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Humanitarian Intervention and International Relations

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 ... More


San Francisco and Human Rights, 1945

Ian Clark

in International Legitimacy and World Society

Published in print:
2007
Published Online:
May 2007
ISBN:
9780199297009
eISBN:
9780191711428
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199297009.003.0007
Subject:
Political Science, International Relations and Politics

The draft proposals for the United Nations Charter that emerged from Dumbarton Oaks allowed only for one brief mention of human rights. The final version agreed at San Francisco gave human rights a ... More


The Humanitarian Responsibilities of Sovereignty: Explaining the Development of a New Norm of Military Intervention for Humanitarian Purposes in International Society

Nicholas J. Wheeler

in Humanitarian Intervention and International Relations

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 ... More


International Rights versus National Sovereignty

Carl Wellman

in The Moral Dimensions of Human Rights

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199744787
eISBN:
9780199827138
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199744787.003.0007
Subject:
Philosophy, General

This chapter examines critically the way in which national sovereignty has limited and still limits the implementation of international human rights. It describes the relevance of the United Nations ... More


“Constitutional” Interpretation

JOSÉ E. ALVAREZ

in International Organizations as Law-makers

Published in print:
2006
Published Online:
January 2010
ISBN:
9780198765639
eISBN:
9780191710070
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198765639.003.0002
Subject:
Law, Public International Law

This chapter discusses ‘constitutional’ interpretation of a Charter. It compares the United Nations Charter and the United States Constitution, citing that both provide institutional mechanisms to ... More


Taking Consequences Seriously: Objections to Humanitarian Intervention

Jennifer M. Welsh

in Humanitarian Intervention and International Relations

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 ... More


Non-Self-Governing Territories: the Law and Practice of Decolonization

JAMES CRAWFORD

in The Creation of States in International Law

Published in print:
2007
Published Online:
January 2010
ISBN:
9780199228423
eISBN:
9780191714375
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199228423.003.0014
Subject:
Law, Public International Law

Before 1945, there was very little general international concern with colonial issues, and still less with the progress of colonised peoples to self-government. At the San Francisco Conference, ... More


The Role for Human Rights in the Decision-making Process of the Security Council

Bardo Fassbender

in Securing Human Rights?: Achievements and Challenges of the UN Security Council

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199641499
eISBN:
9780191732218
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641499.003.0004
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter addresses questions of safeguarding human rights in the course of Council action directed towards ‘other’ goals rather than the direct protection of human rights, i.e., mainly ... More


Introduction

Jennifer M. Welsh

in Humanitarian Intervention and International Relations

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 ... More


The Right of Self-Defence in the Period after the Second World War

Ian Brownlie

in International Law and the Use of Force by States

Published in print:
1963
Published Online:
March 2012
ISBN:
9780198251583
eISBN:
9780191681332
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198251583.003.0013
Subject:
Law, Public International Law

This chapter reports some key problems of the meaning of self-defence in the modern law, more especially in the context of Article 51 of the United Nations Charter. In particular, some suggestions ... More


The Security Council as Enforcer of Human Rights

Vera Gowlland-Debbas

in Securing Human Rights?: Achievements and Challenges of the UN Security Council

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199641499
eISBN:
9780191732218
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641499.003.0003
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter focuses on the legal issues of the Security Council's actions in favour of human rights. In particular, it addresses the problem of the qualification of human rights violations as a ... More


New Foundations: The United Nations Charter and the Bases of the Law After 1945

Ian Brownlie

in International Law and the Use of Force by States

Published in print:
1963
Published Online:
March 2012
ISBN:
9780198251583
eISBN:
9780191681332
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198251583.003.0006
Subject:
Law, Public International Law

This chapter explores the bases of the law in the period since the Second World War. Some possible sources of weakness in the legal régime based on the Kellogg—Briand Pact and the United Nations ... More


The Security Council and Human Rights—from Discretion to Promote to Obligation to Protect

Daphna Shraga

in Securing Human Rights?: Achievements and Challenges of the UN Security Council

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199641499
eISBN:
9780191732218
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641499.003.0002
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter analyses how the role of the UN Security Council in the promotion and protection of human rights developed since 1945: an organ not endowed with any specific powers in the field of human ... More


Compliance Theory

Mary Ellen O'Connell

in The Power and Purpose of International Law: Insights from the Theory and Practice of Enforcement

Published in print:
2008
Published Online:
January 2009
ISBN:
9780195368949
eISBN:
9780199871100
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195368949.003.0003
Subject:
Law, Public International Law

After World War II, the international legal restrictions on the use of force were finally codified in the United Nations Charter. The United States championed the Charter until Morgenthau and his ... More


Reviewing Security Council Measures in the Light of International Human Rights Principles

Salvatore Zappalà

in Securing Human Rights?: Achievements and Challenges of the UN Security Council

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199641499
eISBN:
9780191732218
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641499.003.0007
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter presents a critical account of the Security Council's involvement in human rights matters since the early 1990s from a legal perspective. The Council has often operated outside the ... More


Introduction

Bardo Fassbender

in Securing Human Rights?: Achievements and Challenges of the UN Security Council

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199641499
eISBN:
9780191732218
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641499.003.0001
Subject:
Law, Public International Law, Human Rights and Immigration

This introductory chapter aims at providing a framework for this book which deals with different aspects of the issue of human rights and the UN Security Council. On the one hand, the Security ... More


Securing Human Rights?: Achievements and Challenges of the UN Security Council

Bardo Fassbender (ed.)

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199641499
eISBN:
9780191732218
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641499.001.0001
Subject:
Law, Public International Law, Human Rights and Immigration

The contributions to this book, which are based on lectures delivered at the Academy of European Law in Florence, take a closer look at the two sides of the United Nations Security Council's ... More


The Maintenance of International Peace and Security through Prevention of Atrocity Crimes: The Question of Cooperation between the UN and Regional Arrangements

Adama Dieng

in Arcs of Global Justice: Essays in Honour of William A. Schabas

Published in print:
2018
Published Online:
January 2018
ISBN:
9780190272654
eISBN:
9780190272685
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190272654.003.0025
Subject:
Law, Public International Law, Criminal Law and Criminology

This chapter focuses on the role and responsibility of the Security Council to maintain international peace and security through the prevention of atrocity crimes, as reflected in the World Summit ... More


International Human Rights and Poverty Law in Sustainable Development

Marie-Claire Cordonier Segger and Ashfaq Khalfan

in Sustainable Development Law: Principles, Practices, and Prospects

Published in print:
2004
Published Online:
March 2012
ISBN:
9780199276707
eISBN:
9780191699900
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199276707.003.0012
Subject:
Law, Environmental and Energy Law

The need for both economic growth and social development to be treated as priorities was recognized by the international community more than fifty years ago when the United Nations Charter was ... More


The Extraterrestrial Application of International Law

Bin Cheng

in Studies in International Space Law

Published in print:
1997
Published Online:
March 2012
ISBN:
9780198257301
eISBN:
9780191681745
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198257301.003.0005
Subject:
Law, Public International Law

This chapter, through a re-examination and a reclassification of the concept of State jurisdiction, demonstrates that international law and international treaties, such as the United Nations Charter, ... More


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