Jennifer M. Welsh (ed.)
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.001.0001
- Subject:
- Political Science, International Relations and Politics
The issue of humanitarian intervention has generated one of the most heated debates in international relations over the past decade, for both theorists and practitioners. At its heart is the alleged ...
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The issue of humanitarian intervention has generated one of the most heated debates in international relations over the past decade, for both theorists and practitioners. At its heart is the alleged tension between the principle of state sovereignty, and the evolving norms related to individual human rights. This edited collection examines the challenges to international society posed by humanitarian intervention in a post-September 11th world. It brings scholars of law, philosophy, and international relations together with those who have actively engaged in cases of intervention, in order to examine the legitimacy and consequences of the use of military force for humanitarian purposes. The book demonstrates why humanitarian intervention continues to be a controversial question not only for the United Nations but also for Western states and humanitarian organisations.Less
The issue of humanitarian intervention has generated one of the most heated debates in international relations over the past decade, for both theorists and practitioners. At its heart is the alleged tension between the principle of state sovereignty, and the evolving norms related to individual human rights. This edited collection examines the challenges to international society posed by humanitarian intervention in a post-September 11th world. It brings scholars of law, philosophy, and international relations together with those who have actively engaged in cases of intervention, in order to examine the legitimacy and consequences of the use of military force for humanitarian purposes. The book demonstrates why humanitarian intervention continues to be a controversial question not only for the United Nations but also for Western states and humanitarian organisations.
Jennifer M. Welsh
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.003.0001
- Subject:
- Political Science, International Relations and Politics
Three main themes emerge from this edited collection. First, there has been an increased incidence of intervention for humanitarian purposes since the end of the Cold War. In these cases, the alleged ...
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Three main themes emerge from this edited collection. First, there has been an increased incidence of intervention for humanitarian purposes since the end of the Cold War. In these cases, the alleged conflict between sovereignty and human rights has been addressed in one of two ways: through an evolution in the notion of sovereignty, from ‘sovereignty as authority’ to ‘sovereignty as responsibility’; and through an expanded definition of what constitutes a threat to international peace and security under Chapter VII of the UN Charter. Second, despite this new climate of permissiveness, humanitarian intervention remains a controversial norm in international relations – largely because of continued opposition from certain members of international society, and concerns about its potentially negative consequences. Third, while the post Cold War period has seen some successful cases of intervention to address humanitarian catastrophes, the current capability of international organizations to undertake humanitarian interventions remains limited. Indeed, as the book demonstrates, the issue of humanitarian intervention has the potential to divide international institutions such as the UN and damage their credibility.Less
Three main themes emerge from this edited collection. First, there has been an increased incidence of intervention for humanitarian purposes since the end of the Cold War. In these cases, the alleged conflict between sovereignty and human rights has been addressed in one of two ways: through an evolution in the notion of sovereignty, from ‘sovereignty as authority’ to ‘sovereignty as responsibility’; and through an expanded definition of what constitutes a threat to international peace and security under Chapter VII of the UN Charter. Second, despite this new climate of permissiveness, humanitarian intervention remains a controversial norm in international relations – largely because of continued opposition from certain members of international society, and concerns about its potentially negative consequences. Third, while the post Cold War period has seen some successful cases of intervention to address humanitarian catastrophes, the current capability of international organizations to undertake humanitarian interventions remains limited. Indeed, as the book demonstrates, the issue of humanitarian intervention has the potential to divide international institutions such as the UN and damage their credibility.
Nicholas J. Wheeler
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.003.0003
- Subject:
- Political Science, International Relations and Politics
Argues that we are witnessing the development of a new norm of military intervention for humanitarian purposes in contemporary international society. Since the end of the Cold War, the United Nations ...
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Argues that we are witnessing the development of a new norm of military intervention for humanitarian purposes in contemporary international society. Since the end of the Cold War, the United Nations Security Council has been more active in the realm of intervention, extending its Chapter VII powers into matters that had previously belonged to the domestic jurisdiction of states. Without the material power of Western states, this activism would not have been possible. However, a purely materialist explanation for this development fails to consider the changed normative context within Western states that permitted, and in some cases encouraged, intervention. While normative evolution has occurred, it is also limited in its scope, specifically over the question of whether military intervention must have Security Council authorization.Less
Argues that we are witnessing the development of a new norm of military intervention for humanitarian purposes in contemporary international society. Since the end of the Cold War, the United Nations Security Council has been more active in the realm of intervention, extending its Chapter VII powers into matters that had previously belonged to the domestic jurisdiction of states. Without the material power of Western states, this activism would not have been possible. However, a purely materialist explanation for this development fails to consider the changed normative context within Western states that permitted, and in some cases encouraged, intervention. While normative evolution has occurred, it is also limited in its scope, specifically over the question of whether military intervention must have Security Council authorization.
Jennifer M. Welsh
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.003.0004
- Subject:
- Political Science, International Relations and Politics
Outlines and evaluates the political, legal, and ethical objections to humanitarian intervention. In so doing, it questions not only whether the doctrine of ‘sovereignty as responsibility’ has taken ...
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Outlines and evaluates the political, legal, and ethical objections to humanitarian intervention. In so doing, it questions not only whether the doctrine of ‘sovereignty as responsibility’ has taken hold in international society, but also whether it should – particularly in the form suggested by Western states. The author argues that the ethical position of pluralism – as articulated by non-Western states – represents the most compelling case against humanitarian intervention, by emphasizing the impact on international society of relaxing the norm of non-intervention. Despite these pluralist objections, military intervention in cases of supreme humanitarian emergency can be defended on moral grounds, provided the intervention meets certain tests of legitimacy. Given the unintended consequences of military action, the author also suggests that more attention should be paid to the non-military means of operationalizing ‘sovereignty as responsibility’.Less
Outlines and evaluates the political, legal, and ethical objections to humanitarian intervention. In so doing, it questions not only whether the doctrine of ‘sovereignty as responsibility’ has taken hold in international society, but also whether it should – particularly in the form suggested by Western states. The author argues that the ethical position of pluralism – as articulated by non-Western states – represents the most compelling case against humanitarian intervention, by emphasizing the impact on international society of relaxing the norm of non-intervention. Despite these pluralist objections, military intervention in cases of supreme humanitarian emergency can be defended on moral grounds, provided the intervention meets certain tests of legitimacy. Given the unintended consequences of military action, the author also suggests that more attention should be paid to the non-military means of operationalizing ‘sovereignty as responsibility’.
Sydney D. Bailey and Sam Daws
- Published in print:
- 1998
- Published Online:
- November 2003
- ISBN:
- 9780198280736
- eISBN:
- 9780191598746
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280734.001.0001
- Subject:
- Political Science, International Relations and Politics
The Procedure of the UN Security Council is the definitive book of its kind and has been widely used by UN practitioners and scholars for over twenty years. This new revised and ...
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The Procedure of the UN Security Council is the definitive book of its kind and has been widely used by UN practitioners and scholars for over twenty years. This new revised and thoroughly updated third edition encompasses the many changes in Council procedure that have occurred since the end of the Cold War, which ushered in new possibilities for international co‐operation, and increased recourse to the UN. The last decade has seen the Gulf War and a plethora of new and often complex peacekeeping operations, from Bosnia to Rwanda, and such increased demands and associated expectations have placed a spotlight on the role and functioning of the Security Council. Recent years have seen a greater recourse to informal consultations of Council members prior to Council meetings, and the search for consensual Council decision‐making has led to differences of opinion on both procedural and substantive matters being dealt with largely during such consultations. This has produced calls from non‐members for greater Council transparency. Other proposals, both from within and outside the UN, have advocated reforms to the Council's composition or working methods to ensure its continued effectiveness and legitimacy. The new edition attempts to reflect the many recent developments in the procedure of the Security Council, while still reflecting the considerable continuity that exists with the past. In particular, to illustrate and illuminate aspects of Council procedure, many examples have been used from the UN's early years, since this was the time when many of the original precedents were created. Some of the anecdotes that touch on the human side of Council diplomacy have also been retained. The new edition includes new information on the following: the Provisional Rules of Procedure; public and private meetings; consultations and briefings with non‐members and troop‐contributors, including transparency, Presidential briefings, and orientation debates; informal consultations and ‘Arria formula’ meetings; the appointment of the Secretary‐General of the UN; relationships with the UN General Assembly, the UN International Court of Justice, the UN Trusteeship Council, and the UN Military Staff Committee; subsidiary organs, including sanctions committees; the veto and Security Council membership; Chapter VII resolutions, UN peacekeeping and UN‐authorized enforcement; Council enlargement and de jure and de facto Charter amendments; changes in Council documentation; and ad hoc and regional groupings in the Council.Less
The Procedure of the UN Security Council is the definitive book of its kind and has been widely used by UN practitioners and scholars for over twenty years. This new revised and thoroughly updated third edition encompasses the many changes in Council procedure that have occurred since the end of the Cold War, which ushered in new possibilities for international co‐operation, and increased recourse to the UN. The last decade has seen the Gulf War and a plethora of new and often complex peacekeeping operations, from Bosnia to Rwanda, and such increased demands and associated expectations have placed a spotlight on the role and functioning of the Security Council. Recent years have seen a greater recourse to informal consultations of Council members prior to Council meetings, and the search for consensual Council decision‐making has led to differences of opinion on both procedural and substantive matters being dealt with largely during such consultations. This has produced calls from non‐members for greater Council transparency. Other proposals, both from within and outside the UN, have advocated reforms to the Council's composition or working methods to ensure its continued effectiveness and legitimacy. The new edition attempts to reflect the many recent developments in the procedure of the Security Council, while still reflecting the considerable continuity that exists with the past. In particular, to illustrate and illuminate aspects of Council procedure, many examples have been used from the UN's early years, since this was the time when many of the original precedents were created. Some of the anecdotes that touch on the human side of Council diplomacy have also been retained. The new edition includes new information on the following: the Provisional Rules of Procedure; public and private meetings; consultations and briefings with non‐members and troop‐contributors, including transparency, Presidential briefings, and orientation debates; informal consultations and ‘Arria formula’ meetings; the appointment of the Secretary‐General of the UN; relationships with the UN General Assembly, the UN International Court of Justice, the UN Trusteeship Council, and the UN Military Staff Committee; subsidiary organs, including sanctions committees; the veto and Security Council membership; Chapter VII resolutions, UN peacekeeping and UN‐authorized enforcement; Council enlargement and de jure and de facto Charter amendments; changes in Council documentation; and ad hoc and regional groupings in the Council.
Ray A. Moore and Donald L. Robinson
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780195151169
- eISBN:
- 9780199833917
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019515116X.003.0022
- Subject:
- Political Science, Democratization
On August 31, a “special committee,” consisting of 45 members of the House of Peers, began a series of secret meetings that would last until October 3. Attention focused again on the emperor's role ...
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On August 31, a “special committee,” consisting of 45 members of the House of Peers, began a series of secret meetings that would last until October 3. Attention focused again on the emperor's role (kokutai), popular sovereignty, and the proposed electoral review of judges. Peers also criticized the American‐sounding rhetoric of the preamble and the notion in Chapter X of the constitution as “supreme law.” Notable during these debates were exchanges between Takayanagi Kenzō and Sasaki Sōichi. In the end, after making a few minor amendments, the House of Peers added its approval of the revision.Less
On August 31, a “special committee,” consisting of 45 members of the House of Peers, began a series of secret meetings that would last until October 3. Attention focused again on the emperor's role (kokutai), popular sovereignty, and the proposed electoral review of judges. Peers also criticized the American‐sounding rhetoric of the preamble and the notion in Chapter X of the constitution as “supreme law.” Notable during these debates were exchanges between Takayanagi Kenzō and Sasaki Sōichi. In the end, after making a few minor amendments, the House of Peers added its approval of the revision.
Gary Herrigel
- Published in print:
- 2010
- Published Online:
- September 2010
- ISBN:
- 9780199557738
- eISBN:
- 9780191720871
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199557738.003.0004
- Subject:
- Business and Management, Political Economy
The chapter compares emergence of minimills in Germany, Japan and the US, along with the recomposition of the Integrated Steel Mill sector. Steel production as an industrial activity in each of the ...
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The chapter compares emergence of minimills in Germany, Japan and the US, along with the recomposition of the Integrated Steel Mill sector. Steel production as an industrial activity in each of the societies, especially in the United States, is radically reconceived, but continues to be successful in each country. Again, in contrast to the claims of Varieties of Capitalism, the American steel industry proves adept at both gradual and radical innovation, as do the German and Japanese industries.Less
The chapter compares emergence of minimills in Germany, Japan and the US, along with the recomposition of the Integrated Steel Mill sector. Steel production as an industrial activity in each of the societies, especially in the United States, is radically reconceived, but continues to be successful in each country. Again, in contrast to the claims of Varieties of Capitalism, the American steel industry proves adept at both gradual and radical innovation, as do the German and Japanese industries.
PATRICK NOLD
- Published in print:
- 2003
- Published Online:
- January 2010
- ISBN:
- 9780199268757
- eISBN:
- 9780191708510
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199268757.003.0008
- Subject:
- History, History of Religion
This chapter begins by examining the figure apparently caught in the middle of such conflict: the Franciscan Cardinal, Bertrand de la Tour. It focuses on investigating Pope John XXII's personal ...
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This chapter begins by examining the figure apparently caught in the middle of such conflict: the Franciscan Cardinal, Bertrand de la Tour. It focuses on investigating Pope John XXII's personal background. It assesses John's education and whether he had any theological training. It also presents evidence on the reaction of Pope John XXII to the Chapter General. It talks about how John continued his explanation of how the retention domini arrangement had harmed the Franciscans' state of perfection. It ends where the apostolic poverty controversy begins. It clarifies the idea that the Papacy, in the person of Pope John XXII, originally opposed the notion of papal infallibility cannot be substantiated by a thorough analysis of the evidence of the controversy over apostolic poverty.Less
This chapter begins by examining the figure apparently caught in the middle of such conflict: the Franciscan Cardinal, Bertrand de la Tour. It focuses on investigating Pope John XXII's personal background. It assesses John's education and whether he had any theological training. It also presents evidence on the reaction of Pope John XXII to the Chapter General. It talks about how John continued his explanation of how the retention domini arrangement had harmed the Franciscans' state of perfection. It ends where the apostolic poverty controversy begins. It clarifies the idea that the Papacy, in the person of Pope John XXII, originally opposed the notion of papal infallibility cannot be substantiated by a thorough analysis of the evidence of the controversy over apostolic poverty.
Mark Baldassare
- Published in print:
- 1998
- Published Online:
- March 2012
- ISBN:
- 9780520214859
- eISBN:
- 9780520921368
- Item type:
- book
- Publisher:
- University of California Press
- DOI:
- 10.1525/california/9780520214859.001.0001
- Subject:
- Sociology, Social Research and Statistics
When Orange County, California, filed for Chapter 9 protection on December 6, 1994, it became the largest municipality in United States history to declare bankruptcy. Providing a comprehensive ...
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When Orange County, California, filed for Chapter 9 protection on December 6, 1994, it became the largest municipality in United States history to declare bankruptcy. Providing a comprehensive analysis of this momentous fiscal crisis, the book uncovers the many twists and turns from the dark days in December 1994 to the financial recovery of June 1996. Utilizing a wealth of primary materials from the county government and Merrill Lynch, as well as interviews with key officials and players in this drama, it untangles the causes of this $1.64 billion fiasco. It identifies three factors critical to understanding the bankruptcy: one, the political fragmentation of the numerous local governments in the area; two, the fiscal conservatism underlying voters' feelings about their tax dollars; and three, the financial austerity in state government and in meeting rising state expenditures. The book finds that these forces help to explain how a county known for its affluence and conservative politics could have allowed its cities' school, water, transportation, and sanitation agencies to be held hostage to this failed investment pool. Meticulously examining the events that led up to the bankruptcy, the local officials' response to the fiscal emergency, and the road to fiscal recovery—as well as the local government reforms engendered by the crisis—this book is a dramatic and instructive economic morality tale. It underlines the dangers inherent in a freewheeling bull economy and the imperatives of local and state governments to protect fiscal assets. As this book shows, Orange County need not—and should not—happen again.Less
When Orange County, California, filed for Chapter 9 protection on December 6, 1994, it became the largest municipality in United States history to declare bankruptcy. Providing a comprehensive analysis of this momentous fiscal crisis, the book uncovers the many twists and turns from the dark days in December 1994 to the financial recovery of June 1996. Utilizing a wealth of primary materials from the county government and Merrill Lynch, as well as interviews with key officials and players in this drama, it untangles the causes of this $1.64 billion fiasco. It identifies three factors critical to understanding the bankruptcy: one, the political fragmentation of the numerous local governments in the area; two, the fiscal conservatism underlying voters' feelings about their tax dollars; and three, the financial austerity in state government and in meeting rising state expenditures. The book finds that these forces help to explain how a county known for its affluence and conservative politics could have allowed its cities' school, water, transportation, and sanitation agencies to be held hostage to this failed investment pool. Meticulously examining the events that led up to the bankruptcy, the local officials' response to the fiscal emergency, and the road to fiscal recovery—as well as the local government reforms engendered by the crisis—this book is a dramatic and instructive economic morality tale. It underlines the dangers inherent in a freewheeling bull economy and the imperatives of local and state governments to protect fiscal assets. As this book shows, Orange County need not—and should not—happen again.
Jennifer L. Devenport, Christopher D. Kimbrough, and Brian L. Cutler
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780195331974
- eISBN:
- 9780199868193
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195331974.003.003
- Subject:
- Psychology, Forensic Psychology
The legal system recognizes the potential for error in cases involving eyewitness identifications and has implemented numerous safeguards to protect defendants from wrongful conviction resulting from ...
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The legal system recognizes the potential for error in cases involving eyewitness identifications and has implemented numerous safeguards to protect defendants from wrongful conviction resulting from inaccurate eyewitness identifications. These safeguards include such legal procedures as the presence of counsel at post-indictment lineups, motions to suppress identifications, voir dire, cross-examination, and judicial instructions. This chapter discusses the assumptions underlying these safeguards and reviews the research examining the effectiveness of these safeguards.Less
The legal system recognizes the potential for error in cases involving eyewitness identifications and has implemented numerous safeguards to protect defendants from wrongful conviction resulting from inaccurate eyewitness identifications. These safeguards include such legal procedures as the presence of counsel at post-indictment lineups, motions to suppress identifications, voir dire, cross-examination, and judicial instructions. This chapter discusses the assumptions underlying these safeguards and reviews the research examining the effectiveness of these safeguards.
Charles R. Ortloff
- Published in print:
- 2009
- Published Online:
- November 2020
- ISBN:
- 9780199239092
- eISBN:
- 9780191917493
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780199239092.003.0003
- Subject:
- Archaeology, Environmental Archaeology
The purpose of this book is six-fold: . to introduce the technical advances and historical development of selected irrigation-based, hydraulic societies of the pre-Columbian New World (Peru, ...
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The purpose of this book is six-fold: . to introduce the technical advances and historical development of selected irrigation-based, hydraulic societies of the pre-Columbian New World (Peru, Bolivia, and Guatemala) and describe their contributions to the history of the hydraulic sciences; to record the final testament from sites now destroyed by modern development or natural erosion processes that contain information on technology achievements . to address open questions in the archaeological literature regarding hydraulic and hydrological issues for Old World, New World, and South-East Asian societies with new information and research results from computational fluid dynamics (CFD) computer modelling studies; to present findings relevant to hydraulic sciences from sites not previously reported in the literature . to introduce new findings from analysis of selected water systems of the ancient Old World and South-East Asia (specifically Petra, Ephesos, Priene, Aspendos, Caesarea, Angkor Wat, and Bali) related to innovations in hydraulics technology . to present mathematical models and examples of the working dynamics of New World hydraulic societies that show that their underlying actions are based on logical economic and engineering principles that maximize food resources commensurate with population growth and climatic challenges . to show that ancient New World societies installed and managed urban and agricultural water systems based on sound engineering principles that took into account climate variations (floods and droughts) and developed defensive hydraulic strategies to combat their negative effects . to provide insight into the thought processes of the technocrats of ancient societies responsible for agricultural development and use of land and water resources through application of engineering principles (as they understood them); to discuss facets of their administrative structure and political economy, and show that technical innovation altered the historical development of societies through increased economic advantages. One path in the development of history of technology originates from discovery processes that utilize archival historical and archaeological resources. From these sources, early scientific and engineering principles that form the technology foundation of modern societies are uncovered, analysed, and categorized and then shown to be early steps to later useful, modern inventions. An alternative, but less deterministic, path originates from the viewpoint that while some engineering developments may serve a society dealing with survival and economic development issues, they represent an empirical trial-and-error process with no real understanding of underlying scientific principles and thus hold only academic interest with minor relevance to the history of science.
Less
The purpose of this book is six-fold: . to introduce the technical advances and historical development of selected irrigation-based, hydraulic societies of the pre-Columbian New World (Peru, Bolivia, and Guatemala) and describe their contributions to the history of the hydraulic sciences; to record the final testament from sites now destroyed by modern development or natural erosion processes that contain information on technology achievements . to address open questions in the archaeological literature regarding hydraulic and hydrological issues for Old World, New World, and South-East Asian societies with new information and research results from computational fluid dynamics (CFD) computer modelling studies; to present findings relevant to hydraulic sciences from sites not previously reported in the literature . to introduce new findings from analysis of selected water systems of the ancient Old World and South-East Asia (specifically Petra, Ephesos, Priene, Aspendos, Caesarea, Angkor Wat, and Bali) related to innovations in hydraulics technology . to present mathematical models and examples of the working dynamics of New World hydraulic societies that show that their underlying actions are based on logical economic and engineering principles that maximize food resources commensurate with population growth and climatic challenges . to show that ancient New World societies installed and managed urban and agricultural water systems based on sound engineering principles that took into account climate variations (floods and droughts) and developed defensive hydraulic strategies to combat their negative effects . to provide insight into the thought processes of the technocrats of ancient societies responsible for agricultural development and use of land and water resources through application of engineering principles (as they understood them); to discuss facets of their administrative structure and political economy, and show that technical innovation altered the historical development of societies through increased economic advantages. One path in the development of history of technology originates from discovery processes that utilize archival historical and archaeological resources. From these sources, early scientific and engineering principles that form the technology foundation of modern societies are uncovered, analysed, and categorized and then shown to be early steps to later useful, modern inventions. An alternative, but less deterministic, path originates from the viewpoint that while some engineering developments may serve a society dealing with survival and economic development issues, they represent an empirical trial-and-error process with no real understanding of underlying scientific principles and thus hold only academic interest with minor relevance to the history of science.
Siobhán Wills
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199533879
- eISBN:
- 9780191714801
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199533879.003.0003
- Subject:
- Law, Human Rights and Immigration, Public International Law
This chapter explores the extent to which international human rights law requires peacekeepers to protect civilians from serious violations of the rights they protect. The jurisprudence of the ICJ ...
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This chapter explores the extent to which international human rights law requires peacekeepers to protect civilians from serious violations of the rights they protect. The jurisprudence of the ICJ and of regional human rights courts, the observations and comments of UN human rights committee bodies, and the statements of the ICRC all support the view that human rights law is applicable during armed conflict, and that jurisdiction may apply extra-territorially where a contracting party is in de facto control of an area and in certain recognized exceptions to the territorial principle of jurisdiction. Jurisdiction may also extend to situations where a State brings an individual under their control, typically by detaining them. However, the ECtHR has made it clear that forces deployed pursuant to a Chapter VII resolution are immune from its scrutiny. The chapter concludes with suggestions for minimizing differences in the degrees of accountability for human rights law violations between different contingents.Less
This chapter explores the extent to which international human rights law requires peacekeepers to protect civilians from serious violations of the rights they protect. The jurisprudence of the ICJ and of regional human rights courts, the observations and comments of UN human rights committee bodies, and the statements of the ICRC all support the view that human rights law is applicable during armed conflict, and that jurisdiction may apply extra-territorially where a contracting party is in de facto control of an area and in certain recognized exceptions to the territorial principle of jurisdiction. Jurisdiction may also extend to situations where a State brings an individual under their control, typically by detaining them. However, the ECtHR has made it clear that forces deployed pursuant to a Chapter VII resolution are immune from its scrutiny. The chapter concludes with suggestions for minimizing differences in the degrees of accountability for human rights law violations between different contingents.
Marc Weller
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199566167
- eISBN:
- 9780191705373
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199566167.003.0006
- Subject:
- Law, Public International Law
This chapter traces the gradual escalation of the Kosovo crisis in the aftermath of the Dayton accords. Fearing potential engagement of neighbouring Macedonia and/or Albania, the international ...
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This chapter traces the gradual escalation of the Kosovo crisis in the aftermath of the Dayton accords. Fearing potential engagement of neighbouring Macedonia and/or Albania, the international community sought to engage with the crisis in a number of ways: through a limited EU presence; pressure to restore the Long-term Mission in Kosovo; high-level diplomacy undertaken by the Contact Group; a joint US, Russian, and EU observer mission (KDOM); and, decisively, the adoption of UN Chapter VII resolutions threatening further sanctions and the possible use of force against Yugoslavia. The chapter then turns to international attempts to settle the conflict, initially through the multilateral shuttle diplomacy of the Hill negotiations and then through the parallel bilateral deal reached between Ambassador Richard Holbrooke and FRY President Slobodan Milosevic. However, Kosovo's exclusion from the latter and subsequent FRY/Serbian rejection of the Hill drafts was seen by the Kosovars as an attempt to undermine the internationalized Hill process, a perspective exacerbate by the FRY/Serbian renewed military offensive over Christmas.Less
This chapter traces the gradual escalation of the Kosovo crisis in the aftermath of the Dayton accords. Fearing potential engagement of neighbouring Macedonia and/or Albania, the international community sought to engage with the crisis in a number of ways: through a limited EU presence; pressure to restore the Long-term Mission in Kosovo; high-level diplomacy undertaken by the Contact Group; a joint US, Russian, and EU observer mission (KDOM); and, decisively, the adoption of UN Chapter VII resolutions threatening further sanctions and the possible use of force against Yugoslavia. The chapter then turns to international attempts to settle the conflict, initially through the multilateral shuttle diplomacy of the Hill negotiations and then through the parallel bilateral deal reached between Ambassador Richard Holbrooke and FRY President Slobodan Milosevic. However, Kosovo's exclusion from the latter and subsequent FRY/Serbian rejection of the Hill drafts was seen by the Kosovars as an attempt to undermine the internationalized Hill process, a perspective exacerbate by the FRY/Serbian renewed military offensive over Christmas.
Daniel H. Joyner
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199204908
- eISBN:
- 9780191709470
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199204908.003.0005
- Subject:
- Law, Public International Law
This chapter focuses on the International Court of Justice, the principal judicial organ of the United Nations in the area of non-proliferation law. It analyzes Security Council Resolution 1540 and ...
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This chapter focuses on the International Court of Justice, the principal judicial organ of the United Nations in the area of non-proliferation law. It analyzes Security Council Resolution 1540 and other potential ultra vires acts by the Council, and the role of the ICJ in providing a judicial check upon the Chapter VII powers of the Council in the area of non-proliferation law specifically. The Court's prior jurisprudence in the non-proliferation law area is also considered.Less
This chapter focuses on the International Court of Justice, the principal judicial organ of the United Nations in the area of non-proliferation law. It analyzes Security Council Resolution 1540 and other potential ultra vires acts by the Council, and the role of the ICJ in providing a judicial check upon the Chapter VII powers of the Council in the area of non-proliferation law specifically. The Court's prior jurisprudence in the non-proliferation law area is also considered.
Bernard Debarbieux, Gilles Rudaz, and Martin F. Price
- Published in print:
- 2015
- Published Online:
- May 2016
- ISBN:
- 9780226031118
- eISBN:
- 9780226031255
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226031255.003.0009
- Subject:
- Earth Sciences and Geography, Cultural and Historical Geography
Globalization is part of a contemporary trend toward adopting a planetary scale as a means of emancipation from a primarily national representation of issues. Chapter 8 focuses on how mountains came ...
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Globalization is part of a contemporary trend toward adopting a planetary scale as a means of emancipation from a primarily national representation of issues. Chapter 8 focuses on how mountains came to be identified as a global issue. The introduction of the mountain into organizations and international conferences has been a major innovation of the last twenty years. It was the result of a reconfiguration of stakeholders: the initiative fell to a heterogeneous group of individuals, organizations, and institutions that included scientists, national administrations, and various international organizations. It proceeded to recompose the levels of analysis and recommendation and called for a redefinition of the category of the mountain and of the objects that compose it. This global recognition of mountain which led to significant initiatives had to overcome the diversity of environmental, socioeconomic, and political situations of the various mountain ranges throughout the world. Therefore, the still-decisive weight of the actors at intermediate levels and the extreme diversity of mountain situations throughout the world require a multiscalar approach to each of the problems and a multi-level approach to the modalities for solving them.Less
Globalization is part of a contemporary trend toward adopting a planetary scale as a means of emancipation from a primarily national representation of issues. Chapter 8 focuses on how mountains came to be identified as a global issue. The introduction of the mountain into organizations and international conferences has been a major innovation of the last twenty years. It was the result of a reconfiguration of stakeholders: the initiative fell to a heterogeneous group of individuals, organizations, and institutions that included scientists, national administrations, and various international organizations. It proceeded to recompose the levels of analysis and recommendation and called for a redefinition of the category of the mountain and of the objects that compose it. This global recognition of mountain which led to significant initiatives had to overcome the diversity of environmental, socioeconomic, and political situations of the various mountain ranges throughout the world. Therefore, the still-decisive weight of the actors at intermediate levels and the extreme diversity of mountain situations throughout the world require a multiscalar approach to each of the problems and a multi-level approach to the modalities for solving them.
Paul J. du Plessis (ed.)
- Published in print:
- 2016
- Published Online:
- January 2018
- ISBN:
- 9781474408820
- eISBN:
- 9781474426763
- Item type:
- book
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9781474408820.001.0001
- Subject:
- Law, Legal History
Why did Roman prosecutors typically accuse the defendant of multiple crimina, when in most standing criminal courts the punishment imposed on a guilty defendant was the same (typically “capital,” ...
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Why did Roman prosecutors typically accuse the defendant of multiple crimina, when in most standing criminal courts the punishment imposed on a guilty defendant was the same (typically “capital,” that is, a kind of exile), no matter how many charges were proven? The answer lies not in a failure to distinguish between legal charges leveled at the defendant and defamation of his character, but rather in a rhetorical strategy that made sense in light of what was legally necessary to obtain a conviction. The greater the number of charges, the more likely the jurors would be persuaded that the defendant had in some way violated the statute according to which the trial was being conducted. It is true that prosecutors typically argued that the defendant’s prior conduct made it plausible that he had committed the crimes with which he was charged, but in a way that, as much as possible, made his guilt on these particular charges seem likely, and defense patroni attempted to undermine the charges and the character defamation. This answer to the apparent contradiction between multiple charges and unitary punishment favors a moderate formalism over legal realism as the way to interpret Roman criminal trials.Less
Why did Roman prosecutors typically accuse the defendant of multiple crimina, when in most standing criminal courts the punishment imposed on a guilty defendant was the same (typically “capital,” that is, a kind of exile), no matter how many charges were proven? The answer lies not in a failure to distinguish between legal charges leveled at the defendant and defamation of his character, but rather in a rhetorical strategy that made sense in light of what was legally necessary to obtain a conviction. The greater the number of charges, the more likely the jurors would be persuaded that the defendant had in some way violated the statute according to which the trial was being conducted. It is true that prosecutors typically argued that the defendant’s prior conduct made it plausible that he had committed the crimes with which he was charged, but in a way that, as much as possible, made his guilt on these particular charges seem likely, and defense patroni attempted to undermine the charges and the character defamation. This answer to the apparent contradiction between multiple charges and unitary punishment favors a moderate formalism over legal realism as the way to interpret Roman criminal trials.
Nigel D. White
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199217908
- eISBN:
- 9780191705380
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199217908.003.0005
- Subject:
- Law, Human Rights and Immigration
This chapter examines the applicability of economic, social, and cultural rights (ESC rights) to the UN Security Council, to determine whether it is bound to respect human rights law generally, and ...
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This chapter examines the applicability of economic, social, and cultural rights (ESC rights) to the UN Security Council, to determine whether it is bound to respect human rights law generally, and ESC rights in particular, when acting under Chapter VII of the UN Charter. This includes instances when it imposes economic sanctions against states and against individuals (such as those suspected of terrorism), and when it establishes a post-conflict administration in a state. It is argued that while the primary rules of international law, including fundamental economic and social rights, are applicable to the activities of the Security Council, the UN system is woefully inadequate in ensuring the accountability of the Security Council in this, or in any other, regard.Less
This chapter examines the applicability of economic, social, and cultural rights (ESC rights) to the UN Security Council, to determine whether it is bound to respect human rights law generally, and ESC rights in particular, when acting under Chapter VII of the UN Charter. This includes instances when it imposes economic sanctions against states and against individuals (such as those suspected of terrorism), and when it establishes a post-conflict administration in a state. It is argued that while the primary rules of international law, including fundamental economic and social rights, are applicable to the activities of the Security Council, the UN system is woefully inadequate in ensuring the accountability of the Security Council in this, or in any other, regard.
Luigi Zingales
- Published in print:
- 2014
- Published Online:
- November 2015
- ISBN:
- 9780231160155
- eISBN:
- 9780231504324
- Item type:
- chapter
- Publisher:
- Columbia University Press
- DOI:
- 10.7312/columbia/9780231160155.003.0017
- Subject:
- Economics and Finance, Public and Welfare
This chapter first addresses the question of why Chapter 11 was not used to solve the financial sector’s problems. The obvious answer is that there was no time; Chapter 11 procedures are generally ...
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This chapter first addresses the question of why Chapter 11 was not used to solve the financial sector’s problems. The obvious answer is that there was no time; Chapter 11 procedures are generally long and complex, and the crisis reached a point where time was of the essence. If left to the negotiations of the parties involved, this process would take months. The chapter then considers Treasury Secretary Paulson’s proposal to create a sort of Resolution Trust Corporation (RTC) that will buy out (with taxpayers’ money) the distressed assets of the financial sector. It argues that the Paulson RTC will buy toxic assets at inflated prices, thereby creating a charitable institution that provides welfare to the rich—at the taxpayers’ expense. If the RTC subsidy is large enough, it will succeed in stopping the crisis. However, it will cost billions of dollars in taxpayer money and, even worse, the violation of the fundamental capitalist principle that she who reaps the gains also bears the losses.Less
This chapter first addresses the question of why Chapter 11 was not used to solve the financial sector’s problems. The obvious answer is that there was no time; Chapter 11 procedures are generally long and complex, and the crisis reached a point where time was of the essence. If left to the negotiations of the parties involved, this process would take months. The chapter then considers Treasury Secretary Paulson’s proposal to create a sort of Resolution Trust Corporation (RTC) that will buy out (with taxpayers’ money) the distressed assets of the financial sector. It argues that the Paulson RTC will buy toxic assets at inflated prices, thereby creating a charitable institution that provides welfare to the rich—at the taxpayers’ expense. If the RTC subsidy is large enough, it will succeed in stopping the crisis. However, it will cost billions of dollars in taxpayer money and, even worse, the violation of the fundamental capitalist principle that she who reaps the gains also bears the losses.
G. L’E Turner
- Published in print:
- 2002
- Published Online:
- January 2010
- ISBN:
- 9780198515302
- eISBN:
- 9780191705694
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198515302.003.0002
- Subject:
- Physics, History of Physics
This chapter contains biographical sketches of the members, together with a record of attendance and non-attendance at the meetings, and brief commentary. The men who met at the Chapter Coffee House, ...
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This chapter contains biographical sketches of the members, together with a record of attendance and non-attendance at the meetings, and brief commentary. The men who met at the Chapter Coffee House, and later the Baptist Head Coffee House, regarded themselves as natural philosophers. Of the fifty two identified members, thirty three are included in the Dictionary of National Biography, thirty three were Fellows of the Royal Society of London, seven were Fellows of the Society of Antiquaries of London, twenty two had the degree of MD, and medical fellowships from London or Edinburgh were also common among the members. Not all those listed as members attended even one meeting. The author suggests that should one wish to make any claims regarding the intellectual or social character of the Society, one must look to those who actually came to meetings, rather than to the totality of the membership.Less
This chapter contains biographical sketches of the members, together with a record of attendance and non-attendance at the meetings, and brief commentary. The men who met at the Chapter Coffee House, and later the Baptist Head Coffee House, regarded themselves as natural philosophers. Of the fifty two identified members, thirty three are included in the Dictionary of National Biography, thirty three were Fellows of the Royal Society of London, seven were Fellows of the Society of Antiquaries of London, twenty two had the degree of MD, and medical fellowships from London or Edinburgh were also common among the members. Not all those listed as members attended even one meeting. The author suggests that should one wish to make any claims regarding the intellectual or social character of the Society, one must look to those who actually came to meetings, rather than to the totality of the membership.
T.H. Levere and G.L'E. Turner
- Published in print:
- 2002
- Published Online:
- January 2010
- ISBN:
- 9780198515302
- eISBN:
- 9780191705694
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198515302.003.0003
- Subject:
- Physics, History of Physics
This chapter details the minutes of the Society in their meetings from 1780 to 1787. It contains a list of the members of the Chapter Coffee House Society, with their corresponding addresses. The ...
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This chapter details the minutes of the Society in their meetings from 1780 to 1787. It contains a list of the members of the Chapter Coffee House Society, with their corresponding addresses. The dates of each meeting are mentioned, followed by a list of the attendees. The first resolution mentioned that the meeting shall be held once every fortnight, assigned five as the quorum number by which to appoint the most senior attendee as the Chairman, and mentioned that the Subject for the next meeting shall be set on the current meeting. Aside from the resolutions after each meeting, the chapter also details the discussions that took place during the meetings and shows illustrations of the various experiments and inventions by the Society members.Less
This chapter details the minutes of the Society in their meetings from 1780 to 1787. It contains a list of the members of the Chapter Coffee House Society, with their corresponding addresses. The dates of each meeting are mentioned, followed by a list of the attendees. The first resolution mentioned that the meeting shall be held once every fortnight, assigned five as the quorum number by which to appoint the most senior attendee as the Chairman, and mentioned that the Subject for the next meeting shall be set on the current meeting. Aside from the resolutions after each meeting, the chapter also details the discussions that took place during the meetings and shows illustrations of the various experiments and inventions by the Society members.
