Just War or Just Peace ? Humanitarian Intervention and International Law Simon Chesterman

ISBN: 9780199243372

Published: January 25th 2001

Hardcover

328 pages


Description

Just War or Just Peace ?  Humanitarian Intervention and International Law   by  Simon Chesterman

Just War or Just Peace ? Humanitarian Intervention and International Law by Simon Chesterman
January 25th 2001 | Hardcover | PDF, EPUB, FB2, DjVu, audiobook, mp3, RTF | 328 pages | ISBN: 9780199243372 | 9.17 Mb

The question of the legality of humanitarian intervention is 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.MoreThe question of the legality of humanitarian intervention is 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 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 World War II.



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