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Human Rights Intervention And The Use Of Force Collected Courses Of The Academy Of European Law Free Download eBook in PDF and EPUB. You can find writing review for Human Rights Intervention And The Use Of Force Collected Courses Of The Academy Of European Law and get all the book for free.

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This collection presents an analysis of the imperatives of sovereignty, human rights and national security in the post 9/11 era, and examines their relationship to procedural and substantive legitimacy in liberal democratic states

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This book aims to resolve the dilemma regarding whether armed intervention as a response to gross human rights violations is ever legally justified without Security Council authorisation. Thus far, international lawyers have been caught between giving a negative answer on the basis of the UN Charter's rules ('positivists'), and a 'turn to ethics', declaring intervention legitimate on moral grounds, while eschewing legal analysis ('moralists'). In this volume, a third solution is proposed. The idea is presented that many equitable principles may qualify as 'general principles of law recognised by civilised nations' - one of the three principal sources of international law (though a category that is often overlooked) - a conclusion based upon detailed research of both national legal systems and international law. These principles, having normative force in international law, are then used to craft an equitable framework for humanitarian intervention. It is argued that the dynamics of their operation allow them to interact with the Charter and customary law in order to fill gaps in the existing legal structure and soften the rigours of strict law in certain circumstances. It is posited that many of the moralists' arguments are justified, albeit based upon firm legal principles rather than ethical theory. The equitable framework proposed is designed to provide an answer to the question of how humanitarian intervention may be integrated into the legal realm. Certainly, this will not mean an end to controversies regarding concrete cases of humanitarian intervention. However, it will enable the framing of such controversies in legal terms, rather than as a choice between the law and morality. '...has potential to become one of the most important books in public international law of the decade, or in a generation'. Martin Scheinin, Professor of Public International Law, European University Institute, Florence

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The Yearbook of the European Convention on Human Rights, edited by the Directorate General of Human Rights and Legal Affairs, is an indispensable record of the development and impact of the world s oldest binding international human rights treaty. It reviews the implementation of the Convention both by the European Court of Human Rights and in national legislation and practice. The Yearbook includes: Full text of any new protocols to the Convention as they are opened for signature, together with the state of signatures and ratifications. Full listing of Court judgments; judgments broken down by subject-matter; and extensive summaries of key judgments handed down by the Court during the year. Selected human rights (DH) resolutions adopted as part of the Committee of Ministers work supervising the execution of the Court s judgments. Enquiries by the Secretary General carried out under Article 52 of the Convention. Other work of the Council of Europe connected with the European Convention on Human Rights, carried out by the Committee of Ministers, the Parliamentary Assembly, and the Directorate General of Human Rights. A summary survey of the implementation in certain member states of the Convention in the form of both legislation and case-law. Bibliographic information from the library of the European Court of Human Rights. The Yearbook is published in an English-French bilingual edition.

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Since the end of the Cold War, the international community, and the USA in particular, has intervened in a series of civil conflicts around the world. In a number of cases, where actions such as economic sanctions or diplomatic pressures have failed, military interventions have been undertaken. This 1999 book examines four US-sponsored interventions (Panama, Somalia, Haiti and Bosnia), focusing on efforts to reconstruct the state which have followed military action. Such nation-building is vital if conflict is not to recur. In each of the four cases, Karin von Hippel considers the factors which led the USA to intervene, the path of military intervention, and the nation-building efforts which followed. The book seeks to provide a greater understanding of the successes and failures of US policy, to improve strategies for reconstruction, and to provide some insight into the conditions under which intervention and nation-building are likely to succeed.

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The imperatives of sovereignty, human rights and national security very often pull in different directions, yet the relations between these three different notions are considerably more subtle than those of simple opposition. Rather, their interaction may at times be contradictory, at others tense, and at others even complementary. This collection presents an analysis of the irreducible dilemmas posed by the foundational challenges of sovereignty, human rights and security, not merely in terms of the formal doctrine of their disciplines, but also of the manner in which they can be configured in order to achieve persuasive legitimacy as to both methods and results. The chapters in this volume represent an attempt to face up to these dilemmas in all of their complexity, and to suggest ways in which they can be confronted productively both in the abstract and in the concrete circumstances of particular cases.

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The international rules governing the use of force in international relations have been under pressure in recent years. They have on several occasions been challenged by states' practice, be it through actual acts (for example, in the case of Kosovo 1999, Afghanistan 2001, and Iraq 2003) or in statements (such as the 2002 US National Security Strategy). A fundamental question concerns how international law reacts to such challenges. Does is disintegrate or does it adapt to the new circumstances? This book focuses on the intersection of two central and challenging issues in international law. The first concerns the ways in which such normative frameworks change, evolve, or are modified in international law. The second concerns the extent to which the basic norms governing the use of force against terrorists have changed significantly since the attacks on New York and Washington DC in 2001. The book examines the relationship between a treaty and subsequent challenging claims and acts by states. It is found that practice subsequent to a treaty may be central to the interpretation of the treaty or may in fact cause an informal modification of the treaty. In addition, the exact operation of subsequent practice is identified. A number of incidents involving the use of force against terrorists are described. These examples of state practice and the reactions are then analyzed in order to determine their effect on international law, in particular in the areas requiring state involvement, the definition of an armed attack, the issues of necessity and proportionality, and the state of necessity excuse. This book is the author's Ph.D. thesis that was submitted and defended at the European University Institute in Florence, Italy.

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