Jason Ralph
- Published in print:
- 2007
- Published Online:
- September 2007
- ISBN:
- 9780199214310
- eISBN:
- 9780191706615
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199214310.001.0001
- Subject:
- Political Science, International Relations and Politics
This book is among the first to address the issues raised by the International Criminal Court from an International Relations perspective. By clearly outlining a theoretical framework to interpret ...
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This book is among the first to address the issues raised by the International Criminal Court from an International Relations perspective. By clearly outlining a theoretical framework to interpret these issues, it makes a significant contribution to the English School's study of international society. More specifically, it offers a concise definition of ‘world society’ and thus helps to resolve a longstanding problem in international theory. This groundbreaking conceptual work is supported by an indepth empirical analysis of American opposition to the ICC. The book goes beyond the familiar arguments related to national interests and argues that the Court has exposed the extent to which American notions of accountability are tied to the nation‐state. Where other democracies are willing to renegotiate their social contract because they see themselves as part of world society, the US protects its particular contract with ‘the American people’ because it offers a means of distinguishing that nation and its democracy from the rest of the world. In opposing the ICC, therefore, the US seeks to defend a society of states because this kind of society can accommodate American exceptionalism and advance particular US interests. This ‘sovereigntist’, or more accurately ‘Americanist’, influence is further illustrated in chapters on the customary international law, universal jurisdiction, transatlantic relations and US policy on international humanitarian law in the war on terror. The book concludes by evoking E.H. Carr's criticism of those great powers who claim that a harmony exists between their particular interests and those of wider society. It also recalls his argument that great powers sometimes need to compromise and in this context it argues that support for the ICC is a more effective means of fulfilling America's purpose and a less costly sacrifice for the US to make than that demanded by the ‘Americanist’ policy of nation‐building.Less
This book is among the first to address the issues raised by the International Criminal Court from an International Relations perspective. By clearly outlining a theoretical framework to interpret these issues, it makes a significant contribution to the English School's study of international society. More specifically, it offers a concise definition of ‘world society’ and thus helps to resolve a longstanding problem in international theory. This groundbreaking conceptual work is supported by an indepth empirical analysis of American opposition to the ICC. The book goes beyond the familiar arguments related to national interests and argues that the Court has exposed the extent to which American notions of accountability are tied to the nation‐state. Where other democracies are willing to renegotiate their social contract because they see themselves as part of world society, the US protects its particular contract with ‘the American people’ because it offers a means of distinguishing that nation and its democracy from the rest of the world. In opposing the ICC, therefore, the US seeks to defend a society of states because this kind of society can accommodate American exceptionalism and advance particular US interests. This ‘sovereigntist’, or more accurately ‘Americanist’, influence is further illustrated in chapters on the customary international law, universal jurisdiction, transatlantic relations and US policy on international humanitarian law in the war on terror. The book concludes by evoking E.H. Carr's criticism of those great powers who claim that a harmony exists between their particular interests and those of wider society. It also recalls his argument that great powers sometimes need to compromise and in this context it argues that support for the ICC is a more effective means of fulfilling America's purpose and a less costly sacrifice for the US to make than that demanded by the ‘Americanist’ policy of nation‐building.
Bruce M Landesman
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199545520
- eISBN:
- 9780191721113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso:acprof/9780199545520.003.0024
- Subject:
- Law, Medical Law
This chapter discusses humanitarian intervention in general and examines what can be said for and against it. It considers whether medical epidemics pose any new issues for the validity of such ...
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This chapter discusses humanitarian intervention in general and examines what can be said for and against it. It considers whether medical epidemics pose any new issues for the validity of such intervention. It is argued that intervention is sometimes permissible or mandatory in the face of medical epidemics. But humanitarian intervention is a tool that can be effectively used only on rare occasions. Thus, we need a better way of dealing with the recurrent problems of the world's poor, medical and otherwise.Less
This chapter discusses humanitarian intervention in general and examines what can be said for and against it. It considers whether medical epidemics pose any new issues for the validity of such intervention. It is argued that intervention is sometimes permissible or mandatory in the face of medical epidemics. But humanitarian intervention is a tool that can be effectively used only on rare occasions. Thus, we need a better way of dealing with the recurrent problems of the world's poor, medical and otherwise.
Georg Menz
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199533886
- eISBN:
- 9780191714771
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199533886.001.0001
- Subject:
- Political Science, Political Economy
European governments have rediscovered labor migration, but are eager to be perceived as controlling unsolicited forms of migration, especially through asylum and family reunion. The emerging ...
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European governments have rediscovered labor migration, but are eager to be perceived as controlling unsolicited forms of migration, especially through asylum and family reunion. The emerging paradigm of managed migration combines the construction of more permissive channels for desirable and actively recruited labor migrants with ever more restrictive approaches towards asylum seekers. Nonstate actors, especially employer organizations, trade unions, and humanitarian nongovernmental organizations, attempt to shape regulatory measures, but their success varies depending on organizational characteristics. Labor market interest associations' lobbying strategies regarding quantities and skill profile of labor migrants will be influenced by the respective system of political economy they are embedded in. Trade unions are generally supportive of well-managed labor recruitment strategies. But migration policymaking also proceeds at the European Union (EU) level. While national actors seek to upload their national model as a blueprint for future EU policy to avoid costly adaptation, top-down Europeanization is recasting national regulation in important ways, notwithstanding highly divergent national regulatory philosophies. Based on field work in and analysis of primary documents from six European countries (France, Italy, United Kingdom, Ireland, Germany, and Poland), this book makes an important contribution to the study of a rapidly Europeanized policy domain. Combining insights from the literature on comparative political economy, Europeanization, and migration studies, this book makes important contributions to all three, while demonstrating how migration policy can be fruitfully studied by employing tools from mainstream political science, rather than treating it as a distinct subfield.Less
European governments have rediscovered labor migration, but are eager to be perceived as controlling unsolicited forms of migration, especially through asylum and family reunion. The emerging paradigm of managed migration combines the construction of more permissive channels for desirable and actively recruited labor migrants with ever more restrictive approaches towards asylum seekers. Nonstate actors, especially employer organizations, trade unions, and humanitarian nongovernmental organizations, attempt to shape regulatory measures, but their success varies depending on organizational characteristics. Labor market interest associations' lobbying strategies regarding quantities and skill profile of labor migrants will be influenced by the respective system of political economy they are embedded in. Trade unions are generally supportive of well-managed labor recruitment strategies. But migration policymaking also proceeds at the European Union (EU) level. While national actors seek to upload their national model as a blueprint for future EU policy to avoid costly adaptation, top-down Europeanization is recasting national regulation in important ways, notwithstanding highly divergent national regulatory philosophies. Based on field work in and analysis of primary documents from six European countries (France, Italy, United Kingdom, Ireland, Germany, and Poland), this book makes an important contribution to the study of a rapidly Europeanized policy domain. Combining insights from the literature on comparative political economy, Europeanization, and migration studies, this book makes important contributions to all three, while demonstrating how migration policy can be fruitfully studied by employing tools from mainstream political science, rather than treating it as a distinct subfield.
Independent International Commission on Kosovo
- Published in print:
- 2000
- Published Online:
- November 2003
- ISBN:
- 9780199243099
- eISBN:
- 9780191599538
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199243093.001.0001
- Subject:
- Political Science, International Relations and Politics
The Kosovo Report is a final product of the work by the Independent International Commission on Kosovo, established to examine key developments prior to, during, and after the Kosovo war, including ...
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The Kosovo Report is a final product of the work by the Independent International Commission on Kosovo, established to examine key developments prior to, during, and after the Kosovo war, including systematic violations of human rights in the region. The report assesses effectiveness of diplomatic efforts to prevent the war, legality of the NATO bombing campaign against Yugoslavia, and the progress of the United Nations in post‐conflict reconstruction. The Report makes a recommendation for the future status of Kosovo and proposes a new general framework for humanitarian intervention based on principles of legitimacy. It argues that the intervention by the international community in the Kosovo conflict did not so much create a precedent for intervention elsewhere as raise vital question about the legitimacy and practicability of the use of military force to defend human rights. The intervention, the Report concludes, exposed the limitations of the current international law on the balance between the rights of citizens and the rights of states; it demonstrated the difficulties that ensue when even the most sophisticated and professional military forces are deployed to achieve humanitarian goals; and it showed the immense obstacles that lie in the path of creating multi‐ethnic cooperation in societies torn apart by ethnic war.Less
The Kosovo Report is a final product of the work by the Independent International Commission on Kosovo, established to examine key developments prior to, during, and after the Kosovo war, including systematic violations of human rights in the region. The report assesses effectiveness of diplomatic efforts to prevent the war, legality of the NATO bombing campaign against Yugoslavia, and the progress of the United Nations in post‐conflict reconstruction. The Report makes a recommendation for the future status of Kosovo and proposes a new general framework for humanitarian intervention based on principles of legitimacy. It argues that the intervention by the international community in the Kosovo conflict did not so much create a precedent for intervention elsewhere as raise vital question about the legitimacy and practicability of the use of military force to defend human rights. The intervention, the Report concludes, exposed the limitations of the current international law on the balance between the rights of citizens and the rights of states; it demonstrated the difficulties that ensue when even the most sophisticated and professional military forces are deployed to achieve humanitarian goals; and it showed the immense obstacles that lie in the path of creating multi‐ethnic cooperation in societies torn apart by ethnic war.
Laura Valentini
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199593859
- eISBN:
- 9780191731457
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199593859.001.0001
- Subject:
- Political Science, Political Theory
While the lives of millions of people are overshadowed by poverty and destitution, a relatively small subset of the world’s population enjoys an unprecedented level of wealth. No doubt the world’s ...
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While the lives of millions of people are overshadowed by poverty and destitution, a relatively small subset of the world’s population enjoys an unprecedented level of wealth. No doubt the world’s rich have a duty to address the plight of the global poor. But are these duties of egalitarian justice to be considered much like those applying domestically, or as weaker duties of humanitarian assistance? This book begins by offering an in-depth critique of the two most prominent answers to this question – cosmopolitanism and statism – and then develops a novel normative framework for addressing it. Central to this framework is the idea that, unlike duties of assistance – which bind us to help the needy – duties of justice place constraints on the ways we may legitimately coerce one another. Because coercion exists domestically as well as internationally, duties of justice apply to both realms. However, as the forms of coercion characterizing these two realms differ, the content of duties of justice varies across them. Unlike statism and cosmopolitanism, the proposed normative framework successfully meets the joint desiderata of (a) consistency with liberal values and (b) capacity to guide action, and steers a middle course between these two views. Given the nature of existing international coercion, on this framework, global justice requires more than statist assistance, yet less than full cosmopolitan equality.Less
While the lives of millions of people are overshadowed by poverty and destitution, a relatively small subset of the world’s population enjoys an unprecedented level of wealth. No doubt the world’s rich have a duty to address the plight of the global poor. But are these duties of egalitarian justice to be considered much like those applying domestically, or as weaker duties of humanitarian assistance? This book begins by offering an in-depth critique of the two most prominent answers to this question – cosmopolitanism and statism – and then develops a novel normative framework for addressing it. Central to this framework is the idea that, unlike duties of assistance – which bind us to help the needy – duties of justice place constraints on the ways we may legitimately coerce one another. Because coercion exists domestically as well as internationally, duties of justice apply to both realms. However, as the forms of coercion characterizing these two realms differ, the content of duties of justice varies across them. Unlike statism and cosmopolitanism, the proposed normative framework successfully meets the joint desiderata of (a) consistency with liberal values and (b) capacity to guide action, and steers a middle course between these two views. Given the nature of existing international coercion, on this framework, global justice requires more than statist assistance, yet less than full cosmopolitan equality.
Andrew Altman and Christopher Heath Wellman
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199564415
- eISBN:
- 9780191721434
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199564415.001.0001
- Subject:
- Political Science, Political Theory, International Relations and Politics
This book advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal ...
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This book advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal idea of an irreducibly collective right of self‐governance. The individual and his or her rights are placed at center stage insofar as political states are judged legitimate if they adequately protect the human rights of their constituents and respect the rights of all others. Yet, the book argues that legitimate states have a moral right to self‐determination and that this right is inherently collective, irreducible to the individual rights of the persons who constitute them. Exploring the implications of these ideas, the book addresses issues pertaining to democracy, secession, international criminal law, armed intervention, political assassination, global distributive justice, and immigration. A number of the positions taken in the book run against the grain of current academic opinion: there is no human right to democracy; separatist groups can be morally entitled to secede from legitimate states; the fact that it is a matter of brute luck whether one is born in a wealthy state or a poorer one does not mean that economic inequalities across states must be minimized or even kept within certain limits; most existing states have no right against armed intervention; and it is morally permissible for a legitimate state to exclude all would‐be immigrants.Less
This book advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal idea of an irreducibly collective right of self‐governance. The individual and his or her rights are placed at center stage insofar as political states are judged legitimate if they adequately protect the human rights of their constituents and respect the rights of all others. Yet, the book argues that legitimate states have a moral right to self‐determination and that this right is inherently collective, irreducible to the individual rights of the persons who constitute them. Exploring the implications of these ideas, the book addresses issues pertaining to democracy, secession, international criminal law, armed intervention, political assassination, global distributive justice, and immigration. A number of the positions taken in the book run against the grain of current academic opinion: there is no human right to democracy; separatist groups can be morally entitled to secede from legitimate states; the fact that it is a matter of brute luck whether one is born in a wealthy state or a poorer one does not mean that economic inequalities across states must be minimized or even kept within certain limits; most existing states have no right against armed intervention; and it is morally permissible for a legitimate state to exclude all would‐be immigrants.
Emily Crawford
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199578962
- eISBN:
- 9780191722608
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199578962.001.0001
- Subject:
- Law, Human Rights and Immigration, Public International Law
Currently, International Humanitarian Law (IHL) also known as the law of armed conflict, makes the distinction between international and non-international armed conflicts. International armed ...
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Currently, International Humanitarian Law (IHL) also known as the law of armed conflict, makes the distinction between international and non-international armed conflicts. International armed conflicts are regulated by more treaties than their non-international counterparts. Furthermore, the regulation of international armed conflicts is also considerably more comprehensive than that offered for participants in and victims of non-international armed conflicts. This book asks whether the legal distinction between international and non-international armed conflicts remains viable or whether international law should move to maintain its consonance with the situations it seeks to regulate by developing a unified legal regime applicable in all armed conflicts. There is considerable precedent to support moves towards the elimination of the legal distinction between international and non-international armed conflicts. This book argues that IHL, a law which has, as one of its primary aims, the protection of the person in times of armed conflict, should not distinguish between types of armed conflict, specifically in how the law treats the vulnerable in times of armed conflict – those hors de combat due to illness and injury, and those deprived of their liberty through capture or surrenderLess
Currently, International Humanitarian Law (IHL) also known as the law of armed conflict, makes the distinction between international and non-international armed conflicts. International armed conflicts are regulated by more treaties than their non-international counterparts. Furthermore, the regulation of international armed conflicts is also considerably more comprehensive than that offered for participants in and victims of non-international armed conflicts. This book asks whether the legal distinction between international and non-international armed conflicts remains viable or whether international law should move to maintain its consonance with the situations it seeks to regulate by developing a unified legal regime applicable in all armed conflicts. There is considerable precedent to support moves towards the elimination of the legal distinction between international and non-international armed conflicts. This book argues that IHL, a law which has, as one of its primary aims, the protection of the person in times of armed conflict, should not distinguish between types of armed conflict, specifically in how the law treats the vulnerable in times of armed conflict – those hors de combat due to illness and injury, and those deprived of their liberty through capture or surrender
Daniel Engster
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199214358
- eISBN:
- 9780191706684
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199214358.003.0005
- Subject:
- Political Science, Political Theory
This chapter explores the question: What does it mean to care for others in international relations? Sara Ruddick, Fiona Robinson, and others have outlined international relations theories based upon ...
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This chapter explores the question: What does it mean to care for others in international relations? Sara Ruddick, Fiona Robinson, and others have outlined international relations theories based upon care ethics, but their accounts are fairly general and say little about the rights and policies necessary for establishing caring relations among people across the world. The first half of this chapter develops a human rights framework based upon human beings' universal duty to care for others. The chapter argues that this framework avoids the central shortcomings of other international rights frameworks, and more generally provides a standard of justice that should be reasonably acceptable to people from diverse cultural and religious backgrounds. The second half of the chapter outlines some specific strategies and policies for enforcing human rights abroad and caring for distant others. In the last section, the chapter discusses the conditions under which care theory might justify the use of military force, especially for the sake of intervening into other countries for humanitarian purposes.Less
This chapter explores the question: What does it mean to care for others in international relations? Sara Ruddick, Fiona Robinson, and others have outlined international relations theories based upon care ethics, but their accounts are fairly general and say little about the rights and policies necessary for establishing caring relations among people across the world. The first half of this chapter develops a human rights framework based upon human beings' universal duty to care for others. The chapter argues that this framework avoids the central shortcomings of other international rights frameworks, and more generally provides a standard of justice that should be reasonably acceptable to people from diverse cultural and religious backgrounds. The second half of the chapter outlines some specific strategies and policies for enforcing human rights abroad and caring for distant others. In the last section, the chapter discusses the conditions under which care theory might justify the use of military force, especially for the sake of intervening into other countries for humanitarian purposes.
David M. Malone
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780199278572
- eISBN:
- 9780191604119
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199278571.003.0004
- Subject:
- Political Science, International Relations and Politics
This chapter discusses the third phase of UN involvement in Iraq, characterized by creeping unilateralism, occurring within the context of a more multidisciplinary approach to peace operations. That ...
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This chapter discusses the third phase of UN involvement in Iraq, characterized by creeping unilateralism, occurring within the context of a more multidisciplinary approach to peace operations. That approach often incorporated humanitarian objectives into peace operations, as reflected in the deployment of UN ‘Guards’ to northern Iraq; but it was also characterized by the early resort (or reversion) by several Security Council members to unilateral action. The chapter specifically examines the imposition by France, the United Kingdom, and the United States of no-fly zones over Iraq in 1991 and 1992, and the launch of Operation Provide Comfort to protect Kurdish refugees in northern Iraq. This creeping unilateralism was a harbinger of further unilateral enforcement measures to come that would sunder the unity of the Security Council’s purpose on Iraq by 1998.Less
This chapter discusses the third phase of UN involvement in Iraq, characterized by creeping unilateralism, occurring within the context of a more multidisciplinary approach to peace operations. That approach often incorporated humanitarian objectives into peace operations, as reflected in the deployment of UN ‘Guards’ to northern Iraq; but it was also characterized by the early resort (or reversion) by several Security Council members to unilateral action. The chapter specifically examines the imposition by France, the United Kingdom, and the United States of no-fly zones over Iraq in 1991 and 1992, and the launch of Operation Provide Comfort to protect Kurdish refugees in northern Iraq. This creeping unilateralism was a harbinger of further unilateral enforcement measures to come that would sunder the unity of the Security Council’s purpose on Iraq by 1998.
David M. Malone
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780199278572
- eISBN:
- 9780191604119
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199278571.003.0005
- Subject:
- Political Science, International Relations and Politics
This chapter examines the inspections-plus-sanctions approach to Iraqi disarmament, which characterized the enforcement aspects of this third phase of UN involvement in Iraq. The sanctions regime ...
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This chapter examines the inspections-plus-sanctions approach to Iraqi disarmament, which characterized the enforcement aspects of this third phase of UN involvement in Iraq. The sanctions regime against Iraq stands as a paradigm of both the virtues and vices of the sanctions approach. It was the Iraq sanctions regime that demonstrated the utility and the challenges of Security Council subsidiary bodies operating as delegated regulators, through a supervisory committee established to monitor implementation of the sanctions. Although Haiti and other cases provided lessons, it was also the Iraq sanctions regime that demonstrated most clearly how a cunning target government could turn sanctions to its own ends, and how terrible the resulting cost to civilians might be.Less
This chapter examines the inspections-plus-sanctions approach to Iraqi disarmament, which characterized the enforcement aspects of this third phase of UN involvement in Iraq. The sanctions regime against Iraq stands as a paradigm of both the virtues and vices of the sanctions approach. It was the Iraq sanctions regime that demonstrated the utility and the challenges of Security Council subsidiary bodies operating as delegated regulators, through a supervisory committee established to monitor implementation of the sanctions. Although Haiti and other cases provided lessons, it was also the Iraq sanctions regime that demonstrated most clearly how a cunning target government could turn sanctions to its own ends, and how terrible the resulting cost to civilians might be.
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.
Menno T. Kamminga and Martin Scheinin (eds)
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199565221
- eISBN:
- 9780191705281
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199565221.001.0001
- Subject:
- Law, Human Rights and Immigration, Public International Law
Traditional international law aims to protect the values and interests of states. The rapidly increasing corpus of international human rights law (including international humanitarian law and ...
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Traditional international law aims to protect the values and interests of states. The rapidly increasing corpus of international human rights law (including international humanitarian law and international criminal law) increasingly challenges the basic tenets of general international law. In order to become accepted as the law of the world community, general international law needs to reflect better the values and interests of a wider range of actors, including the individual. This book examines the impact of international human rights law on general international law. It considers areas including the structure of international obligations, the formation of customary international law, treaty law, immunities, state responsibility, and diplomatic protection. The book traces the extent to which concepts emanating from international human rights law are being incorporated by the guardians of traditional international law: the International Court of Justice and the International Law Commission.Less
Traditional international law aims to protect the values and interests of states. The rapidly increasing corpus of international human rights law (including international humanitarian law and international criminal law) increasingly challenges the basic tenets of general international law. In order to become accepted as the law of the world community, general international law needs to reflect better the values and interests of a wider range of actors, including the individual. This book examines the impact of international human rights law on general international law. It considers areas including the structure of international obligations, the formation of customary international law, treaty law, immunities, state responsibility, and diplomatic protection. The book traces the extent to which concepts emanating from international human rights law are being incorporated by the guardians of traditional international law: the International Court of Justice and the International Law Commission.
Arthur C. Helton
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199250318
- eISBN:
- 9780191599477
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199250316.001.0001
- Subject:
- Political Science, International Relations and Politics
To prevent or mitigate refugee catastrophes, more effective international cooperation is needed in advance of crises. In this connection, new mechanisms are needed to marshal resources to promote the ...
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To prevent or mitigate refugee catastrophes, more effective international cooperation is needed in advance of crises. In this connection, new mechanisms are needed to marshal resources to promote the sustainable return of refugees and internally displaced persons, and successfully undertake post‐conflict recovery.Where prevention fails, more can be done to protect the displaced and help them find new homes. A greater degree of concerted action is needed among governments, international organizations, and NGOs in order to ensure the human security of the uprooted.Based on the experience of the last decade, institutional reform is a key determinant of effective cooperation. In particular, the author urges the consolidation of humanitarian functions within the U.N., and the creation of a single U.S. government Agency for Humanitarian Action, or AHA. As a first step in that direction, a proposal is made to establish Strategic Humanitarian Action and Research (SHARE), an operations‐oriented think tank designed to promote coherent responses and make humanitarian action more effective.Whether it is called humanitarian diplomacy or something else, a new form of statecraft is clearly needed in order to conduct effective humanitarian action in today's world. Success in this humanitarian management endeavour would surely mitigate the refugee problem and help us to avoid paying the high human, economic, political, and security costs –— the price of indifference.Less
To prevent or mitigate refugee catastrophes, more effective international cooperation is needed in advance of crises. In this connection, new mechanisms are needed to marshal resources to promote the sustainable return of refugees and internally displaced persons, and successfully undertake post‐conflict recovery.
Where prevention fails, more can be done to protect the displaced and help them find new homes. A greater degree of concerted action is needed among governments, international organizations, and NGOs in order to ensure the human security of the uprooted.
Based on the experience of the last decade, institutional reform is a key determinant of effective cooperation. In particular, the author urges the consolidation of humanitarian functions within the U.N., and the creation of a single U.S. government Agency for Humanitarian Action, or AHA. As a first step in that direction, a proposal is made to establish Strategic Humanitarian Action and Research (SHARE), an operations‐oriented think tank designed to promote coherent responses and make humanitarian action more effective.
Whether it is called humanitarian diplomacy or something else, a new form of statecraft is clearly needed in order to conduct effective humanitarian action in today's world. Success in this humanitarian management endeavour would surely mitigate the refugee problem and help us to avoid paying the high human, economic, political, and security costs –— the price of indifference.
Arthur C. Helton
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199250318
- eISBN:
- 9780191599477
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199250316.003.0006
- Subject:
- Political Science, International Relations and Politics
Several broad trends provide the context for current refugee policy responses. The debate over national sovereignty and humanitarian intervention, while not new, reached a crescendo over the past ...
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Several broad trends provide the context for current refugee policy responses. The debate over national sovereignty and humanitarian intervention, while not new, reached a crescendo over the past decade as refugees and population movements more generally necessarily diminished the exclusive prerogative of state sovereignty relating to border control in the modern world. Europe is a fertile setting for the development of regional capacities that can blend military and civilian responses to humanitarian crises, both within and outside Europe, including at the North Atlantic Treaty Organization (NATO). Yet, the difficulty of protecting and assisting internally displaced persons, continues to raise basic questions about the competence of the international system and the implementation mechanisms for human rights and humanitarian law. International migration provides the broad context for the evolution of refugee policy.Less
Several broad trends provide the context for current refugee policy responses. The debate over national sovereignty and humanitarian intervention, while not new, reached a crescendo over the past decade as refugees and population movements more generally necessarily diminished the exclusive prerogative of state sovereignty relating to border control in the modern world. Europe is a fertile setting for the development of regional capacities that can blend military and civilian responses to humanitarian crises, both within and outside Europe, including at the North Atlantic Treaty Organization (NATO). Yet, the difficulty of protecting and assisting internally displaced persons, continues to raise basic questions about the competence of the international system and the implementation mechanisms for human rights and humanitarian law. International migration provides the broad context for the evolution of refugee policy.
Arthur C. Helton
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199250318
- eISBN:
- 9780191599477
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199250316.003.0008
- Subject:
- Political Science, International Relations and Politics
Duplication of efforts is endemic in the humanitarian ‘new economy’ that has emerged over the past decade, and gaps are more prevalent than structure in international humanitarian action. Any future ...
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Duplication of efforts is endemic in the humanitarian ‘new economy’ that has emerged over the past decade, and gaps are more prevalent than structure in international humanitarian action. Any future impetus for reform of the humanitarian components of the UN, moreover, must come from outside system, if at all. The problem of internal displacement could provide this impetus. Nevertheless, decisive reform is needed, and the bureaucratic trend is clear —consolidation of the varieties of entities and functions involved in the provision of humanitarian assistance and protection in order to become more effective. This trend should be promoted and institutionalized. Ultimately what is needed is a consolidated UN humanitarian agency with a fully integrated budget and programme, an Office for the Coordination of Humanitarian Affairs (OCHA) with budgetary, and programmatic authority.Less
Duplication of efforts is endemic in the humanitarian ‘new economy’ that has emerged over the past decade, and gaps are more prevalent than structure in international humanitarian action. Any future impetus for reform of the humanitarian components of the UN, moreover, must come from outside system, if at all. The problem of internal displacement could provide this impetus. Nevertheless, decisive reform is needed, and the bureaucratic trend is clear —consolidation of the varieties of entities and functions involved in the provision of humanitarian assistance and protection in order to become more effective. This trend should be promoted and institutionalized. Ultimately what is needed is a consolidated UN humanitarian agency with a fully integrated budget and programme, an Office for the Coordination of Humanitarian Affairs (OCHA) with budgetary, and programmatic authority.
Arthur C. Helton
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199250318
- eISBN:
- 9780191599477
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199250316.003.0009
- Subject:
- Political Science, International Relations and Politics
As evidenced in US government responses to humanitarian emergencies over the past decade, humanitarian considerations are often not taken into account sufficiently in military and political planning ...
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As evidenced in US government responses to humanitarian emergencies over the past decade, humanitarian considerations are often not taken into account sufficiently in military and political planning processes. Kosovo was a prime example. The status quo is not an optimal basis for promoting US humanitarian interests. Bureaucratic turf wars and a long‐standing debate between the developed and developing countries on questions of intervention and national sovereignty have politicized and slowed effective humanitarian action, causing donor countries to turn away from formal multi‐lateral structures. To more effectively discharge US government functions in the humanitarian field and to more effectively coordinate policy, a new separate civilian agency —an Agency for Humanitarian Action (AHA)—is proposed.Less
As evidenced in US government responses to humanitarian emergencies over the past decade, humanitarian considerations are often not taken into account sufficiently in military and political planning processes. Kosovo was a prime example. The status quo is not an optimal basis for promoting US humanitarian interests. Bureaucratic turf wars and a long‐standing debate between the developed and developing countries on questions of intervention and national sovereignty have politicized and slowed effective humanitarian action, causing donor countries to turn away from formal multi‐lateral structures. To more effectively discharge US government functions in the humanitarian field and to more effectively coordinate policy, a new separate civilian agency —an Agency for Humanitarian Action (AHA)—is proposed.
Nicholas J. Wheeler
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199253104
- eISBN:
- 9780191600302
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199253102.003.0007
- Subject:
- Political Science, International Relations and Politics
Analyses how the USA and UN came to intervene militarily in Somalia in 1992–94. It shows how the Security Council in Resolution 794 crossed the threshold on authorizing the use of force to end a ...
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Analyses how the USA and UN came to intervene militarily in Somalia in 1992–94. It shows how the Security Council in Resolution 794 crossed the threshold on authorizing the use of force to end a humanitarian crisis, albeit in a case where the government of the state had collapsed. It also explores why the Somali mission failed, and what lessons can be learnt from it for future humanitarian interventions.Less
Analyses how the USA and UN came to intervene militarily in Somalia in 1992–94. It shows how the Security Council in Resolution 794 crossed the threshold on authorizing the use of force to end a humanitarian crisis, albeit in a case where the government of the state had collapsed. It also explores why the Somali mission failed, and what lessons can be learnt from it for future humanitarian interventions.
Gil Loescher
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199246915
- eISBN:
- 9780191599781
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199246912.003.0001
- Subject:
- Political Science, International Relations and Politics
For the past half century the UNHCR has been central to the international debates about human rights, conflict resolution, sovereignty, intervention and preventative action, and the role of ...
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For the past half century the UNHCR has been central to the international debates about human rights, conflict resolution, sovereignty, intervention and preventative action, and the role of international organizations in world politics. A central theme is change and continuity in the international political and security systems, in the refugee regime, and in the UNHCR. Contemporary refugee crises are placing the UNHCR under growing pressure regarding both its functions and identity. From focusing almost exclusively on protection and humanitarian relief for refugees in host countries, the UNHCR has progressively taken on additional responsibilities that involve it in a myriad of activities for refugees and non‐refugees alike.Less
For the past half century the UNHCR has been central to the international debates about human rights, conflict resolution, sovereignty, intervention and preventative action, and the role of international organizations in world politics. A central theme is change and continuity in the international political and security systems, in the refugee regime, and in the UNHCR. Contemporary refugee crises are placing the UNHCR under growing pressure regarding both its functions and identity. From focusing almost exclusively on protection and humanitarian relief for refugees in host countries, the UNHCR has progressively taken on additional responsibilities that involve it in a myriad of activities for refugees and non‐refugees alike.
Simon Caney
- Published in print:
- 2005
- Published Online:
- April 2005
- ISBN:
- 9780198293507
- eISBN:
- 9780191602337
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019829350X.001.0001
- Subject:
- Political Science, Political Theory
Examines which political principles should govern global politics. It explores ethical issues in justice that arise at the global level and addresses questions such as: are there universal values, ...
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Examines which political principles should govern global politics. It explores ethical issues in justice that arise at the global level and addresses questions such as: are there universal values, and if so, what are they; what human rights, if any, are there; are there global principles of distributive justice; should there be a system of supra-state institutions; is national self-determination defensible; when, if ever, may political regimes wage war; and is humanitarian intervention justified?The book outlines and defends an egalitarian liberal brand of cosmopolitanism to address these questions, maintaining that there are universal principles, arguing that these include universal civil and political human rights, and defending the application of global principles of distributive justice. On this basis, it makes a case for a system of supra-state political institutions to promote these universal principles of justice further. Having set out principles of ideal theory, the book then examines what principles should apply when injustices are committed. To do this it examines when political regimes may wage war and when they may engage in intervention, and thereby draws on cosmopolitan principles to derive and defend a cosmopolitan conception of just war and humanitarian intervention. In arriving at these conclusions, the book engages in a sustained analysis of the competing arguments on all the above issues, examining the arguments of nationalists, realists, and those who affirm the ideal of a society of states. To do this, the book explores and integrates the work of philosophers, political theorists, and international relations scholars, and illustrates its ethical argument and theoretical analysis with empirical examples. Furthermore, it argues that the issues examined in the book cannot be adequately treated in isolation from each other but must be treated as an interlinked whole.Less
Examines which political principles should govern global politics. It explores ethical issues in justice that arise at the global level and addresses questions such as: are there universal values, and if so, what are they; what human rights, if any, are there; are there global principles of distributive justice; should there be a system of supra-state institutions; is national self-determination defensible; when, if ever, may political regimes wage war; and is humanitarian intervention justified?
The book outlines and defends an egalitarian liberal brand of cosmopolitanism to address these questions, maintaining that there are universal principles, arguing that these include universal civil and political human rights, and defending the application of global principles of distributive justice. On this basis, it makes a case for a system of supra-state political institutions to promote these universal principles of justice further. Having set out principles of ideal theory, the book then examines what principles should apply when injustices are committed. To do this it examines when political regimes may wage war and when they may engage in intervention, and thereby draws on cosmopolitan principles to derive and defend a cosmopolitan conception of just war and humanitarian intervention. In arriving at these conclusions, the book engages in a sustained analysis of the competing arguments on all the above issues, examining the arguments of nationalists, realists, and those who affirm the ideal of a society of states. To do this, the book explores and integrates the work of philosophers, political theorists, and international relations scholars, and illustrates its ethical argument and theoretical analysis with empirical examples. Furthermore, it argues that the issues examined in the book cannot be adequately treated in isolation from each other but must be treated as an interlinked whole.
James Pattison
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199561049
- eISBN:
- 9780191722318
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199561049.003.0004
- Subject:
- Political Science, Comparative Politics, International Relations and Politics
This chapter defends the moral importance of an intervener's fidelity to the principles to jus in bello (principles of just conduct in war). It begins by outlining the particular principles of ...
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This chapter defends the moral importance of an intervener's fidelity to the principles to jus in bello (principles of just conduct in war). It begins by outlining the particular principles of ‘external jus in bello’ that an intervener should follow (focusing largely on discrimination and proportionality). It draws on Jeff McMahan's work and the nature of humanitarian intervention to claim that these principles should be highly restrictive. The chapter then asserts two principles of ‘internal jus in bello’. The second section considers more broadly the moral underpinnings of the principles of jus in bello. It claims that consequentialist justifications of these principles cannot fully grasp their moral significance and particularly the difference between doing and allowing. The final section considers the ‘Absolutist Challenge’—that the principles of jus in bello defended are too important and consequently render humanitarian intervention impermissible. After rejecting the doctrine of double effect as a solution to this challenge, the chapter invokes the scalar account of legitimacy to respond to this objection.Less
This chapter defends the moral importance of an intervener's fidelity to the principles to jus in bello (principles of just conduct in war). It begins by outlining the particular principles of ‘external jus in bello’ that an intervener should follow (focusing largely on discrimination and proportionality). It draws on Jeff McMahan's work and the nature of humanitarian intervention to claim that these principles should be highly restrictive. The chapter then asserts two principles of ‘internal jus in bello’. The second section considers more broadly the moral underpinnings of the principles of jus in bello. It claims that consequentialist justifications of these principles cannot fully grasp their moral significance and particularly the difference between doing and allowing. The final section considers the ‘Absolutist Challenge’—that the principles of jus in bello defended are too important and consequently render humanitarian intervention impermissible. After rejecting the doctrine of double effect as a solution to this challenge, the chapter invokes the scalar account of legitimacy to respond to this objection.
