Reading Humanitarian Intervention

Human Rights and the Use of Force in International Law

Author: Anne Orford

Publisher: Cambridge University Press

ISBN: 9781139435710

Category: Law

Page: N.A

View: 8790

During the 1990s, humanitarian intervention seemed to promise a world in which democracy, self-determination and human rights would be privileged over national interests or imperial ambitions. Orford provides critical readings of the narratives that accompanied such interventions and shaped legal justifications for the use of force by the international community. Through a close reading of legal texts and institutional practice, she argues that a far more circumscribed, exploitative and conservative interpretation of the ends of intervention was adopted during this period. The book draws on a wide range of sources, including critical legal theory, feminist and postcolonial theory, psychoanalytic theory and critical geography, to develop ways of reading directed at thinking through the cultural and economic effects of militarized humanitarianism. The book concludes by asking what, if anything, has been lost in the move from the era of humanitarian intervention to an international relations dominated by wars on terror.

Humanity at Sea

Maritime Migration and the Foundations of International Law

Author: Itamar Mann

Publisher: Cambridge University Press

ISBN: 1316785297

Category: Political Science

Page: N.A

View: 2887

This interdisciplinary study engages law, history, and political theory in a first attempt to crystallize the lessons the global 'refugee crisis' can teach us about the nature of international law. It connects the dots between the actions of Jewish migrants to Palestine after WWII, Vietnamese 'boatpeople', Haitian refugees seeking to reach Florida, Middle Eastern migrants and refugees bound to Australia, and Syrian refugees currently crossing the Mediterranean, and then legal responses by states and international organizations to these movements. Through its account of maritime migration, the book proposes a theory of human rights modelled around an encounter between individuals in which one of the parties is at great risk. It weaves together primary sources, insights from the work of twentieth-century thinkers such as Hannah Arendt and Emmanuel Levinas, and other legal materials to form a rich account of an issue of increasing global concern.

The Right to Housing

Law, Concepts, Possibilities

Author: Jessie Hohmann

Publisher: Bloomsbury Publishing

ISBN: 1782250980

Category: Law

Page: 286

View: 2310

A human right to housing represents the law's most direct and overt protection of housing and home. Unlike other human rights, through which the home incidentally receives protection and attention, the right to housing raises housing itself to the position of primary importance. However, the meaning, content, scope and even existence of a right to housing raise vexed questions. Drawing on insights from disciplines including law, anthropology, political theory, philosophy and geography, this book is both a contribution to the state of knowledge on the right to housing, and an entry into the broader human rights debate. It addresses profound questions on the role of human rights in belonging and citizenship, the formation of identity, the perpetuation of forms of social organisation and, ultimately, of the relationship between the individual and the state. The book addresses the legal, theoretical and conceptual issues, providing a deep analysis of the right to housing within and beyond human rights law. Structured in three parts, the book outlines the right to housing in international law and in key national legal systems; examines the most important concepts of housing: space, privacy and identity and, finally, looks at the potential of the right to alleviate human misery, marginalisation and deprivation. The book represents a major contribution to the scholarship on an under-studied and ill-defined right. In terms of content, it provides a much needed exploration of the right to housing. In approach it offers a new framework for argument within which the right to housing, as well as other under-theorised and contested rights, can be reconsidered, reconnecting human rights with the social conditions of their violation, and hence with the reasons for their existence. Shortlisted for The Peter Birks Prize for Outstanding Legal Scholarship 2013.

Great Powers and Outlaw States

Unequal Sovereigns in the International Legal Order

Author: Gerry Simpson

Publisher: Cambridge University Press

ISBN: 9780521534901

Category: Law

Page: 391

View: 1932

Historical and legal analysis of Kosovo and Afghanistan wars and impact on global political order.

Reducing Genocide to Law

Definition, Meaning, and the Ultimate Crime

Author: Payam Akhavan

Publisher: Cambridge University Press

ISBN: 0521824419

Category: Law

Page: 191

View: 2332

Why is genocide the 'ultimate crime' and does this distinction make any difference in confronting evil?

Legal Consequences of Peremptory Norms in International Law

Author: Daniel Costelloe

Publisher: Cambridge University Press

ISBN: 1107145031

Category: Law

Page: 300

View: 9480

When is a norm peremptory? This is a question that has troubled legal scholars throughout the development of modern international law. In this work, Daniel Costelloe suggests - through an examination of State practice and international materials - that it is the legal consequences of a norm which distinguish it as peremptory. This book sheds new light on the legal consequences that peremptory norms have, for instance, in the law of treaties, international responsibility and state immunity. Unlike their substance or identification, the consequences of peremptory norms have remained under-studied. This book is the first specifically on this topic and is essential reading for all scholars and practitioners of public international law.

Economic, Social, and Cultural Rights in Armed Conflict

Author: Gilles Giacca

Publisher: OUP Oxford

ISBN: 0191026905

Category: Law

Page: 414

View: 7578

This book addresses the international legal obligation to protect economic, social, and cultural human rights in times of armed conflict and other situations of armed violence. These rights provide guarantees to individuals of their fundamental rights to work, to an adequate standard of living (food, water, housing), to education, and to health. Armed violence can take many forms, from civil unrest or protest and other forms of internal disturbances and tensions to higher levels of violence that may amount to armed conflict, whether of an international or of a non-international character. However, in all such cases the protection of ESC rights is sorely challenged. Situations of actual or potential violence present a number of challenges to the application and implementation of human rights law in general and socio-economic rights obligations more specifically. This book sets out the legal framework, defining what constitutes a minimum universal standard of human rights protection applicable in all circumstances. It assesses the concept and content of ESC rights' obligations, and evaluates how far they can be legally applicable in various scenarios of armed violence. By looking at the specific human rights treaty provisions, it discusses how far ESC rights obligations can be affected by practical and legal challenges to their implementation. The book addresses the key issues facing the protection of such rights in times of armed conflict: the legal conditions to limit ESC rights on security grounds, including the use of force; the extraterritorial applicability of international human rights treaties setting out ESC rights; the relationship between human rights law and international humanitarian law; and the obligations of non-state actors under human rights law and with particular relevance to the protection of ESC rights. The book assesses the nature of these potential challenges to the protection of ESC rights, and offers solutions to reinforce their continued application.

Amnesty in the Age of Human Rights Accountability

Comparative and International Perspectives

Author: Francesca Lessa,Leigh A. Payne

Publisher: Cambridge University Press

ISBN: 1107025001

Category: Law

Page: 423

View: 5303

This edited volume brings together well-established and emerging scholars of transitional justice to discuss the persistence of amnesty in the age of human rights accountability. The volume attempts to reframe debates, moving beyond the limited approaches of 'truth versus justice' or 'stability versus accountability' in which many of these issues have been cast in the existing scholarship. The theoretical and empirical contributions in this book offer new ways of understanding and tackling the enduring persistence of amnesty in the age of accountability. In addition to cross-national studies, the volume encompasses eleven country cases of amnesty for past human rights violations: Argentina, Brazil, Cambodia, El Salvador, Guatemala, Indonesia, Rwanda, South Africa, Spain, Uganda and Uruguay. The volume goes beyond merely describing these case studies, but also considers what we learn from them in terms of overcoming impunity and promoting accountability to contribute to improvements in human rights and democracy.

Religious Actors and International Law

Author: Ioana Cismas

Publisher: OUP Oxford

ISBN: 019102189X

Category: Law

Page: 440

View: 367

This book assesses whether a new category of religious actors has been constructed within international law. Religious actors, through their interpretations of the religion(s) they are associated with, uphold and promote, or indeed may transform, potentially oppressive structures or discriminatory patterns. This study moves beyond the concern that religious texts and practices may be incompatible with international law, to provide an innovative analysis of how religious actors themselves are accountable under international law for the interpretations they choose to put forward. The book defines religious actors as comprising religious states, international organizations, and non-state entities that assume the role of interpreting religion and so claim a 'special' legitimacy anchored in tradition or charisma. Cutting across the state / non-state divide, this definition allows the full remit of religious bodies to be investigated. It analyses the crucial question of whether religious actors do in fact operate under different international legal norms to non-religious states, international organizations, or companies. To that end, the Holy See-Vatican, the Organization of Islamic Cooperation, and churches and religious organizations under the European Convention on Human Rights regime are examined in detail as case studies. The study ultimately establishes that religious actors cannot be seen to form an autonomous legal category under international law: they do not enjoy special or exclusive rights, nor incur lesser obligations, when compared to their respective non-religious peers. Going forward, it concludes that a process of two-sided legitimation may be at stake: religious actors will need to provide evidence for the legality of their religious interpretations to strengthen their legitimacy, and international law itself may benefit from religious actors fostering its legitimacy in different cultural contexts.

The International Law of Human Trafficking

Author: Anne T. Gallagher

Publisher: Cambridge University Press

ISBN: 1139492071

Category: Political Science

Page: N.A

View: 8575

Although human trafficking has a long and ignoble history, it is only recently that trafficking has become a major political issue for states and the international community and the subject of detailed international rules. Anne T. Gallagher calls on her direct experience working within the United Nations to chart the development of new international laws on this issue. She links these rules to the international law of state responsibility as well as key norms of international human rights law, transnational criminal law, refugee law and international criminal law, in the process identifying and explaining the major legal obligations of states with respect to preventing trafficking, protecting and supporting victims, and prosecuting perpetrators. This book is a groundbreaking work: a unique and valuable resource for policymakers, advocates, practitioners and scholars working in this controversial and important field.

Non-Legality in International Law

Unruly Law

Author: Fleur Johns

Publisher: Cambridge University Press

ISBN: 1107014018

Category: Law

Page: 259

View: 5164

Shows how international lawyers make non-law (extra-legal, illegal and other non-legal phenomena) and why this matters in global politics today.

Accountability for Human Rights Atrocities in International Law

Beyond the Nuremberg Legacy

Author: Steven R. Ratner,Jason S. Abrams,James L. Bischoff

Publisher: Oxford University Press

ISBN: 0199546665

Category: History

Page: 483

View: 817

The book offers an introduction to international law's approaches to holding individuals accountable for human rights atrocities, exploring whether human rights abusers can and should be brought to justice. The authors examine how, in the years since the Nuremberg Trials, states have created international norms holding abusers accountable, tried such people domestically and internationally for their crimes, and established other,non-criminal forms of accountability. These include trials in domestic courts and international tribunals such as the UN's Yugoslavia and Rwanda tribunals and the International Criminal Court, as well asnonprosecutorial mechanisms including civil suits, truth commissions, and immigration measures. The authors appraise the state of the law and its mechanisms, including analysis of the principal crimes (such as genocide and crimes against humanity) and discuss the opportunities for and challenges to further steps aimed at accountability.

Politics of International Law and International Justice

Author: Edwin Egede

Publisher: Edinburgh University Press

ISBN: 0748684522

Category: Political Science

Page: 352

View: 7173

A textbook introduction to international law and justice is specially written for students studying law in other departments, such as politics and IR. Students will engage with debates surrounding sovereignty and global governance, sovereign and diplomati

Coalitions of the Willing and International Law

The Interplay between Formality and Informality

Author: Alejandro Rodiles

Publisher: Cambridge University Press

ISBN: 1108625827

Category: Law

Page: N.A

View: 1243

Global action and regulation is increasingly the result of the interplay between formality and informality. From the management of State conduct in international security to the coordination of national policies in climate change, international organizations work ever closer with coalitions of the willing. This book carefully describes this dynamic game, showing that it consists of transformative orchestration strategies and quasi-formalization processes. On the institutional plane, coalitions of the willing turn into 'durable efforts', while international organizations perform as 'platforms' within broader regime complexes. On the normative level, informal standards are framed in legal language and bestowed with the force of law, while legal norms are attached to multilayered schemes of implementation, characterized by pragmatic correspondences, persuasion tactics, and conceptual framing. Understanding how this interplay alters the notion of 'international legality' is crucial for the necessary recalibrations of the political ideals that will inform the rule of law in global governance.

Indigenous Rights and United Nations Standards

Self-Determination, Culture and Land

Author: Alexandra Xanthaki

Publisher: Cambridge University Press

ISBN: 1139461737

Category: Law

Page: N.A

View: 895

The debate on indigenous rights has revealed some serious difficulties for current international law, posed mainly by different understandings of important concepts. This book explores the extent to which indigenous claims, as recorded in the United Nations forums, can be accommodated by international law. By doing so, it also highlights how the indigenous debate has stretched the contours and ultimately evolved international human rights standards. The book first reflects on the international law responses to the theoretical arguments on cultural membership. After a comprehensive analysis of the existing instruments on indigenous rights, the discussion turns to self-determination. Different views are assessed and a fresh perspective on the right to self-determination is outlined. Ultimately, the author refuses to shy away from difficult questions and challenging issues and offers a comprehensive discussion of indigenous rights and their contribution to international law.

The Right to Life and Conflicting Interests

Author: Elizabeth Wicks

Publisher: Oxford University Press, USA

ISBN: 0199547394

Category: Law

Page: 260

View: 5630

The right to life is a core human right which has not yet received the detailed legal analysis that it requires. This book provides detailed, critical analysis of the controversial human right to life and, in particular, assesses the weight of conflicting interests which could and/or should serve to override the right. This contemporary study of the right to life focuses on the legal, as well as ethical, issues raised by the value of life in modern day society. It seeks to analyze the development, meaning and value of the fundamental human right to life in the context of its conflicts with other competing interests. The book begins with an overview of the right to life in which the concept of life itself is first analyzed, before both the right and its legal protection and enforcement are subjected to historical, philosophical and comparative analysis. The remainder of the book identifies, and assesses the merits of, various competing interests. These comprise armed conflict; prevention of crime; rights of others; autonomy; quality of life; and finite resources. The right to life is unusual in having potential application to so many of today's ethically controversial questions. This new work investigates specific topics of current political, legal and ethical concern such as the right to life during international conflicts, the role of lethal force in law enforcement, the death penalty, the right to life of a foetus in the context of legalized abortion, and the significance of quality of life and autonomy issues in respect of euthanasia and assisted suicide.

Shipping Interdiction and the Law of the Sea

Author: Douglas Guilfoyle

Publisher: Cambridge University Press

ISBN: 0521760194

Category: Law

Page: 374

View: 4624

In this comparative study of shipping interdiction, Douglas Guilfoyle considers the State action of stopping, searching and arresting foreign flag vessels and crew on the high seas in cases such as piracy, slavery, drug smuggling, fisheries management, migrant smuggling, the proliferation of weapons of mass destruction and maritime terrorism. Interdiction raises important questions of jurisdiction, including: how permission to board a foreign vessel is obtained; whether boarding State or flag State law applies during the interdiction (or whether both apply); and which State has jurisdiction to prosecute any crimes discovered. Rules on the use of force and protection of human rights, compensation for wrongful interdiction and the status of boarding State officers under flag State law are also examined. A unified and practical view is taken of the law applicable across existing interdiction regimes based on an extensive survey of state practice.

The Logic of Violence in Civil War

Author: Stathis N. Kalyvas

Publisher: Cambridge University Press

ISBN: 9781139456920

Category: Political Science

Page: N.A

View: 1437

By analytically decoupling war and violence, this book explores the causes and dynamics of violence in civil war. Against the prevailing view that such violence is an instance of impenetrable madness, the book demonstrates that there is logic to it and that it has much less to do with collective emotions, ideologies, and cultures than currently believed. Kalyvas specifies a novel theory of selective violence: it is jointly produced by political actors seeking information and individual civilians trying to avoid the worst but also grabbing what opportunities their predicament affords them. Violence, he finds, is never a simple reflection of the optimal strategy of its users; its profoundly interactive character defeats simple maximization logics while producing surprising outcomes, such as relative nonviolence in the 'frontlines' of civil war.