Author: John-Mark Iyi
Publisher: Springer
ISBN: 3319236245
Category : Law
Languages : en
Pages : 352
Get Book Here
Book Description
The book reconciles the conflicts and legal ambiguities between African Union and ECOWAS law on the use of force on the one hand, and the UN Charter and international law on the other hand. In view of questions relating to African Union and UN relationship in the maintenance of international peace and security in Africa in recent years, the book examines the legal issues involved and how they can be resolved. By explaining the legal theory underpinning the validity of the AU-ECOWAS laws, the work provides a legal basis for the adoption of the AU-ECOWAS laws as the frameworks for the implementation of the R2P in Africa.
Author: Dan Kuwali
Publisher: Martinus Nijhoff Publishers
ISBN: 9004191712
Category : Political Science
Languages : en
Pages : 553
Get Book Here
Book Description
"Explores the scope and limits of Article 4(h) of the African Union Constitutive Act"--Introd.
Author: Olivier Corten
Publisher: Bloomsbury Publishing
ISBN: 1509949003
Category : Law
Languages : en
Pages : 790
Get Book Here
Book Description
Praise for previous edition: “...a comprehensive, meticulously-researched study of contemporary international law governing the use of armed force in international relations...' Andrew Garwood-Gowers, Queensland University of Technology Law Review, Volume 12(2) When this first English language edition of The Law Against War published it quickly established itself as a classic. Detailed, analytically rigorous and comprehensive, it provided an indispensable guide to the legal framework regulating the use of force. Now a decade on the much anticipated new edition brings the work up to date. It looks at new precedents arising from the Arab Spring; the struggle against the "Islamic State" in Iraq and Syria; and the conflicts in Ukraine and Yemen. It also reflects the new doctrinal debates surrounding recent state practice. Previous positions are reconsidered and in some cases revised, notably the question of consensual intervention and the very definition of force, particularly, to accommodate targeted extrajudicial executions and cyber-operations. Finally, the new edition provides detailed coverage of the concept of self-defense, reflecting recent interpretations of the International Court of Justice and the ongoing controversies surrounding its definition and interpretation.
Author: Simon Chesterman
Publisher: OUP Oxford
ISBN: 0191021814
Category : Law
Languages : en
Pages : 326
Get Book Here
Book Description
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, which won the ASIL Certificate of Merit in 2002, begins with an examination of the genealogy of that right, and arguments 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 has also 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 Security Council 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 the contingency of its actions on the willingness of states to carry them out. This reduction of the Council's role from substantive to formal 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.
Author: Tom Maina Kabau
Publisher:
ISBN: 9781361318850
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
This dissertation, "Forceful Intervention for Human Rights Protection in Africa: Resolving Systemic Dilemmas in the Implementation of the African Union''s Right of Intervention" by Tom Maina, Kabau, was obtained from The University of Hong Kong (Pokfulam, Hong Kong) and is being sold pursuant to Creative Commons: Attribution 3.0 Hong Kong License. The content of this dissertation has not been altered in any way. We have altered the formatting in order to facilitate the ease of printing and reading of the dissertation. All rights not granted by the above license are retained by the author. Abstract: This thesis examines the legal and political dilemmas in the implementation of the African Union''s (AU) ''right'' of forceful intervention through a systemic method of analysis. It first addresses the question of whether the AU''s intervention system represents a paradigm shift in international law on intervention and the authorization role of the United Nations. It examines whether there is a justifiable basis for the implementation of the AU''s intervention mandate outside the UN system, while taking into account the necessity of the international rule of law. It then analyzes the manner in which the failure to institutionalize the concept of sovereignty as responsibility within the AU system has contributed to the Union''s failure to implement its intervention mandate even within the UN system. The AU''s legal framework expressly grants the Union the mandate to forcefully intervene in a member state in situations of genocide, crimes against humanity and war crimes. However, the failure of the AU''s legal framework to explicitly require authorization by the Security Council for intervention (as required by the UN Charter) has led to uncertainty on the envisaged implementation mechanism, including allegations of its inconsistency with the UN Charter and international law. The Security Council may, however, be ineffective in granting authorization due to the use of the veto. There is, therefore, the question of whether the AU''s legal framework exemplifies the crystallization of a customary law permitting humanitarian intervention, or is consensual (since African states have agreed by treaty to such intervention) and consequently, Security Council authorization is not mandatory. The core argument of this thesis is that although the necessity for the international rule of law restricts African Union''s forceful interventions to United Nations authorized enforcement action, robust intervention by the Union within that framework is compromised by a systemic failure of institutionalization of the concept of sovereignty as responsibility. This thesis recommends that for robust implementation of the African Union''s intervention mandate within the UN system, alternative authorization from the General Assembly be sought where the Security Council is ineffective. However, implementation of the AU''s intervention mandate within the UN framework is compromised by continued concerns of protecting traditional concepts of unfettered sovereignty. This is evident in non-intervention oriented clauses within the AU''s legal framework (which negate the intervention mandate) and the Union''s practice of opposing forceful interventions like in the case of Libya. Possible solutions to that predicament are examined. A systemic method of analysis is utilized in this thesis since there is an interaction of various legal norms within the AU system, in addition to the system''s interaction with environmental factors such as politics and increasing global interdependence, while it is also subject to the UN and international law systems. The significance of the research is in identifying legal, policy and contextual factors that can transform the AU into an effective regional mechanism for institutionalization of the rule of law within the African region (by deterring gross human rights violations) while safeguarding the values of the
Author: Mourtada Deme
Publisher: Routledge
ISBN: 1135498873
Category : Political Science
Languages : en
Pages : 194
Get Book Here
Book Description
International law is often manipulated in the debate about humanitarian intervention. The Liberian case provides an opportunity to challenge the UN and The Economic Community of West African States' (ECOWAS') new approach. ECOWAS and the UN's justifications for moving away from the current norms are flawed. No enlightened person would disagree with the values of peace, democracy, human rights, and economic development. This book, however, explores whether these goals be pursued within the current framework or outside it.
Author: Francis Kofi Abiew
Publisher: BRILL
ISBN: 9004642617
Category : Law
Languages : en
Pages : 325
Get Book Here
Book Description
The topic of humanitarian intervention has become increasingly significant since the end of the Cold War. Despite a substantial body of literature on the subject in the past, recent developments justify a contemporary study of the subject. This book is not only timely, given the crises which have occasioned United Nations interventions over the past several years, but enduring, as international political structures undergo stress and reform, and as international law and international relations theorists grapple with the sovereignty/intervention problem. It defends the emergence of a right of humanitarian intervention and argues that state sovereignty is not incompatible with humanitarian intervention. After a thorough review of historical precedents, the book concludes by assessing contemporary developments in terms of sources of support for intervention on humanitarian grounds.
Author: Marco Roscini
Publisher: Oxford University Press
ISBN: 0191090573
Category : Law
Languages : en
Pages : 590
Get Book Here
Book Description
The principle of non-intervention in the domestic affairs of states is one of the most venerable principles of international law. Although not expressly mentioned in the Charter of the United Nations, at least as an inter-state prohibition, the principle currently appears in a plethora of treaties and UN General Assembly resolutions and has been invoked like a mantra by states of all geographical and political denominations. Despite this, the determination of its exact content has remained an enigma. International Law and the Principle of Non-Intervention: History, Theory, and Interactions with Other Principles solves this enigma by exploring what constitutes an 'intervention' in international law and when interventions are unlawful. These questions are approached from three different perspectives, which are reflected in the book's structure: historical, theoretical, and systematic. Through a comprehensive survey of primary documents and of over 200 cases of intervention from the mid-18th century to the present day, as well as an extensive literature search, this work provides an in-depth analysis of the principle of non-intervention which links it to fundamental notions of international law, including sovereignty, use of force, self-determination, and human rights protection.
Author: Eliav Lieblich
Publisher: Routledge
ISBN: 0415507901
Category : History
Languages : en
Pages : 305
Get Book Here
Book Description
This book examines the international law of forcible intervention in civil wars, in particular the role of party-consent in affecting the legality of such intervention. In modern international law, it is a near consensus that no state can use force against another - the main exceptions being self-defence and actions mandated by a UN Security Council resolution. However, one more potential exception exists: forcible intervention undertaken upon the invitation or consent of a government, seeking assistance in confronting armed opposition groups within its territory. Although the latter exception is of increasing importance, the numerous questions it raises have received scant attention in the current body of literature. This volume fills this gap by analyzing the consent-exception in a wide context, and attempting to delineate its limits, including cases in which government consent power is not only negated, but might be transferred to opposition groups. The book also discusses the concept of consensual intervention in contemporary international law, in juxtaposition to traditional legal doctrines. It traces the development of law in this context by drawing from historical examples such as the Spanish Civil War, as well as recent cases such those of the Democratic Republic of the Congo, Somalia, Libya, and Syria. This book will be of much interest to students of international law, civil wars, the Responsibility to Protect, war and conflict studies, and IR in general.
Author: Seyfullah Hasar
Publisher: BRILL
ISBN: 9004510451
Category : Law
Languages : en
Pages : 403
Get Book Here
Book Description
Examining the legality of foreign military intervention in internal conflicts with the consent of the government, this book analyses a to-the-point account of post-Cold War State practice with more than 45 incidents of such interventions on a scale neglected in current scholarship.
