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Author : Peter Malanczuk
Publisher : Het Spinhuis
ISBN 13 : 9789073052567
Total Pages : 84 pages
Book Rating : 4.0/5 (525 download)
Download or read book Humanitarian Intervention and the Legitimacy of the Use of Force written by Peter Malanczuk and published by Het Spinhuis. This book was released on 1993 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Allen Buchanan
Publisher : Oxford University Press
ISBN 13 : 0195389654
Total Pages : 341 pages
Book Rating : 4.1/5 (953 download)
Download or read book Human Rights, Legitimacy, and the Use of Force written by Allen Buchanan and published by Oxford University Press. This book was released on 2010-01-13 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume collects Allen Buchanan's previously published articles with a focus on ethics and international law, specifically with regard to human rights, the legitimacy of international institutions, and the ethics of force across borders. The work fits together tightly in its systematic interconnections, and collectively it makes the case for a holistic and systematic approach to issues that are at the forefront of current discussions in political and legal philosophy--issues that have traditionally been seen as separate.
Author : Allen Buchanan
Publisher : Oxford University Press
ISBN 13 : 9780199741663
Total Pages : 352 pages
Book Rating : 4.7/5 (416 download)
Download or read book Human Rights, Legitimacy, and the Use of Force written by Allen Buchanan and published by Oxford University Press. This book was released on 2010-01-13 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The thirteen essays by Allen Buchanan collected here are arranged in such a way as to make evident their thematic interconnections: the important and hitherto unappreciated relationships among the nature and grounding of human rights, the legitimacy of international institutions, and the justification for using military force across borders. Each of these three topics has spawned a significant literature, but unfortunately has been treated in isolation. In this volume Buchanan makes the case for a holistic, systematic approach, and in so doing constitutes a major contribution at the intersection of International Political Philosophy and International Legal Theory. A major theme of Buchanan's book is the need to combine the philosopher's normative analysis with the political scientist's focus on institutions. Instead of thinking first about norms and then about institutions, if at all, only as mechanisms for implementing norms, it is necessary to consider alternative "packages" consisting of norms and institutions. Whether a particular norm is acceptable can depend upon the institutional context in which it is supposed to be instantiated, and whether a particular institutional arrangement is acceptable can depend on whether it realizes norms of legitimacy or of justice, or at least has a tendency to foster the conditions under which such norms can be realized. In order to evaluate institutions it is necessary not only to consider how well they implement norms that are now considered valid but also their capacity for fostering the epistemic conditions under which norms can be contested, revised, and improved.
Author : Philip Alston
Publisher : Oxford University Press, USA
ISBN 13 : 9780199552726
Total Pages : 0 pages
Book Rating : 4.5/5 (527 download)
Download or read book Human Rights, Intervention and the Use of Force written by Philip Alston and published by Oxford University Press, USA. This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The imperatives of sovereignty, human rights and national security very often pull in different directions, yet the relations between these three different notions are considerably more subtle than those of simple opposition. Rather, their interaction may at times be contradictory, at others tense, and at others even complementary. This collection presents an analysis of the irreducible dilemmas posed by the foundational challenges of sovereignty, human rights and security, not merely in terms of the formal doctrine of their disciplines, but also of the manner in which they can be configured in order to achieve persuasive legitimacy as to both methods and results. The chapters in this volume represent an attempt to face up to these dilemmas in all of their complexity, and to suggest ways in which they can be confronted productively both in the abstract and in the concrete circumstances of particular cases.
Author : Allen Buchanan
Publisher : Oxford University Press
ISBN 13 : 0199325405
Total Pages : 208 pages
Book Rating : 4.1/5 (993 download)
Download or read book The Heart of Human Rights written by Allen Buchanan and published by Oxford University Press. This book was released on 2013-10-23 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first attempt to provide an in-depth moral assessment of the heart of the modern human rights enterprise: the system of international legal human rights. It is international human rights law--not any philosophical theory of moral human rights or any "folk" conception of moral human rights--that serves as the lingua franca of modern human rights practice. Yet contemporary philosophers have had little to say about international legal human rights. They have tended to assume, rather than to argue, that international legal human rights, if morally justified, must mirror or at least help realize moral human rights. But this assumption is mistaken. International legal human rights, like many other legal rights, can be justified by several different types of moral considerations, of which the need to realize a corresponding moral right is only one. Further, this volume shows that some of the most important international legal human rights cannot be adequately justified by appeal to corresponding moral human rights. The problem is that the content of these international legal human rights--the full set of correlative duties--is much broader than can be justified by appealing to the morally important interests of any individual. In addition, it is necessary to examine the legitimacy of the institutions that create, interpret, and implement international human rights law and to defend the claim that international human rights law should "trump" the domestic law of even the most admirable constitutional democracies.
Author : Brendan Howe
Publisher : BRILL
ISBN 13 : 9004249052
Total Pages : 306 pages
Book Rating : 4.0/5 (42 download)
Download or read book The Legality and Legitimacy of the Use of Force in Northeast Asia written by Brendan Howe and published by BRILL. This book was released on 2013-06-06 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: In The Legality and Legitimacy of the Use of Force in Northeast Asia, Brendan Howe and Boris Kondoch bring together distinguished authors with extensive Northeast Asian backgrounds to offer a diverse and comprehensive evaluation of when it is right, from regional perspectives, to use force in international relations. The use of force in international relations has been severely curtailed by pragmatic considerations of international order, and further constrained by positive international law. In Northeast Asia, the prohibition of aggression has remained uncontested. Strict adherence to non-intervention in Northeast Asia has, however, increasingly come under attack from internal and external normative communities. The contributors, therefore, use regional legal, normative, cultural, and historical insights to shed light on the contemporary positions of Northeast Asian political communities with regard to the use of force.
Author : George P. Fletcher
Publisher : Oxford University Press
ISBN 13 : 0198040350
Total Pages : 286 pages
Book Rating : 4.1/5 (98 download)
Download or read book Defending Humanity written by George P. Fletcher and published by Oxford University Press. This book was released on 2013-02-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Defending Humanity, internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to the difficult dilemma of declaring such interventions illegal or ignoring the UN Charter altogether. Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the UN Charter was originally based, in particular, the concept of "legitimate defense," which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves against an imminent attack but also to defend other national groups.
Author : Christine Chinkin
Publisher : Cambridge University Press
ISBN 13 : 1107171210
Total Pages : 611 pages
Book Rating : 4.1/5 (71 download)
Download or read book International Law and New Wars written by Christine Chinkin and published by Cambridge University Press. This book was released on 2017-04-27 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.
Author : Richard Falk
Publisher : Oxford University Press
ISBN 13 : 0199781575
Total Pages : 468 pages
Book Rating : 4.1/5 (997 download)
Download or read book Legality and Legitimacy in Global Affairs written by Richard Falk and published by Oxford University Press. This book was released on 2012-04-19 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Legality and legitimacy in global affairs edited by Richard Falk, Mark Juergensmeyer, and Vesselin Popovski, brings together analyses of controversial events in international politics from top experts in field ; combines approaches to involvement between nations from across the social science disciplines ; approaches contemporary international relations from a philosophical, ethical, and legal standpoint" --
Author : Andrew Clapham
Publisher : Oxford University Press, USA
ISBN 13 : 0198706162
Total Pages : 217 pages
Book Rating : 4.1/5 (987 download)
Download or read book Human Rights written by Andrew Clapham and published by Oxford University Press, USA. This book was released on 2015 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on highly topical issues such as torture, arbitrary detention, privacy, and discrimination, this book will help readers to understand for themselves the controversies and complexities behind human rights.
Author : Chiara Redaelli
Publisher : Bloomsbury Publishing
ISBN 13 : 1509940553
Total Pages : 340 pages
Book Rating : 4.5/5 (99 download)
Download or read book Intervention in Civil Wars written by Chiara Redaelli and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Author : Adam Crawford
Publisher : Routledge
ISBN 13 : 0415671558
Total Pages : 231 pages
Book Rating : 4.4/5 (156 download)
Download or read book Legitimacy and Compliance in Criminal Justice written by Adam Crawford and published by Routledge. This book was released on 2013 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to explore a number of connected themes relating to compliance, legitimacy and trust in different areas of criminal justice and socio-legal regulation.
Author : Rüdiger Wolfrum
Publisher : Springer Science & Business Media
ISBN 13 : 3540777644
Total Pages : 422 pages
Book Rating : 4.5/5 (47 download)
Download or read book Legitimacy in International Law written by Rüdiger Wolfrum and published by Springer Science & Business Media. This book was released on 2008-02-26 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.
Author : Lukas H. Meyer
Publisher : Cambridge University Press
ISBN 13 : 0521199492
Total Pages : 333 pages
Book Rating : 4.5/5 (211 download)
Download or read book Legitimacy, Justice and Public International Law written by Lukas H. Meyer and published by Cambridge University Press. This book was released on 2009-11-12 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Most chapters in this volume were first presented at a symposium held at the University of Bern in December 2006"--Page ix.
Author : Leena Grover
Publisher : Cambridge University Press
ISBN 13 : 1107006546
Total Pages : 491 pages
Book Rating : 4.1/5 (7 download)
Download or read book UN Human Rights Treaty Bodies written by Leena Grover and published by Cambridge University Press. This book was released on 2012-04-16 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: An analysis of the UN human rights treaty bodies, their methods of interpretation, their effectiveness and issues of legitimacy.
Author : National Research Council
Publisher : National Academies Press
ISBN 13 : 0309084334
Total Pages : 431 pages
Book Rating : 4.3/5 (9 download)
Download or read book Fairness and Effectiveness in Policing written by National Research Council and published by National Academies Press. This book was released on 2004-04-06 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Because police are the most visible face of government power for most citizens, they are expected to deal effectively with crime and disorder and to be impartial. Producing justice through the fair, and restrained use of their authority. The standards by which the public judges police success have become more exacting and challenging. Fairness and Effectiveness in Policing explores police work in the new century. It replaces myths with research findings and provides recommendations for updated policy and practices to guide it. The book provides answers to the most basic questions: What do police do? It reviews how police work is organized, explores the expanding responsibilities of police, examines the increasing diversity among police employees, and discusses the complex interactions between officers and citizens. It also addresses such topics as community policing, use of force, racial profiling, and evaluates the success of common police techniques, such as focusing on crime "hot spots." It goes on to look at the issue of legitimacyâ€"how the public gets information about police work, and how police are viewed by different groups, and how police can gain community trust. Fairness and Effectiveness in Policing will be important to anyone concerned about police work: policy makers, administrators, educators, police supervisors and officers, journalists, and interested citizens.
Author : Jutta Brunnée
Publisher : Cambridge University Press
ISBN 13 : 1139491474
Total Pages : pages
Book Rating : 4.1/5 (394 download)
Download or read book Legitimacy and Legality in International Law written by Jutta Brunnée and published by Cambridge University Press. This book was released on 2010-08-05 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.
