Just War or Just Peace?
Humanitarian Intervention and International Law
By (author) Simon Chesterman
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Just War or Just Peace? by Simon Chesterman
Book DescriptionThe question of the legality of humanitarian intervention is, at first blush, a simple one. The Charter of the United Nations clearly prohibits the use of force, with the only exceptions being self-defence and enforcement actions authorized by the Security Council. There are, however, long-standing arguments that a right of unilateral intervention pre-existed the Charter. This book, winner of an ASIL Certificate of Merit 2002, begins with an examination of the genealogy of that right, and argues that it might have survived the passage of the Charter, either through a loophole in Article 2(4) or as part of customary international law. It has also been argued that certain 'illegitimate' regimes lose the attributes of sovereignty and thereby the protection given by the prohibition of the use of force. None of these arguments is found to have merit, either in principle or in the practice of states. A common justification for a right of unilateral humanitarian intervention concerns the failure of the collective security mechanism created after the Second World War. Chapters 4 and 5, therefore, examine Security Council activism in the 1990s, notable for the plasticity of the circumstances in which the Council was prepared to assert its primary responsibility for international peace and security, and the contingency of its actions on the willingness of states to carry them out. This reduction of the Council's role from a substantive one to a formal one partly explains the recourse to unilateralism in that decade, most spectacularly in relation to the situation in Kosovo. Crucially, the book argues that such unilateral enforcement is not a substitute for but the opposite of collective action. Though often presented as the only alternative to inaction, incorporating a 'right' of intervention would lead to more such interventions being undertaken in bad faith, it would be incoherent as a principle, and it would be inimical to the emergence of an international rule of law.
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Book DetailsISBN: 9780199243372
(242mm x 163mm x 22mm)
Imprint: Oxford University Press
Publisher: Oxford University Press
Publish Date: 25-Jan-2001
Country of Publication: United Kingdom
Books By Author Simon Chesterman
Finding Arcadia, Paperback (February 2017)
A witty blend of old school sleuthing, mysterious circumstances, super-powers and modern technology, all set in 21st century England. Fast paced, smartly written and well-observed situations make Simon Chesterman a new promising voice for contemporary young adult fiction.
Raising Arcadia, Paperback (September 2016)
Arcadia Greentree knows she isn't exactly normal. But then she discovers she isn't Arcadia Greentree after all... The first of a trilogy for young adults. Fast paced, smartly written and well-observed situations make Simon Chesterman a new promising voice for contemporary young adult fiction!
Law and Practice of the United Nations, Paperback (April 2016)
Law and Practice of the United Nations: Documents and Commentary combines primary materials with expert commentary, demonstrating the interaction between law and practice in the UN organization, as well as the possibilities and limitations of multilateral institutions in general.
From Community to Compliance?, Paperback (April 2015)» View all books by Simon Chesterman
Charts the efforts to move ASEAN from a periodic meeting of foreign ministers to becoming a serious international organisation.
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Author Biography - Simon Chesterman
Simon Chesterman is a Senior Associate at the International Peace Academy in New York
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