Just and Unjust Military Intervention


Book Description

Classical arguments about the legitimate use of force have profoundly shaped the norms and institutions of contemporary international society. But what specific lessons can we learn from the classical European philosophers and jurists when thinking about humanitarian intervention, preventive self-defense or international trusteeship today? The contributors to this volume take seriously the admonition of contextualist scholars not to uproot classical thinkers' arguments from their social, political and intellectual environment. Nevertheless, this collection demonstrates that contemporary students, scholars and policymakers can still learn a great deal from the questions raised by classical European thinkers, the problems they highlighted, and even the problematic character of some of the solutions they offered. The aim of this volume is to open up current assumptions about military intervention, and to explore the possibility of reconceptualizing and reappraising contemporary approaches.




Armed Intervention and Consent


Book Description

In the past decade, numerous military operations by outside states have relied on the real or alleged 'invitation' of one of the parties. In this book, three experts examine the relevant legal issues, from sovereignty to the scope and relevance of consent, the use of force to the role of the Security of Council. Using critical historical analysis, qualitative case studies and large-N empirics, these topics are debated and addressed in a unique trialogue format. Accommodating the pluralism of the field, the trialogical setting highlights the divergences and commonalities of each of the three approaches. Benefiting from an in-depth analysis of recent cases of armed intervention and the diversity of the authors' perspectives, this collection is key to developing a richer understanding of the law of military intervention. This title is also available as Open Access on Cambridge Core.




Humanitarian Intervention


Book Description

The dilemma of how best to protect human rights is one of the most persistent problems facing the international community today. This unique and wide-ranging history of humanitarian intervention examines responses to oppression, persecution and mass atrocities from the emergence of the international state system and international law in the late sixteenth century, to the end of the twentieth century. Leading scholars show how opposition to tyranny and to religious persecution evolved from notions of the common interests of 'Christendom' to ultimately incorporate all people under the concept of 'human rights'. As well as examining specific episodes of intervention, the authors consider how these have been perceived and justified over time, and offer important new insights into ideas of national sovereignty, international relations and law, as well as political thought and the development of current theories of 'international community'.




Intervention in the International Court of Justice


Book Description

In approaching the writing of Intervention in the International Court of Justice, the author soon reached two conclusions. The first was that in order to understand the attitude of the Court today in applying the provisions of Articles 62 and 63 of the Statute, considerable importance attaches to their legislative history. In the Barcelona Traction (Preliminary Objections) case the Court referred to the `drafting records' of certain provisions of the Rules of Court under consideration there. The second conclusion was that examination of the decisions of the Court in intervention proceedings incidentally and in isolation from the case as a whole could put the material out of focus. The Court's position in a case of intervention can only be fully assessed in the context of the proceedings as a whole, when the real influence of the intervention phase on the final decision comes into the open. In addition, a new dimension, that of modern diplomacy, could be added to an understanding of the difficulties posed - for the Court, for individual States and for their legal advisers - by the institution of intervention. The book is based on a series of courses given by the author as Belle van Zuylen Professor in the Humanities at the University of Utrecht in 1986--1987. Nicaragua's intervention in the `Land, Island and Maritime Frontier Dispute' case between El Salvador and Honduras before a Chamber of the International Court led to a complete reexamination of the whole work, and to this current publication.




Intervention in Civil Wars


Book Description

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.




La Recherche-Intervention Dans les Entreprises et les Organisations


Book Description

This volume continues to build on the relationship between the Research in Management Consulting series and the intervener-researchers at the Socio-Economic Institute for Firms and Organizations (ISEOR) in Ecully, France, extending that partnership to our recent work with the French Foundation for Management Education (FNEGE), a foundation dedicated to closing the gap between the teaching and practice of management in France. As part of the Foundation’s multifaceted activities—which range from seminars and an advanced training initiative for French doctoral students to joint programs with international organizations an associations—FNEGE partnered with ISEOR to sponsor a series of workshops on developing high quality intervention-research. This volume is one of the results from that endeavor. Although intervention-research helps to uncover valuable insight into organizational dynamics and performance, the challenge of capturing and disseminating that insight to both academics and practitioners is entrenched in the rigor-relevance debate. While we are witnessing increased calls for “actionable knowledge,” this ideal, unfortunately, remains a rather elusive concept as critics contend either that rigorous academic research falls well-short of relevance to the practitioner world or research that proves to be valuable to practitioners falls short of the rigor expected in academic life. This volume is intended to help bridge that divide. Drawing on the FNEGE-ISEOR intervention-research workshop, the volume contains 18 chapters that explore the intervention-research process, from initial conceptualization, to implementation, to publication. The volume will be published in French and English




A History of Humanitarian Intervention


Book Description

An examination of the historical narratives surrounding humanitarian intervention, presenting an undogmatic, alternative history of human rights protection.




International Law and the Principle of Non-Intervention


Book Description

The principle of non-intervention in the domestic affairs of states is one of the most venerable principles of international law. Although not expressly mentioned in the Charter of the United Nations, at least as an inter-state prohibition, the principle currently appears in a plethora of treaties and UN General Assembly resolutions and has been invoked like a mantra by states of all geographical and political denominations. Despite this, the determination of its exact content has remained an enigma. International Law and the Principle of Non-Intervention: History, Theory, and Interactions with Other Principles solves this enigma by exploring what constitutes an 'intervention' in international law and when interventions are unlawful. These questions are approached from three different perspectives, which are reflected in the book's structure: historical, theoretical, and systematic. Through a comprehensive survey of primary documents and of over 200 cases of intervention from the mid-18th century to the present day, as well as an extensive literature search, this work provides an in-depth analysis of the principle of non-intervention which links it to fundamental notions of international law, including sovereignty, use of force, self-determination, and human rights protection.




International Law and the Principle of Non-Intervention


Book Description

This book provides a systematic analysis of the principle of non-intervention from a historical, theoretical, and systematic perspective. Roscini argues that the principle is strictly linked to some fundamental notions of international law, such as sovereignty, use of force, self-determination, and human rights protection.