The Responsibility To Protect In International Law

Author : Susan Breau
Publisher : Routledge
ISBN 13 : 1317569598
Total Pages : 350 pages
Book Rating : 4.96/5 ( download)

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Download or read book The Responsibility to Protect in International Law written by Susan Breau and published by Routledge. This book was released on 2016-03-02 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book will consider a rapidly emerging guiding general principle in international relations and, arguably, in international law: the Responsibility to Protect. This principle is a solution proposed to a key preoccupation in both international relations and international law scholarship: how the international community is to respond to mass atrocities within sovereign States. There are three facets to this responsibility; the responsibility to prevent; the responsibility to react, and the responsibility to rebuild. This doctrine will be analysed in light of the parallel development of customary and treaty international legal obligations imposing responsibilities on sovereign states to the international community in key international law fields such as international human rights law, international criminal law and international environmental law. These new developments demand academic study and this book fills this lacuna by rigorously considering all of these developments as part of a trend towards assumption of international responsibility. This must include the responsibility on the part of all states to respond to threats of genocide, crimes against humanity, ethnic cleansings and large-scale war crimes. The discussion surrounding aggravated state responsibility is also explored, with the author concluding that this emerging norm within international law is closely related to the responsibility to protect in its imposition of an international responsibility to act in response to an international wrong. This book will be of great interest to scholars on international law, the law of armed conflict, security studies and IR in general.

Author : International Commission on Intervention and State Sovereignty
Publisher : IDRC
ISBN 13 : 9780889369634
Total Pages : 432 pages
Book Rating : 4.31/5 ( download)

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Download or read book The Responsibility to Protect written by International Commission on Intervention and State Sovereignty and published by IDRC. This book was released on 2001 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty

Author : Peter Hilpold
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004230009
Total Pages : 453 pages
Book Rating : 4.02/5 ( download)

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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

Author : NATALIE. OMAN
Publisher : Routledge
ISBN 13 : 9781032083247
Total Pages : 196 pages
Book Rating : 4.47/5 ( download)

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Download or read book The Responsibility to Protect in International Law written by NATALIE. OMAN and published by Routledge. This book was released on 2021-06-30 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tracks the development of the emerging international legal principle of a responsibility to protect over the past two decades. It contrasts the influential version of the principle introduced by the International Commission on Intervention and State Sovereignty in 2001 with subsequent interpretations of the responsibility to protect advocated by the United Nations through its human protection agenda, and reviews the dangers and inconsistencies inherent in both perspectives. The author demonstrates that the evolving responsibility to protect principle can be recruited to support a wide range of irreconcilable projects, from those of cosmopolitan constitutionalism to those of hegemonic international law. However, despite the dangers posed by this susceptibility to conceptual hijacking, Oman argues that the responsibility to protect, like human rights, is an essential a modern emancipatory formation. To remedy this dangerous malleability, the author advocates a third, distinctive interpretation of the responsibility to protect designed to limit its cooptation by liberal anti-pluralist and hegemonic international law agendas. Oman outlines the key features of such a minimalist conception, and explores its fit with the "RtoP" version of the responsibility to protect promoted in recent years by the UN. The author argues that two crucial features missing from the UN reading of the principle should be developed in future: an acknowledgement of the role of non-state actors as bearers of the responsibility to protect, and a recognition of the principle's legal character. Both of these aspects of the principle offer means to democratize the international law-making enterprise.

Author : Julia Hoffmann
Publisher : Amsterdam University Press
ISBN 13 : 9085550556
Total Pages : 385 pages
Book Rating : 4.56/5 ( download)

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Download or read book Responsibility to Protect written by Julia Hoffmann and published by Amsterdam University Press. This book was released on 2012 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: De tragische gebeurtenissen in Rwanda, Srebrenica en Kosovo hebben geleid0tot een herbezinning over de rol en verantwoordelijkheid van de internationale gemeenschap. In het beginsel Responsibility to Protect (R2P), dat in 2005 door de wereldleiders werd omarmd, hebben individuele staten nog steeds de primaire verantwoordelijkheid voor de bescherming van hun inwoners. Maar als ze die verantwoordelijkheid niet kunnen of willen nemen, komt de verantwoordelijkheid bij de internationale gemeenschap te liggen. R2P heeft de ambitie om herhaling van Rwanda, Srebrenica en Kosovo te voorkomen, maar er bestaat nog grote onduidelijkheid over inhoud en potentieel van dit beginsel. Deze bundel verkent R2P als moreel, politiek en juridisch beginsel en onderzoekt hoe de Verenigde Naties, de Europese Unie, individuele staten en NGO's R2P kunnen gebruiken om ernstige mensenrechtenschendingen te voorkomen.

Author : Richard Barnes
Publisher : International Law
ISBN 13 : 9781780682648
Total Pages : 0 pages
Book Rating : 4.46/5 ( download)

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Download or read book Beyond Responsibility to Protect written by Richard Barnes and published by International Law. This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the extent to which Responsibility to Protect shifts our understanding of both the potential and practice of international law.

Author : Yasmine Nahlawi
Publisher : Routledge
ISBN 13 : 0429865708
Total Pages : 156 pages
Book Rating : 4.01/5 ( download)

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Download or read book The Responsibility to Protect in Libya and Syria written by Yasmine Nahlawi and published by Routledge. This book was released on 2019-11-14 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a novel and contemporary examination of the ‘responsibility to protect’ (R2P) doctrine from an international legal perspective and analyses how the doctrine was applied within the Libyan and Syrian conflicts as two recent and highly significant R2P cases. The book dissects each of R2P’s three component pillars to examine their international legal underpinnings, drawing upon diverse legal frameworks – including the laws of the UN, laws of international organisations, human rights law, humanitarian law, criminal law, environmental law, and laws of State responsibility – to extract conclusions regarding existing and emerging host and third-State obligations to prevent and react to mass atrocity crimes. It uses this legal grounding to critically examine specific aspects of the Libyan and Syrian R2P cases, engaging with some of the more traditional debates surrounding R2P’s application, most notably those that pertain to the use of force (or lack thereof), but also exploring some of the less-researched non-military methods that were or could have been employed by States and international organisations to uphold the doctrine. Such an analysis captures the diversity in the means and actors through which R2P can be implemented and allows for the extraction of more nuanced conclusions regarding the doctrine’s strengths and limitations, gaps in enforceability, levels of State support, and future trajectory. The book will be of interest to scholars and students in the field of international law and human rights law.

Author : Anne Orford
Publisher : Cambridge University Press
ISBN 13 : 1139494244
Total Pages : 247 pages
Book Rating : 4.43/5 ( download)

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Download or read book International Authority and the Responsibility to Protect written by Anne Orford and published by Cambridge University Press. This book was released on 2011-01-20 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea that states and the international community have a responsibility to protect populations at risk has framed internationalist debates about conflict prevention, humanitarian aid, peacekeeping and territorial administration since 2001. This book situates the responsibility to protect concept in a broad historical and jurisprudential context, demonstrating that the appeal to protection as the basis for de facto authority has emerged at times of civil war or revolution - the Protestant revolutions of early modern Europe, the bourgeois and communist revolutions of the following centuries and the revolution that is decolonisation. This analysis, from Hobbes to the UN, of the resulting attempts to ground authority on the capacity to guarantee security and protection is essential reading for all those seeking to understand, engage with, limit or critique the expansive practices of international executive action authorised by the responsibility to protect concept.

Author : Alex J. Bellamy
Publisher : Oxford University Press
ISBN 13 : 0198753845
Total Pages : 1169 pages
Book Rating : 4.41/5 ( download)

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Download or read book The Oxford Handbook of the Responsibility to Protect written by Alex J. Bellamy and published by Oxford University Press. This book was released on 2016 with total page 1169 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Responsibility to Protect (R2P) is intended to provide an effective framework for responding to crimes of genocide, ethnic cleansing, war crimes, and crimes against humanity. It is a response to the many conscious-shocking cases where atrocities - on the worst scale - have occurred even during the post 1945 period when the United Nations was built to save us all from the scourge of genocide. The R2P concept accords to sovereign states and international institutions a responsibility to assist peoples who are at risk - or experiencing - the worst atrocities. R2P maintains that collective action should be taken by members of the United Nations to prevent or halt such gross violations of basic human rights. This Handbook, containing contributions from leading theorists, and practitioners (including former foreign ministers and special advisors), examines the progress that has been made in the last 10 years; it also looks forward to likely developments in the next decade.

Author : Heather Roff
Publisher : Routledge
ISBN 13 : 1135105375
Total Pages : 214 pages
Book Rating : 4.72/5 ( download)

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Download or read book Global Justice, Kant and the Responsibility to Protect written by Heather Roff and published by Routledge. This book was released on 2013-06-26 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an innovative contribution to the study of the Responsibility to Protect and Kantian political theory. The Responsibility to Protect (R2P) doctrine has been heralded as the new international security norm to ensure the protection of peoples against genocide, ethnic cleansing, war crimes and crimes against humanity. Yet, for all of the discussion, endorsements and reaffirmations of this new norm, R2P continues to come under fire for its failures, particularly, and most recently, in the case of Syria. This book argues that a duty to protect is best considered a Kantian provisional duty of justice. The international system ought to be considered a state of nature, where legal institutions are either weak or absent, and so duties of justice in such a condition cannot be considered peremptory. This book suggests that by understanding the duty’s provisional status, we understand the necessity of creating the requisite executive, legislative and judicial authorities. Furthermore, the book provides three innovative contributions to the literature, study and practice of R2P and Kantian political theory: it provides detailed theoretical analysis of R2P; it addresses the research gap that exists with Kant’s account of justice in states of nature; and it presents a more comprehensive understanding of the metaphysics of justice as well as R2P. This book will be of much interest to students of the Responsibility to Protect, humanitarian intervention, global ethics, international law, security studies and international relations (IR) in general.