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Just War or Just Peace?: Humanitarian Intervention and International Law (Oxford Monographs in International Law) - Hardcover
This book asks whether states have the right to intervene in foreign civil conflicts for humanitarian reasons. The UN Charter prohibits state aggression, but many argue that such a right exists as an exception to this rule. Offering a thorough analysis of this issue, the book puts NATO's action in Kosovo in its proper legal perspective.
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About the Author:
Simon Chesterman is Global Professor and Director of the New York University School of Law Singapore Programme, and Vice Dean and Professor of Law at the National University of Singapore.
Review:
"Admirably thorough ... well-researched and articulate arguments." - International Peacekeeping
"Chesterman has written a tour de force that exposes the weaknesses of the arguments supporting a doctrine of unilateral humanitarian intervention in international society ... Chesterman rejects the claim that states have a legal right to act as vigilantes in support of Council resolutions, even if they believe that this is the only means to stop a genocide. The powerfully argued thesis of this scholarly work is that accepting this proposition in law is 'a recipe for bad policy, bad law, and a bad international order'." - International Affairs
Simon Chesterman is Global Professor and Director of the New York University School of Law Singapore Programme, and Vice Dean and Professor of Law at the National University of Singapore.
"Admirably thorough ... well-researched and articulate arguments." - International Peacekeeping
"Chesterman has written a tour de force that exposes the weaknesses of the arguments supporting a doctrine of unilateral humanitarian intervention in international society ... Chesterman rejects the claim that states have a legal right to act as vigilantes in support of Council resolutions, even if they believe that this is the only means to stop a genocide. The powerfully argued thesis of this scholarly work is that accepting this proposition in law is 'a recipe for bad policy, bad law, and a bad international order'." - International Affairs
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- PublisherOxford University Press
- Publication date2001
- ISBN 10 0199243379
- ISBN 13 9780199243372
- BindingHardcover
- Edition number1
- Number of pages326
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JUST WAR OR JUST PEACE?: HUMANIT
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Just War or Just Peace? : Humanitarian Intervention and International Law
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Just War or Just Peace? (Hardcover)
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Book Description Hardcover. Condition: new. Hardcover. The question of the legality of humanitarian intervention is, at first blush, a simple one. The Charter of the United Nations clearly prohibits the use of force, with the only exceptions being self-defence and enforcement actions authorized by the Security Council. There are, however, long-standing arguments that a right of unilateral intervention pre-existed the Charter. This book, winner of an ASIL Certificate of Merit 2002, begins with anexamination of the genealogy of that right, and argues that it might have survived the passage of the Charter, either through a loophole in Article 2(4) or as part of customary international law. It hasalso been argued that certain `illegitimate' regimes lose the attributes of sovereignty and thereby the protection given by the prohibition of the use of force. None of these arguments is found to have merit, either in principle or in the practice of states. A common justification for a right of unilateral humanitarian intervention concerns the failure of the collective security mechanism created after the Second World War. Chapters 4 and 5, therefore, examine SecurityCouncil activism in the 1990s, notable for the plasticity of the circumstances in which the Council was prepared to assert its primary responsibility for international peace and security, and thecontingency of its actions on the willingness of states to carry them out. This reduction of the Council's role from a substantive one to a formal one partly explains the recourse to unilateralism in that decade, most spectacularly in relation to the situation in Kosovo. Crucially, the book argues that such unilateral enforcement is not a substitute for but the opposite of collective action. Though often presented as the only alternative to inaction, incorporating a`right' of intervention would lead to more such interventions being undertaken in bad faith, it would be incoherent as a principle, and it would be inimical to the emergence of an international rule of law. This book critically examines the right of humanitarian intervention. The UN Charter prohibits the unilateral use of force, but there have long been arguments that such a right might exist as an exception to this rule. This book puts NATO's action in Kosovo in its proper legal and historical perspective. This item is printed on demand. Shipping may be from multiple locations in the US or from the UK, depending on stock availability. Seller Inventory # 9780199243372
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Just War or Just Peace? (Hardcover)
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Book Description Hardcover. Condition: new. Hardcover. The question of the legality of humanitarian intervention is, at first blush, a simple one. The Charter of the United Nations clearly prohibits the use of force, with the only exceptions being self-defence and enforcement actions authorized by the Security Council. There are, however, long-standing arguments that a right of unilateral intervention pre-existed the Charter. This book, winner of an ASIL Certificate of Merit 2002, begins with anexamination of the genealogy of that right, and argues that it might have survived the passage of the Charter, either through a loophole in Article 2(4) or as part of customary international law. It hasalso been argued that certain `illegitimate' regimes lose the attributes of sovereignty and thereby the protection given by the prohibition of the use of force. None of these arguments is found to have merit, either in principle or in the practice of states. A common justification for a right of unilateral humanitarian intervention concerns the failure of the collective security mechanism created after the Second World War. Chapters 4 and 5, therefore, examine SecurityCouncil activism in the 1990s, notable for the plasticity of the circumstances in which the Council was prepared to assert its primary responsibility for international peace and security, and thecontingency of its actions on the willingness of states to carry them out. This reduction of the Council's role from a substantive one to a formal one partly explains the recourse to unilateralism in that decade, most spectacularly in relation to the situation in Kosovo. Crucially, the book argues that such unilateral enforcement is not a substitute for but the opposite of collective action. Though often presented as the only alternative to inaction, incorporating a`right' of intervention would lead to more such interventions being undertaken in bad faith, it would be incoherent as a principle, and it would be inimical to the emergence of an international rule of law. This book critically examines the right of humanitarian intervention. The UN Charter prohibits the unilateral use of force, but there have long been arguments that such a right might exist as an exception to this rule. This book puts NATO's action in Kosovo in its proper legal and historical perspective. Shipping may be from our Sydney, NSW warehouse or from our UK or US warehouse, depending on stock availability. Seller Inventory # 9780199243372
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Just War or Just Peace?: Humanitarian Intervention and International Law (Oxford Monographs in International Law)
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