An Equitable Framework For Humanitarian Intervention

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An Equitable Framework for Humanitarian Intervention

Author : Ciarán Burke
Publisher : Bloomsbury Publishing
ISBN 13 : 178225126X
Total Pages : 398 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis An Equitable Framework for Humanitarian Intervention by : Ciarán Burke

Download or read book An Equitable Framework for Humanitarian Intervention written by Ciarán Burke and published by Bloomsbury Publishing. This book was released on 2013-05-09 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to resolve 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. '...has potential to become one of the most important books in public international law of the decade, or in a generation'. Martin Scheinin, Professor of Public International Law, European University Institute, Florence

Humanitarian Ethics

Author : Hugo Slim
Publisher : Oxford University Press
ISBN 13 : 0190613327
Total Pages : 374 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis Humanitarian Ethics by : Hugo Slim

Download or read book Humanitarian Ethics written by Hugo Slim and published by Oxford University Press. This book was released on 2015-01-09 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Humanitarians are required to be impartial, independent, professionally competent and focused only on preventing and alleviating human suffering. It can be hard living up to these principles when others do not share them, while persuading political and military authorities and non-state actors to let an agency assist on the ground requires savvy ethical skills. Getting first to a conflict or natural catastrophe is only the beginning, as aid workers are usually and immediately presented with practical and moral questions about what to do next. For example, when does working closely with a warring party or an immoral regime move from practical cooperation to complicity in human rights violations? Should one operate in camps for displaced people and refugees if they are effectively places of internment? Do humanitarian agencies inadvertently encourage ethnic cleansing by always being ready to 'mop-up' the consequences of scorched earth warfare? This book has been written to help humanitarians assess and respond to these and other ethical dilemmas.

Irish Yearbook of International Law, Volume 7, 2012

Author : Fiona de Londras
Publisher : Bloomsbury Publishing
ISBN 13 : 1782254544
Total Pages : 362 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Irish Yearbook of International Law, Volume 7, 2012 by : Fiona de Londras

Download or read book Irish Yearbook of International Law, Volume 7, 2012 written by Fiona de Londras and published by Bloomsbury Publishing. This book was released on 2014-12-04 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Irish Yearbook of International Law (IYIL) supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, Ireland and the Law of the Sea and the law of the European Union as relevant to developments in Ireland. In addition, the Yearbook reproduces key documents that reflect Irish practice on contemporary issues of international law. Publication of the Irish Yearbook of International Law makes Irish practice and opinio juris more readily available to Governments, academics and international bodies when determining the content of international law. In providing a forum for the documentation and analysis of North-South relations the Yearbook also makes an important contribution to post-conflict and transitional justice studies internationally. As a matter of editorial policy, the Yearbook seeks to promote a multilateral approach to international affairs, reflecting and reinforcing Ireland's long-standing commitment to multilateralism as a core element of foreign policy.

The Emergence of Humanitarian Intervention

Author : Fabian Klose
Publisher : Cambridge University Press
ISBN 13 : 1107075513
Total Pages : 375 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Emergence of Humanitarian Intervention by : Fabian Klose

Download or read book The Emergence of Humanitarian Intervention written by Fabian Klose and published by Cambridge University Press. This book was released on 2016 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: A study of the emergence and development of humanitarian intervention from the nineteenth century through to the present day. Drawing from a multitude of disciplines, it investigates the complex and controversial debates over the legitimacy of protecting humanitarian norms and universal human rights by violent as well as non-violent means.

Serious Violations of Human Rights

Author : Ilia Siatitsa
Publisher : Oxford University Press
ISBN 13 : 0192677667
Total Pages : 272 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Serious Violations of Human Rights by : Ilia Siatitsa

Download or read book Serious Violations of Human Rights written by Ilia Siatitsa and published by Oxford University Press. This book was released on 2022-05-12 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the use of the expression 'serious violations of human rights', and similar ones, such as 'gross' or 'grave', in international practice. It highlights some of the recurring responses and consequences to such violations and suggests that a new special regime - eponymous to the above-mentioned expression - was formed. This special regime is understood as substantively limited to a very specific issue-area of human rights violations. Within this regime, a series of monitoring mechanisms and procedures are in place to highlight, document, and record such violations; specific measures are taken to enforce compliance; and certain consequences arise focused on remedying the victims of such violations. As such, this special regime is comprised of at least four thinly interconnected components: the substantive, the monitoring, the enforcement, and the remedial ones. This monograph constitutes a first step towards the recognition of such a regime, allowing far more constructive and coherent elaboration in the future. Practice around this category of violations may well evolve in a different direction than the one suggested here. However, what becomes apparent from this work is that the serious violations of human rights are a key notion in the international legal order as it allows the international community to depict those factual situations requiring its attention and action.

A History of Humanitarian Intervention

Author : Mark Swatek-Evenstein
Publisher : Cambridge University Press
ISBN 13 : 110706192X
Total Pages : 291 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis A History of Humanitarian Intervention by : Mark Swatek-Evenstein

Download or read book A History of Humanitarian Intervention written by Mark Swatek-Evenstein and published by Cambridge University Press. This book was released on 2020-02-13 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: An examination of the historical narratives surrounding humanitarian intervention, presenting an undogmatic, alternative history of human rights protection.

Institutionalizing State Responsibility

Author : Vincent-Joël Proulx
Publisher : Oxford University Press
ISBN 13 : 0191500011
Total Pages : 401 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis Institutionalizing State Responsibility by : Vincent-Joël Proulx

Download or read book Institutionalizing State Responsibility written by Vincent-Joël Proulx and published by Oxford University Press. This book was released on 2016-05-06 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the 9/11 attacks, international organizations have become actively engaged in devising counterterrorism strategies and frameworks. This monograph examines the role UN organs can play in implementing the law of State responsibility in global security contexts, using transnational terrorism as its principal case study. The institutional mechanisms utilized by the UN in implementing State responsibility are assessed in detail, shedding light on how the ICJ, the General Assembly and the Security Council contribute to the implementation of State responsibility in the context of global security. By acknowledging the Security Council's role as a post-9/11 legislator, this book argues that the Council can play an important and sometimes determinant role in implementing a State's legal responsibility for failing to prevent terrorism, both inside and outside the Chapter VII framework. Featuring a discussion of the more controversial consequences flowing from State responsibility, this monograph also explores the prospect of injured States adopting forcible measures against responsible States for their failures to prevent terrorism. The book investigates whether self-defence and other forcible reactions, envisaged both inside and outside the Council, can be reconciled with State responsibility principles.

In the Cause of Humanity

Author : Fabian Klose
Publisher : Cambridge University Press
ISBN 13 : 1316516202
Total Pages : 475 pages
Book Rating : 4.3/5 (165 download)

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Book Synopsis In the Cause of Humanity by : Fabian Klose

Download or read book In the Cause of Humanity written by Fabian Klose and published by Cambridge University Press. This book was released on 2021-12-09 with total page 475 pages. Available in PDF, EPUB and Kindle. Book excerpt: A major new history of the emergence of the theory and practice of humanitarian intervention during the nineteenth century.

International Human Rights

Author : Hurst Hannum
Publisher : Aspen Publishing
ISBN 13 : 1454892595
Total Pages : 1560 pages
Book Rating : 4.4/5 (548 download)

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Book Synopsis International Human Rights by : Hurst Hannum

Download or read book International Human Rights written by Hurst Hannum and published by Aspen Publishing. This book was released on 2017-09-15 with total page 1560 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Sixth Edition of International Human Rights provides students with an accessible, problem-based pedagogy that forces them consider the fundamental human rights issues of from political and legal perspectives. Balancing practical considerations and underlying theory, this outstanding and newly expanded authorship team delivers a comprehensive text that examines the historical underpinnings and contemporary considerations that animate human rights efforts across the globe. Professors and students will benefit from: Streamlined text with contents being more intuitive; eliminating the underutilized section on International Criminal Law and reapportioning those materials elsewhere, and condensing the International Humanitarian Law section. Thoroughly updated text that includes recent scholarship, reports from International Tribunals, and changes in International Human Rights landscape. An incorporation of recent resolutions from international tribunals and decisions for international adjudicatory bodies.

Equity and Equitable Principles in the World Trade Organization

Author : Anastasios Gourgourinis
Publisher : Routledge
ISBN 13 : 1317964160
Total Pages : 340 pages
Book Rating : 4.3/5 (179 download)

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Book Synopsis Equity and Equitable Principles in the World Trade Organization by : Anastasios Gourgourinis

Download or read book Equity and Equitable Principles in the World Trade Organization written by Anastasios Gourgourinis and published by Routledge. This book was released on 2015-07-24 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses whether, and how, equity and equitable principles can be employed as juridical tools in the legal reasoning of judges and lawyers in World Trade Organization (WTO) disputes where there is interaction between norms derived from the multilateral trade regime and other international legal regimes. Bringing the literature on equity and equitable principles in international law up to date this book tackles several legal problems which have emerged in WTO dispute settlement practice as well as engaging with the concept of the fragmentation of international law. The book provides an original argument about the role and significance of equity and equitable principles in the debate over fragmentation by providing a coherent methodology for addressing conflicts and overlaps between WTO and non-WTO norms in the context of Dispute Settlement Body proceedings.

International Law on the Maintenance of Peace

Author : Robert Kolb
Publisher : Edward Elgar Publishing
ISBN 13 : 1788112156
Total Pages : 709 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis International Law on the Maintenance of Peace by : Robert Kolb

Download or read book International Law on the Maintenance of Peace written by Robert Kolb and published by Edward Elgar Publishing. This book was released on with total page 709 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a comprehensive study into the use of force and the maintenance of peace in international relations. Whilst rooted in public international law, it also approaches the question from different angles, including its historical evolution and its sociological environment. The competences and practice of the UN and of regional organizations in the maintenance of peace are examined before the focus is shifted to the inter-State level, the main non-use of force rule and its claimed or recognized exceptions. Robert Kolb analyzes each of these rules separately, before concluding with insightful reflections on the current state-of-play and considerations for the future of this branch of the law.

Fair and Equitable Benefit-sharing in International Law

Author : Elisa Morgera
Publisher : Oxford University Press
ISBN 13 : 0192606735
Total Pages : 305 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Fair and Equitable Benefit-sharing in International Law by : Elisa Morgera

Download or read book Fair and Equitable Benefit-sharing in International Law written by Elisa Morgera and published by Oxford University Press. This book was released on 2024-05-09 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fair and equitable benefit-sharing is a diffuse legal phenomenon in international law. The continued proliferation of benefit-sharing clauses can be explained by their appeal as an optimistic frame in addressing sustainability and equity concerns related to bio-based innovation, the use of natural resources, environmental protection, and knowledge creation. In principle, fair and equitable benefit-sharing serves to recognize, encourage, and incentivise sustainable human relationships with the environment by focusing on equity issues arising from the most intractable challenges of our time, such as loss of biodiversity, climate change, poverty, and global epidemics. Empirical evidence, however, indicates that, in practice, benefit-sharing rarely achieves its fairness and equity objectives, and ends up entrenching or worsening inequitable relationships with little to no benefit for the environment. Instead of focusing on fair and equitable benefit-sharing in sub-specialist areas of international law in isolation, Elisa Morgera assesses the phenomenon from a general international law perspective and through comparison-across international environmental law, international human rights law, international health law, and the law of the sea. Strengthened by insights from local-level case studies in different regions and sectors, this book looks toward overcoming the limitations inherent in individual international regimes and addressing the shortcomings in benefit-sharing implementation. Morgera's topical and comprehensive analysis reveals opportunities to advance fairness and equity in benefit-sharing through a mutually supportive interpretation of international biodiversity law and international human rights law, as well as opportunities to contribute to future research in areas such as international health law, international law on outer space, and international economic law. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.

An Equitable Framework for Humanitarian Intervention

Author : Ciarán Burke
Publisher :
ISBN 13 : 9781474200042
Total Pages : 398 pages
Book Rating : 4.2/5 ( download)

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Book Synopsis An Equitable Framework for Humanitarian Intervention by : Ciarán Burke

Download or read book An Equitable Framework for Humanitarian Intervention written by Ciarán Burke and published by . This book was released on 2013 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Human Security and Human Rights under International Law

Author : Dorothy Estrada-Tanck
Publisher : Bloomsbury Publishing
ISBN 13 : 1509902384
Total Pages : 460 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Human Security and Human Rights under International Law by : Dorothy Estrada-Tanck

Download or read book Human Security and Human Rights under International Law written by Dorothy Estrada-Tanck and published by Bloomsbury Publishing. This book was released on 2016-12-01 with total page 460 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human security provides one of the most important protections; a person-centred axis of freedom from fear, from want and to live with dignity. It is surprising given its centrality to the human experience, that its connection with human rights has not yet been explored in a truly systematic way. This important new book addresses that gap in the literature by analysing whether human security might provide the tools for an expansive and integrated interpretation of international human rights. The examination takes a two-part approach. Firstly, it evaluates convergences between human security and all human rights – civil, political, economic, social and cultural – and constructs an investigative framework focused on the human security-human rights synergy. It then goes on to explore its practical application in the thematic cores of violence against women and undocumented migrants in the law and case-law of UN, European, Inter-American and African human rights bodies. It takes both a legal and interdisciplinary approach, recognising that human security and its relationship with human rights cuts across disciplinary boundaries. Innovative and rigorous, this is an important contribution to human rights scholarship.

The Power of Legality

Author : Nikolas M. Rajkovic
Publisher : Cambridge University Press
ISBN 13 : 1316684121
Total Pages : 407 pages
Book Rating : 4.3/5 (166 download)

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Book Synopsis The Power of Legality by : Nikolas M. Rajkovic

Download or read book The Power of Legality written by Nikolas M. Rajkovic and published by Cambridge University Press. This book was released on 2016-07-28 with total page 407 pages. Available in PDF, EPUB and Kindle. Book excerpt: From an airstrip in Saudi Arabia, the CIA launches drones to 'legally' kill Al-Qaida leaders in Yemen. On the North Pole, Russia plants a flag on the seabed to extend legal claim over resources. In Brussels, the European Commission unveils its Emissions Trading System, extending environmental jurisdiction globally over foreign airlines. And at Frankfurt Airport, a father returning from holiday is detained because his name appears on a security list. Today, legality commands substantial currency in world affairs, yet growing reference to international legality has not marked the end of strategic struggles in global affairs. Rather, it has shifted the field and manner of play for a plurality of actors who now use, influence and contest the way that law's rule is applied to address global problems. Drawing on a range of case studies, this volume explores the various meanings and implications of legality across scholarly, institutional and policy settings.

Core Commitments for Children in Humanitarian Action

Author :
Publisher : UNICEF
ISBN 13 : 9280645129
Total Pages : 60 pages
Book Rating : 4.2/5 (86 download)

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Book Synopsis Core Commitments for Children in Humanitarian Action by :

Download or read book Core Commitments for Children in Humanitarian Action written by and published by UNICEF. This book was released on 2010-05 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Responsibility to Protect (R2P)

Author : Peter Hilpold
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004230009
Total Pages : 453 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Responsibility to Protect (R2P) by : Peter Hilpold

Download or read book The Responsibility to Protect (R2P) written by Peter Hilpold and published by Martinus Nijhoff Publishers. This book was released on 2014-11-06 with total page 453 pages. Available in PDF, EPUB and Kindle. Book excerpt: After having been introduced by the Report of the International Commission on Intervention and State Sovereignty (ICISS) in 2001 and after its affirmation by the UN World Summit in 2005 the concept of R2P has found broad approval both by international law doctrine and practice. It is fair to say that international law thinking has been profoundly influenced by this new approach. Nonetheless, many questions in this regard are still open. In this volume international lawyers discuss a series of fundamental aspect of R2P: the historical dimension, the relationship between R2P and general international law and the dynamics surrounding this concept. In particular it will be examined in which direction this concept will probably evolve. Contributors are: Alex Bellamy, Enzo Cannizzaro, Martina Caroni, Thomas Cottier, Hans-Georg Dederer, Fernand de Varennes, Oliver Diggelmann, Caro Focarelli, Andrea Gattini, Hans-Joachim Heintze, Peter Hilpold, Karolina Januszewski, Stefan Kadelbach, Federico Lenzerini, Manfred Nowak, Karin Oellers-Frahm, Nadakavukren Scheffer, Peter-Tobias Stoll, and Lotta Viikari