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Intervention in civil wars : effectiveness, legitimacy, and human rights

Intervention in civil wars : effectiveness, legitimacy, and human rights

자료유형
단행본
개인저자
Redaelli, Chiara, author.
서명 / 저자사항
Intervention in civil wars : effectiveness, legitimacy, and human rights / Chiara Redaelli.
발행사항
Oxford, UK ;   New York, NY :   Hart,   2021.  
형태사항
xxxviii, 302 p. ; 25 cm.
총서사항
Studies in international law ;volume 80
ISBN
9781509940547 9781509947058
요약
"This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise. The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts"--
내용주기
Interventions in internal conflicts in the pre-charter era -- Intervention and use of force in the United Nations era -- Interventions by invitation between legitimacy and effectiveness -- Intervention by invitation and governmental (il)legitimacy : rethinking the traditional approaches -- Interventions in favour of governments committing gross and systematic violations of human rights and humanitarian law -- Legitimacy of rebels in international law -- Use of force by and against legitimate rebels : towards the emergence of a jus ad bellum applicable to internal armed conflicts? -- Interventions in favour of rebels and human rights -- Conclusions.
서지주기
Includes bibliographical references and index.
일반주제명
Intervention (International law). Civil War. Humanitarian law. Human rights.
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020 ▼a 9781509947058 ▼q (paperback)
020 ▼z 9781509940561 ▼q (pdf)
020 ▼z 9781509940554 ▼q (epub)
035 ▼a (KERIS)REF000019459721
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050 0 0 ▼a KZ6368 ▼b .R44 2021
082 0 0 ▼a 341.6/8 ▼2 23
084 ▼a 341.68 ▼2 DDCK
090 ▼a 341.68 ▼b R312i
100 1 ▼a Redaelli, Chiara, ▼e author.
245 1 0 ▼a Intervention in civil wars : ▼b effectiveness, legitimacy, and human rights / ▼c Chiara Redaelli.
260 ▼a Oxford, UK ; ▼a New York, NY : ▼b Hart, ▼c 2021.
264 1 ▼a Oxford, UK ; ▼a New York, NY : ▼b Hart Publishing, an imprint of Bloomsbury Publishing, ▼c 2021.
300 ▼a xxxviii, 302 p. ; ▼c 25 cm.
336 ▼a text ▼b txt ▼2 rdacontent
337 ▼a unmediated ▼b n ▼2 rdamedia
338 ▼a volume ▼b nc ▼2 rdacarrier
490 1 ▼a Studies in international law ; ▼v volume 80
504 ▼a Includes bibliographical references and index.
505 0 ▼a Interventions in internal conflicts in the pre-charter era -- Intervention and use of force in the United Nations era -- Interventions by invitation between legitimacy and effectiveness -- Intervention by invitation and governmental (il)legitimacy : rethinking the traditional approaches -- Interventions in favour of governments committing gross and systematic violations of human rights and humanitarian law -- Legitimacy of rebels in international law -- Use of force by and against legitimate rebels : towards the emergence of a jus ad bellum applicable to internal armed conflicts? -- Interventions in favour of rebels and human rights -- Conclusions.
520 ▼a "This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise. The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts"-- ▼c Provided by publisher.
650 0 ▼a Intervention (International law).
650 0 ▼a Civil War.
650 0 ▼a Humanitarian law.
650 0 ▼a Human rights.
830 0 ▼a Studies in international law ; ▼v v. 80.

소장정보

No. 소장처 청구기호 등록번호 도서상태 반납예정일 예약 서비스
No. 1 소장처 중앙도서관/법학도서실(법학도서관 지하1층)/ 청구기호 341.68 R312i 등록번호 111865508 도서상태 대출가능 반납예정일 예약 서비스 B M

컨텐츠정보

목차

PART I
SOVEREIGNTY, INTERVENTION, AND HUMAN RIGHTS: THE EVOLUTION OF A CLOSE RELATIONSHIP
1. Interventions in Internal Conflicts in the Pre-Charter Era
I. The Use of Force as Crucial Prerogative of State Sovereignty: From Bellum Justum Doctrines to the Right to War
A. Just War Doctrines
B. The Right to Wage War
II. The Emergence of the Principle of Non-intervention as Fundamental Rule Protecting Sovereignty
III. Interventions in Internal Conflicts before the General Ban on the Use of Force
IV. Concluding Observations
2. Intervention and Use of Force in the United Nations Era
I. Interventions in Internal Conflicts
II. The Ban on the Use of Force
III. Non-intervention, Sovereignty, and Human Rights
IV. Concluding Observations

PART II
INTERVENTIONS IN FAVOUR OF GOVERNMENTS
3. Interventions by Invitation between Legitimacy and Effectiveness
I. Intervention by Invitation: The Legal Framework
II. Negative Equality or Strict Abstentionism Approach
III. The Purpose-based Approach
IV. Effectiveness Doctrine: De Facto Control as Requisite to Express a Valid Consent
V. Democratic Entitlement Doctrine: The Preference for Democratic Governments
VI. Concluding Observations
4. Intervention by Invitation and Governmental (Il)legitimacy: Rethinking the Traditional Approaches
I. Governmental Legitimacy: Legitimacy of Origin and Legitimacy of Exercise
II. Democratic but Ineffective Governments
III. Undemocratic Regimes and Effectiveness
IV. The Role of Domestic Constitutional Orders in International Law
V. Concluding Observations
5. Interventions in Favour of Governments Committing Gross and Systematic Violations of Human Rights
and Humanitarian Law
I. Protection of Individuals and Legitimacy: Framing the Discussion
II. Illegitimate Governments and the Question of Consent Power
III. Limitations to the Possibility to Intervene in Favour of Governments that Commit Gross and Systematic
Violations of Human Rights
IV. Humanitarian Assistance and the Consent of the Government
V. Concluding Observations

PART III
INTERVENTIONS IN FAVOUR OF REBELS
6. Legitimacy of Rebels in International Law
I. National Liberation Movements as Legitimate Representatives of a People
II. Legitimising Rebels Outside the Decolonisation Context: New Wine in Old Bottles?
III. Concluding Observations
7. Use of Force by and against Legitimate Rebels: Towards the Emergence of a Jus ad Bellum Applicable to Internal Armed Conflicts?
I. State Use of Force and Legitimate Rebels
II. Legitimate Rebels and the Use of Force
III. Concluding Observations
8. Interventions in Favour of Rebels and Human Rights
I. Rebels'' Recognition and Foreign Interventions
II. Helping Rebels in the Exercise of their Right to Self-determination
III. Responsibility to Protect and Interventions in Favour of Rebels
IV. Concluding Observations
9. Conclusions
I. The Shift from Legitimacy to Effectiveness and Back
II. The Dangers of Legitimacy
III. A Final Word

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