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Intervention in Civil Wars

Author: Chiara Redaelli

Publisher: Bloomsbury Publishing

Published: 2021-02-25

Total Pages: 340

ISBN-13: 1509940553

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.

Legality and Legitimacy in Global Affairs

Author: Richard Falk

Publisher: Oxford University Press

Published: 2012-04-19

Total Pages: 468

ISBN-13: 0199781575

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"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" --

Legitimacy in International Society

Author: Ian Clark

Publisher: Oxford University Press on Demand

Published: 2005-02-24

Total Pages: 289

ISBN-13: 0199258422

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The word 'legitimacy' is seldom far from the lips of practitioners of international affairs. The legitimacy of recent events - such as the wars in Kosovo and Iraq, the post-September 11 war on terror, and instances of humanitarian intervention - have been endlessly debated by publics around the globe. And yet the academic discipline of IR has largely neglected this concept. This book encourages us to take legitimacy seriously, both as a facet of international behaviour withpractical consequences, and as a theoretical concept necessary for understanding that behaviour. It offers a comprehensive historical and theoretical account of international legitimacy. It argues that the development of principles of legitimacy lie at the heart of what is meant by an international society,and in so doing fills a notable void in English school accounts of the subject.Part I provides a historical survey of the evolution of the practice of legitimacy from the 'age of discovery' at the end of the 15th century. It explores how issues of legitimacy were interwoven with the great peace settlements of modern history - in 1648, 1713, 1815, 1919, and 1945. It offers a revisionist reading of the significance of Westphalia - not as the origin of a modern doctrine of sovereignty - but as a seminal stage in the development of an international society based on sharedprinciples of legitimacy. All of the historical chapters demonstrate how the twin dimensions of legitimacy - principles of rightful membership and of rightful conduct - have been thought about and developed in differing contexts.Part II then provides a trenchant analysis of legitimacy in contemporary international society. Deploying a number of short case studies, drawn mainly from the wars against Iraq in 1991 and 2003, and the Kosovo war of 1999, it sets out a theoretical account of the relationship between legitimacy, on the one hand, and consensus, norms, and equilibrium, on the other.This is the most sustained attempt to make sense of legitimacy in an IR context. Its conclusion, in the end, is that legitimacy matters, but in a complex way. Legitimacy is not to be discovered simply by straightforward application of other norms, such as legality and morality. Instead, legitimacy is an inherently political condition. What determines its attainability or not is as much the general political condition of international society at any one moment, as the conformity of its specificactions to set normative principles.

Local Legitimacy and International Peace Intervention

Author: Oliver P. Richmond

Publisher: Edinburgh University Press

Published: 2020-07-31

Total Pages: 288

ISBN-13: 1474466281

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This edited volume focuses on disentangling the interplay of local peacebuilding processes and international policy, via comparative theoretical and empirical work on the question of legitimacy and authority.

Humanitarian Intervention and Legitimacy Wars

Author: Richard Falk

Publisher: Routledge

Published: 2014-08-21

Total Pages: 261

ISBN-13: 1317644387

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In the aftermath of the Cold War there has been a dramatic shift in thinking about the maintenance of peace and security on a global level. This shift is away from a preoccupation with how to prevent major wars between sovereign states to a preoccupation about non-state transnational warfare and violence and strife within states in a world order that continues to be juridically and politically delimited by spatial ideas of national sovereignty and national independence as signified by international boundaries. In this book, Richard Falk draws upon these changes to examine the ethics and politics of humanitarian intervention in the 21st Century. As well as analysing the theoretical and conceptual basis of the responsibility to protect, the book also contains a number of case studies looking at Iraq, Afghanistan, Kosovo and Syria. The final section explores when humanitarian intervention can succeed and the changing nature of international political legitimacy in countries such as India, Tibet, South Africa and Palestine. This book will be of interest to students of International Relations theory, Peace Studies and Global Politics.

Legitimacy in International Law

Author: Rüdiger Wolfrum

Publisher: Springer Science & Business Media

Published: 2008-02-26

Total Pages: 423

ISBN-13: 3540777644

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There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.

Legitimising the Use of Force in International Politics

Author: Corneliu Bjola

Publisher: Routledge

Published: 2009-09-10

Total Pages: 406

ISBN-13: 1135256845

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This book aims to examine the conditions under which the decision to use force can be reckoned as legitimate in international relations. Drawing on communicative action theory, it provides a provocative answer to the hotly contested question of how to understand the legitimacy of the use of force in international politics. The use of force is one of the most critical and controversial aspects of international politics. Scholars and policy-makers have long tried to develop meaningful standards capable of restricting the use of force to a legally narrow yet morally defensible set of circumstances. However, these standards have recently been challenged by concerns over how the international community should react to gross human rights abuses or to terrorist threats. This book argues that current legal and moral standards on the use of force are unable to effectively deal with these challenges. The author argues that the concept of 'deliberative legitimacy', understood as the non-coerced commitment of an actor to abide by a decision reached through a process of communicative action, offers the most appropriate framework for addressing this problem. The theoretical originality and empirical value of the concept of deliberative legitimacy comes fully into force with the examination of two of the most severe international crises from the post Cold War period: the 1999 NATO intervention in Kosovo and the 2003 US military action against Iraq. This book will be of much interest to students of international security, ethics, international law, discourse theory and IR. Corneliu Bjola is SSHRC Postdoctoral Fellow with the Centre for Ethics at the University of Toronto, and has a PhD in International Relations.

Legitimating International Organizations

Author: Dominik Zaum

Publisher: OUP Oxford

Published: 2013-09-26

Total Pages: 272

ISBN-13: 0191652202

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The legitimacy of international and regional organizations and their actions is frequently asserted and challenged by states and commentators alike. Their authorisations or conduct of military interventions, their structures of decision-making, and their involvement into what states deem to be domestic matters have all raised questions of legitimacy. As international organizations lack the coercive powers of states, legitimacy is also considered central to their ability to attain compliance with their decisions. Despite the prominence of legitimacy talk around international organizations, little attention has been paid to the practices and processes through which such organizations and their member states justify the authority these organizations exercise - how they legitimise themselves both vis-à-vis their own members and external audiences. This book addresses this gap by comparing and evaluating the legitimation practices of a range of international and regional organizations. It examines the practices through which such organizations justify and communicate their legitimacy claims, and how these practices differ between organizations. In exploring the specific legitimation practices of international organizations, this book analyses the extent to which such practices are shaped by the structure of the different organizations, by the distinct normative environments within which they operate, and by the character of the audiences of their legitimacy claims. It also considers the implications of this analysis for global and regional governance.