The Proportionality of State Intervention


Book Description

This book outlines the connection between the principles of proportionality of state intervention and strategies made by the European Union. It describes underlining reasons for the occurrence of the global economic recession and available intervention options for governments to the EU markets.This book works out several possibilities EU countries use with the help of state intervention to actively intervene in the market economy. The author critically assesses the proportionality of interventions in the markets of EU members. With regard to the European economic recession, the book highlights the background of the global financial and external debt crisis. In this context, possible measures for growth promotion processes of the EU are also described.The book will appeal to lecturers and students of economics disciplines worldwide, political advisors of EU member states and decision-makers of the European Central Bank; as well as, in principle, all interested readers who would like to learn more about fiscal policy in the European Union.




The Function of Proportionality Analysis in European Law


Book Description

The proportionality principle has become ever more important in European law and elsewhere. The career of the principle has attracted considerable attention from legal practitioners, legal theorists and political scientists alike, but the debate so far has been quite fragmented. In this new book the author offers a broad and systematic analysis of the proportionality principle. Discussing and comparing proportionality analysis as applied by European courts in part one of the book, the author proceeds to contrast proportionality analysis with alternative assessment schemes. In the third part of the book the author reaches beyond doctrinal reconstructions as he deciphers the functions of proportionality jurisprudence. In view of the various facets of proportionality analysis the author departs from the asserted infringement of a legally protected position by some regulatory act, proceeds to discuss the legitimacy of this intervention and undertakes an analysis of its suitability, appropriateness and necessity. According to the author, the safe grounds of proportionality means-ends rationality do not suffice where the legitimacy of an infringement has to be assessed, where conflicting values have to be “balanced” or where courts engage in a proportionality analysis “stricto sensu”. In the concluding remarks, the author proposes how proportionality analysis may be structured in order to better secure the legitimacy of the analysis.




The Responsibility to Protect


Book Description

Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty




Necessity, Proportionality and the Use of Force by States


Book Description

There has been considerable debate in the international community as to the legality of the forceful actions in Kosovo in 1999, Afghanistan in 2002 and Iraq in 2003 under the United Nations Charter. There has been consensus, however, that the use of force in all these situations had to be both proportional and necessary. Against the background of these recent armed conflicts, this 2004 book offers the first comprehensive assessment of the twin requirements of proportionality and necessity as legal restraints on the forceful actions of States. It also provides a much-needed examination of the relationship between proportionality in the law on the use of force and international humanitarian law.




Proportionality in International Law


Book Description

1. Introduction 2. What is Proportionality? 3. Proportionality: A Multiplicity of Meanings 4. Proportionality in the Just War Tradition 5. Proportionality in International Humanitarian Law 6. Proportionality in Human Rights Law and Morality 7. The Uniqueness of Jus in Bello Proportionality 8. Countermeasures and Counterinsurgency 9. Human Shields and Risk 10. Targeted Killings and Proportionality in Law: Two Models 11. The Nature of War and the Idea of "Cyberwar" 12. Thresholds of Jus in Bello Proportionality Bibliography Index.




Proportionality in Action


Book Description

A comparative and empirical analysis of proportionality in the case law of six constitutional and supreme courts.




Necessity and Proportionality and the Right of Self-Defence in International Law


Book Description

States invariably justify using force extraterritorially by reference to their right of self-defence. In doing so, they accept that the exercise of this right is conditioned by the customary international law requirements of necessity and proportionality. However, these requirements are notorious for being normatively indeterminate and operationally complex. As a breach of either requirement renders ostensibly defensive action unlawful, increased determinacy regarding their scope and substance is crucial to how international law constrains military force. This book examines the conceptual meaning, content, and practical application of necessity and proportionality as they relate to the right of self-defence following the adoption of the UN Charter in 1945. It provides a coherent and up-to-date description of the applicable contemporary international law and proposes an analytical framework to guide its operation and appraisal. This book argues that necessity and proportionality are conceptually distinct and must be applied in the foregoing order to avoid an insufficient 'catch-all' description of legality or illegality. Necessity determines whether defensive force may be used to respond to an armed attack and where it must be directed. Proportionality governs how much total force is permissible and prohibits excessive responses. Both requirements are shown to apply on an ongoing basis throughout the duration of an armed conflict prompted by self-defence. Compliance with necessity and proportionality ensures that the purposes of self-defence are met, and nothing more, and that defensive force is not unduly disruptive to third party interests and to international peace and security.




Pandemic Politics


Book Description

How the politicization of the pandemic endangers our lives—and our democracy COVID-19 has killed more people than any war or public health crisis in American history, but the scale and grim human toll of the pandemic were not inevitable. Pandemic Politics examines how Donald Trump politicized COVID-19, shedding new light on how his administration tied the pandemic to the president’s political fate in an election year and chose partisanship over public health, with disastrous consequences for all of us. Health is not an inherently polarizing issue, but the Trump administration’s partisan response to COVID-19 led ordinary citizens to prioritize what was good for their “team” rather than what was good for their country. Democrats, in turn, viewed the crisis as evidence of Trump’s indifference to public well-being. At a time when solidarity and bipartisan unity were sorely needed, Americans came to see the pandemic in partisan terms, adopting behaviors and attitudes that continue to divide us today. This book draws on a wealth of new data on public opinion to show how pandemic politics has touched all aspects of our lives—from the economy to race and immigration—and puts America’s COVID-19 response in global perspective. An in-depth account of a uniquely American tragedy, Pandemic Politics reveals how the politicization of the COVID-19 pandemic has profound and troubling implications for public health and the future of democracy itself.




Michigan Court Rules


Book Description




Humanitarian Military Intervention


Book Description

Military intervention in a conflict without a reasonable prospect of success is unjustifiable, especially when it is done in the name of humanity. Couched in the debate on the responsibility to protect civilians from violence and drawing on traditional 'just war' principles, the centralpremise of this book is that humanitarian military intervention can be justified as a policy option only if decision makers can be reasonably sure that intervention will do more good than harm. This book asks, 'Have past humanitarian military interventions been successful?' It defines success as saving lives and sets out a methodology for estimating the number of lives saved by a particular military intervention. Analysis of 17 military operations in six conflict areas that were thedefining cases of the 1990s-northern Iraq after the Gulf War, Somalia, Bosnia and Herzegovina, Rwanda, Kosovo and East Timor-shows that the majority were successful by this measure. In every conflict studied, however, some military interventions succeeded while others failed, raising the question, 'Why have some past interventions been more successful than others?' This book argues that the central factors determining whether a humanitarian intervention succeeds are theobjectives of the intervention and the military strategy employed by the intervening states. Four types of humanitarian military intervention are offered: helping to deliver emergency aid, protecting aid operations, saving the victims of violence and defeating the perpetrators of violence. Thefocus on strategy within these four types allows an exploration of the political and military dimensions of humanitarian intervention and highlights the advantages and disadvantages of each of the four types.Humanitarian military intervention is controversial. Scepticism is always in order about the need to use military force because the consequences can be so dire. Yet it has become equally controversial not to intervene when a government subjects its citizens to massive violation of their basic humanrights. This book recognizes the limits of humanitarian intervention but does not shy away from suggesting how military force can save lives in extreme circumstances.