deed exposes a fundamental question as to the role of the UN and law in the international landscape. In short, the book resides at the intersection between idealism and realism and ultimately offers a prognosis of the capacity of the UN - normative, including international law, operational and institutional - to pursue a human security policy agenda. This interdisciplinary book will be of much interest to students of human security, international law, critical security, human rights and IR in general.

Research Handbook on International Law and Human Security

Author: Gerd Oberleitner

Publisher: Edward Elgar Publishing

Published: 2022-10-11

Total Pages: 0

ISBN-13: 9781800376960

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This comprehensive Research Handbook considers the place of human security, both in practice and as a concept, within international law, examining the preconditions for and consequences of applying human security to international legal thinking and practice. It also proposes a future international law in which human security is central to the law's purpose. Contributions by leading authors in the field, critically engage with 25 years of human security practice in different areas of international law and explore the challenges, successes and setbacks of realising human security in a state-based international legal order whilst re-conceptualizing central elements of international law, from a human security perspective. Organised around six core themes, the Research Handbook shows how human security can be used as an overarching framework to preserve peace, protect people and counter vulnerability through international law. Progressive and engaging, this Research Handbook will be a key resource for scholars and students of public international law, security, and international relations, who wish to further their knowledge of human security as the central purpose of international law.

Human Security and International Law

Author: Cedric Ryngaert

Publisher:

Published: 2014

Total Pages: 0

ISBN-13: 9781780682006

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In 1994, the United Nations Development Program (UNDP) coined the term 'human security' in the seminal UNDP Human Development Report. This report approached 'security' for the first time from a holistic perspective: security would no longer be viewed from a purely military perspective, but rather it would encapsulate economic, food, health, environmental, personal, community, and political security. Although the concept of human security accords a higher status to individual interests rather than to governmental interests, human security discourses have continually emphasized the central role of States as providers of human security. This volume challenges this paradigm and highlights the part played by non-State actors in threatening human security, as well as in rescuing or providing relief to those whose human security is endangered. The book does so from a legal perspective, (international) law being one of the instruments used to realize human security, as well as being a material source or guiding principle for the formation of human security-enhancing policies. In particular, the book critically discusses how various non-State actors - such as armed opposition groups, multinational corporations, private military/security companies, non-governmental organizations, and national human rights institutions - participate in the construction of such policies and how they are held legally accountable for their adverse impact on human security. (Series: International Law - Vol. 12)

Human Security and International Law

Author: Barbara von Tigerstrom

Publisher: Bloomsbury Publishing

Published: 2007-12-12

Total Pages: 266

ISBN-13: 1847313868

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The concept of 'human security' has influenced discourse and practice and has been the subject of vigorous debate. Despite its relevance to central questions of international law, human security has until recently received little attention from international lawyers. This book has two related goals: to evaluate human security as a concept that could be used in the analysis of international law, and to determine what insights about a human security approach might be gained by considering it from the perspective of international law. The first part of the book examines the evolution and meanings of the concept and its links with existing theories and principles of international law. The second part explores the ways in which human security has been and could be used in relation to the diverse topics of humanitarian intervention, internally displaced persons, small arms control, and global public health. The analysis sheds new light on debates about the concept's potential and limitations.

The Relationship Between Human Security Discourse and International Law

Author: Shireen Daft

Publisher: Routledge

Published: 2019-12-12

Total Pages: 276

ISBN-13: 9780367884383

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The concept of human security has emerged in international relations and policy as an idea which not only seeks to relocate the focus of international society on the individual, but also challenges the current priorities of the international community. In particular it places emphasis on promoting and facilitating a nexus between security, development and human rights. It is potentially a paradigm in the making, gaining considerable momentum within the UN, international relations scholarship and regional bodies. And yet by-and-large it continues to be unexplored by the international legal community, despite the success of a number of international treaties being attributed to the discourse. This book seeks to address this gap, and establish the nature of the relationship between human security discourse and international law, determining whether human security can meaningfully contribute to the international legal framework. To determine this, the book analyses the core principles of human security discourse and examines the degree to which they find parallels in the existing normative structure of international law. The book examines the how the broad-narrow debate that dominates human security discourse has played out in international law-making. It goes on to consider the processes for the creation of so called 'human security' treaties in order to determine a blueprint for future development of international human security treaty law. In concluding Shireen Daft sets out a structured principled approach through which international legal scholarship can engage with human security, highlighting the ways in which engagement between the two fields can be sustained.

United Nations Protection of Humanity and Its Habitat

Author: Bertrand G. Ramcharan

Publisher: BRILL

Published: 2016-08-11

Total Pages: 300

ISBN-13: 9004303146

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This book is a study of the future of international law as well as the future of the United Nations. It is the first study ever bringing together the laws, policies and practices of the UN for the protection of the earth, the oceans, outer space, human rights, victims of armed conflicts and of humanitarian emergencies, the poor, the vulnerable and the disadvantaged world-wide. It reviews unprecedented dangers and challenges facing humanity such as climate change and weapons of mass destruction, and argues that the international law of the future must become an international law of security and of protection. It submits that the concept of international security in the UN Charter can no longer be restricted to situations of armed conflict but must be given its natural meaning: whatever threatens the security of humanity. It calls for the Security Council to perform its role as the guardian of the security of humankind and sees a leadership role for the UN Secretary-General in analysing and presenting challenges of international security and protection to the Security Council for its attention.

Human Security, Law and the Prevention of Terrorism

Author: Andrej Zwitter

Publisher: Routledge

Published: 2010-11-23

Total Pages: 224

ISBN-13: 1136887113

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This study examines two important questions regarding terrorism and political violence: which threats to human security constitute root causes for collective violence and which adequate responses for these root causes are available to the international community. The responses are examined on the basis of international law, in particular human rights law, and within the concept of human security, with the goal of fostering a long-term reduction in political violence. Drawing on existing political discussions and research about the root causes of terrorism, Zwitter develops a legal framework for the application of legal terrorism prevention tools. This study serves as a framework of action and analysis using concepts and particularly legal frameworks which are already broadly or universally recognized to increase the applicability of the framework without having to invent new legal regimes. In doing so it makes use of the concept of human security for tackling breeding grounds and other facilitators of terrorism making it universally accessible. Combining social science research with legal sociology and international law, this book will be of interest to students and scholars of politics, international relations, security studies, conflict studies and law.

Human Security and Human Rights under International Law

Author: Dorothy Estrada-Tanck

Publisher: Hart Publishing

Published: 2019-04-18

Total Pages: 0

ISBN-13: 9781509928804

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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.

International law on human security in the 21st century

Author: Temiloluwa Lawal

Publisher: GRIN Verlag

Published: 2021-09-03

Total Pages: 12

ISBN-13: 3346479250

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Essay from the year 2021 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 7.0, Tilburg University, course: International law and human security, language: English, abstract: This paper addresses the question of whether International law related to human security is adequate to address modern challenges, I argue in the affirmative, albeit partially. While I believe that International law in this area can certainly be improved upon as law, in general, is a dynamic phenomenon, it would be erroneous to assert that the laws are not adequate to address modern challenges to a considerable extent. In support of my position, I aim to advance the perspective that in matters concerning international human security law, we must draw distinctions between ‘adequate/adequacy’ and ‘application.' Whereas 'adequate' means "sufficient for a specific need or requirement." On the other hand, 'application' means "an act of putting something to use." It is my view that though international law is generally sufficient to address modern challenges, actions taken by international actors to tackle human security issues are usually unpredictable. 'Law,' being an institutional fixture, is enacted to ensure predictability and uniformity, and international law should be no exception. However, international actors are generally inclined to think and act otherwise. It is one thing to develop laws, and it is an entirely different matter to apply them. In further support of my position, I also seek to present the view and necessary evidence that the application of international law related to human security is majorly dependent on State policy and not the adequacy or otherwise of the law. Humanity's duty to protect human security interests in both conflict and non-conflict situations is deemed essential. Accordingly, the need for a comprehensive and inclusive International legal framework on human security is justified. In the wake of the security issues that we have been confronted with in the past and those that continue to threaten our concerted safety, deliberations surrounding the adequacy or otherwise of International law related to human security vis-à-vis modern challenges are inevitable.

Security and International Law

Author: Mary E Footer

Publisher: Bloomsbury Publishing

Published: 2016-06-16

Total Pages: 389

ISBN-13: 1782255893

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Of the many challenges that society faces today, possibly none is more acute than the security of ordinary citizens when faced with a variety of natural or man-made disasters arising from climate and geological catastrophes, including the depletion of natural resources, environmental degradation, food shortages, terrorism, breaches of personal security and human security, or even the global economic crisis. States continue to be faced with a range of security issues arising from contested territorial spaces, military and maritime security and security threats relating to energy, infrastructure and the delivery of essential services. The theme of the book encompasses issues of human, political, military, socio-economic, environmental and energy security and raises two main questions. To what extent can international law address the types of natural and man-made security risks and challenges that threaten our livelihood, or very existence, in the twenty-first century? Where does international law fall short in meeting the problems that arise in different situations of insecurity and how should such shortcomings be addressed?