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An Equitable Framework for Humanitarian Intervention


ISBN13: 9781849464048
Published: May 2013
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00



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This book aims at the resolution of the dilemma regarding whether armed intervention as a response to gross human rights violations is ever legally justified without Security Council authorisation.

Thus far, international lawyers have been caught between giving a negative answer on the basis of the UN Charter's rules ('positivists'), and a 'turn to ethics', declaring intervention legitimate on moral grounds, while eschewing legal analysis ('moralists'). In this volume, a third solution is proposed.

The idea is presented that many equitable principles may qualify as 'general principles of law recognised by civilised nations' - one of the three principal sources of international law (though a category that is often overlooked) - a conclusion based upon detailed research of both national legal systems and international law.

These principles, having normative force in international law, are then used to craft an equitable framework for humanitarian intervention. It is argued that the dynamics of their operation allow them to interact with the Charter and customary law in order to fill gaps in the existing legal structure and soften the rigours of strict law in certain circumstances. It is posited that many of the moralists' arguments are justified, albeit based upon firm legal principles rather than ethical theory.

The equitable framework proposed is designed to provide an answer to the question of how humanitarian intervention may be integrated into the legal realm. Certainly, this will not mean an end to controversies regarding concrete cases of humanitarian intervention. However, it will enable the framing of such controversies in legal terms, rather than as a choice between the law and morality.

Subjects:
Human Rights and Civil Liberties, Public International Law
Contents:
Introduction 1
The Humanitarian Intervention Discourse: A Debate on the Edges of the Law
I. General Introduction
II. Historical Introduction
III. 'Kosovo' as an Illegal Operation
IV. 'A Thin Red Line' - The Argument of 'Near-Legality'
V. 'Contemporary Trends' and the Reform of Customary International Law
VI. Legal Inadequacy and 'Solidarist Intervention'
VII. 'A Custom More Honour'd in the Breach than in the Observance' - The Turn to Ethics
VIII. Illegal International Law Reform: Ethics in Action
IX. Necessity as the Mother of Invention
X. Taking Human Rights Seriously? From Just War to Neo-Imperialism
XI. Obscuring the Law
XII. The Responsibility to Protect
XIII. Conclusion
2. The Third Source of International Law
I. Introduction
II. Article 38(1) as the Wellspring of International Legal Sources
III. General Principles of Law in the World Court
IV. Conclusion
3. Equity as 'General Principles' in the Legal Systems of 'Civilised Nations'
I. Introduction: A Bayonet to Prick the Conscience
II. Legal Rigidity as the Crux of the Problem
III. Equity outside the English Common Law Model
IV. The Common Core of Equity
V. Conclusion: Equity as a Hallmark of 'Civilised' Legal Systems
4. Equity in International Legal Practice
I. Introduction
II. Equitable General Principles in the Judgments of the World Court
III. Equity by Analogy - The Third Category of the Third Source IV. Conclusion
5. A Framework for Equitable Humanitarian Intervention
I. Introduction
II. The Relationship between Equity, General Principles and Other Sources of International Law
III. The Third Exception? International Equity and Humanitarian Intervention
IV. Conclusion
I. Libya 2011
II. Syria 2012
III. To Be or Not To Be?

Series: Hart Studies in International Law

Intervention in Civil Wars: Effectiveness, Legitimacy, and Human Rights ISBN 9781509947058
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Predictability and Flexibility in the Law of Maritime Delimitation 2nd ed ISBN 9781509912117
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Arctic Law and Governance: The Role of China and Finland ISBN 9781509930098
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Complicity in International Criminal Law ISBN 9781509928903
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Economic Sanctions and International Law ISBN 9781509927524
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Economic Sanctions and International Law (eBook) ISBN 9781782254737
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Complicity and its Limits in the Law of International Responsibility ISBN 9781509926770
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Human Rights and Drug Control: The False Dichotomy ISBN 9781509926435
Published December 2018
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Security and International Law ISBN 9781509924752
Published October 2018
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Human Rights Obligations of Non-State Armed Groups ISBN 9781509924431
Published September 2018
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Diplomatic Interference and the Law ISBN 9781509924592
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Law's Impunity: Responsibility and the Modern Private Military Company ISBN 9781509918393
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Non-State Actors in International Law ISBN 9781509917839
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The Contractual Nature of the Optional Clause ISBN 9781509917686
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Arctic Law and Governance: The Role of China and Finland ISBN 9781849467025
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Arctic Law and Governance: The Role of China and Finland (eBook) ISBN 9781509911493
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International Law and Child Soldiers ISBN 9781509913831
Published January 2017
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Complicity in International Criminal Law (eBook) ISBN 9781509900091
Published December 2016
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£29.69
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Complicity in International Criminal Law ISBN 9781509900084
Published December 2016
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Economic Sanctions and International Law ISBN 9781849465908
Published October 2016
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Corruption and Human Rights Law in Africa ISBN 9781509908455
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Complicity and its Limits in the Law of International Responsibility ISBN 9781782259404
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Human Rights and Drug Control: The False Dichotomy ISBN 9781849467063
Published August 2016
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Human Rights and Drug Control: The False Dichotomy (eBook) ISBN 9781509901135
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Security and International Law (eBook) ISBN 9781782255895
Published June 2016
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Security and International Law ISBN 9781849466349
Published June 2016
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Human Rights Obligations of Non-State Armed Groups ISBN 9781509901630
Published May 2016
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Human Rights Obligations of Non-State Armed Groups (eBook) ISBN 9781509901654
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Diplomatic Interference and the Law (eBook) ISBN 9781509902781
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Diplomatic Interference and the Law ISBN 9781849464369
Published April 2016
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Law's Impunity: Responsibility and the Modern Private Military Company (eBook) ISBN 9781782259626
Published September 2015
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£30.59
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Law's Impunity: Responsibility and the Modern Private Military Company ISBN 9781849465168
Published September 2015
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£85.00
Statelessness: The Enigma of the International Community ISBN 9781849469692
Published August 2015
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£33.99
Non-State Actors in International Law ISBN 9781849465113
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Non-State Actors in International Law (eBook) ISBN 9781509901869
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The Contractual Nature of the Optional Clause (eBook) ISBN 9781509901449
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The Contractual Nature of the Optional Clause ISBN 9781849468664
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International Law and Child Soldiers ISBN 9781849465205
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International Law and Child Soldiers (eBook) ISBN 9781782254348
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Corruption and Human Rights Law in Africa (eBook) ISBN 9781782254539
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Corruption and Human Rights Law in Africa ISBN 9781849466370
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Statelessness: The Enigma of the International Community (eBook) ISBN 9781782253747
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Statelessness: The Enigma of the International Community ISBN 9781849465076
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International Law and the Construction of the Liberal Peace ISBN 9781849462440
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International Law and the Construction of the Liberal Peace (eBook) ISBN 9781782251774
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An Equitable Framework for Humanitarian Intervention (eBook) ISBN 9781782251279
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Europe and Extraterritorial Asylum ISBN 9781849462709
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Promises of States under International Law ISBN 9781849462327
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Promises of States under International Law (eBook) ISBN 9781847318787
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Accounting for Hunger: The Right to Food in the Era of Globalization ISBN 9781849462266
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The Militarisation of Peacekeeping in the Twenty-First Century ISBN 9781849461146
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The Militarisation of Peacekeeping in the Twenty-First Century (eBook) ISBN 9781847318183
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International Humanitarian Law and Terrorism ISBN 9781849461375
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Multi-Sourced Equivalent Norms in International Law ISBN 9781849461450
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Reflections on the UN Declaration on the Rights of Indigenous Peoples ISBN 9781841138787
Published January 2011
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Contracting with Sovereignty: State Contracts and International Arbitration ISBN 9781841136578
Published January 2011
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Human Dignity and the Foundations of International Law (eBook) ISBN 9781847318060
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Human Dignity and the Foundations of International Law ISBN 9781849460897
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Africa: Mapping New Boundaries in International Law
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The Democratic Legitimacy of International Law ISBN 9781841138176
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Sovereignty and the Stateless Nation: Gibraltar in the Modern Legal Context ISBN 9781841139166
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Human Dignity and the Foundations of International Law ISBN 9781841133577
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Counterterrorism: Democracy’s Challenge ISBN 9781841138183
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Africa: Mapping New Boundaries in International Law
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Forced Migration, Human Rights and Security
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Human Security and International Law: Prospects and Problems ISBN 9781841136103
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Biotechnologies and International Human Rights ISBN 9781841137032
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Transnational Corporations and Human Rights ISBN 9781841136530
Published September 2006
Hart Publishing
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Biotechnology and International Law ISBN 9781841136318
Published June 2006
Hart Publishing
£130.00
Predictability and Flexibility in the Law of Maritime Delimitation ISBN 9781841135816
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£49.99
Enforcing International Law Norms Against Terrorism
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Published November 2005
Hart Publishing
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Regional Organisations and Development of Collective Security ISBN 9781841134802
Published November 2004
Hart Publishing
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Enforcing International Law Norms Against Terrorism
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The Permanent International Criminal Court ISBN 9781841132815
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The Chapter VII Powers of the United Nations Security Council ISBN 9781841134222
Published January 2004
Hart Publishing
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Toxics and Transnational Law: International and European Regulation of Toxic Substances as Legal Symbolism
Marc PallemaertsVrije Universiteit Brussel, Brussels and Universite Libre de Bruxelles, Brussels
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Between Light and Shadow ISBN 9781841133904
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