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Full-Text Articles in Law
International Law And American Foreign Policy: Revisiting The Law-Versus-Policy Debate, Hengameh Saberi
International Law And American Foreign Policy: Revisiting The Law-Versus-Policy Debate, Hengameh Saberi
Articles & Book Chapters
Confronting significant foreign policy questions, US international lawyers persistently frame their debates as a conflict between law and policy. The article suggests that this opposition, which has defined the US international legal reasoning since World War Two, often leads the debates to a deadlock and constrains the best potential of international law.
Desert And Avoidability In Self-Defence, François Tanguay-Renaud
Desert And Avoidability In Self-Defence, François Tanguay-Renaud
Articles & Book Chapters
Jeff McMahan rejects the relevance of desert to the morality of self-defense. In Killing in War he restates his rejection and adds to his reasons. We argue that the reasons are not decisive and that the rejection calls for further attention, which we provide. Although we end up agreeing with McMahan that the limits of morally acceptable self-defense are not determined by anyone’s deserts, we try to show that deserts may have some subsidiary roles in the morality of self-defense. We suggest that recognizing this might help McMahan to answer some unanswered questions to which his own position gives rise.
The Civilised Self And The Barbaric Other: Imperial Delusions Of Order And The Challenges Of Human Security, Ikechi Mgbeoji
The Civilised Self And The Barbaric Other: Imperial Delusions Of Order And The Challenges Of Human Security, Ikechi Mgbeoji
Articles & Book Chapters
In the aftermath of the military conflicts of 1936 - 45, there seemed to be a global renunciation of war as an instrument of state policy. Shortly thereafter, however, decades of ideological attrition between the major powers and the inherent perversion of postcolonial states reduced the solemn declarations of 1945 to ineffectual rhetoric. Underpinning the decline and demise of a human-centred approach to global peace and security is the enduring notion of the civilised self and the barbaric other. The polarisation of humanity between camps of the savage and the civilised has continued to animate international policy making despite denials. …
The Legality And Legitimacy Of Unilateral Armed Intervention In An Age Of Terror, Neo-Imperialism, And Massive Violations Of Human Rights: Is International Law Evolving In The Right Direction?, Jean-Gabriel Castel
Articles & Book Chapters
When the United Nations was created in 1945, its main purpose was to deal with threats to international peace and security in order to prevent states from waging aggressive wars. Today, especially since 9/11, terrorism, the spread of weapons of mass destruction, and internal conflicts involving massive violations of human rights are some of the new challenges confronting this organization. The Security Council, which is charged with the maintenance of international peace and security, has not been very consistent and quick in addressing these issues. As a result, when it has failed to authorize collective action, some states have resorted …
The African System On Human And Peoples' Rights, Quasi-Constructivism, And The Possibility Of Peacebuilding Within African States, Obiora Chinedu Okafor
The African System On Human And Peoples' Rights, Quasi-Constructivism, And The Possibility Of Peacebuilding Within African States, Obiora Chinedu Okafor
Articles & Book Chapters
This article examines the influence that IHIs (such as the African System on Human and Peoples' Rights) can exert within states, with the facilitative work of local popular forces, and relates that to the possibility of valuable IHI contributions to peacebuilding within deeply fragmented African states. Of all the existing approaches to the study of IHIs, constructivism comes the closest to accounting for the highly significant incidences of IHIjostered (and popular forces-facilitated) 'correspondence' that occurs outside the 'compliance radar'. In this sense the article is a contribution to the growing constructivist human rights and institutional literature sets. In particular the …
Book Review: Democratic Accountability And The Use Of Force In International Law, Obiora C. Okafor
Book Review: Democratic Accountability And The Use Of Force In International Law, Obiora C. Okafor
Articles & Book Chapters
No abstract provided.
Interpreting Intervention, Craig Scott
Interpreting Intervention, Craig Scott
Articles & Book Chapters
The present article, written in May 2001, discusses the significance for the doctrine of humanitarian intervention of the normative signaling practices that transpired throughout the 1990s with respect to the use of military force outside of explicit authorization by UN Security Council resolutions. The first part of the article analyses the sociological and legal-theoretical dimensions of the relationship between interpretation of Security Council resolutions and the interpretive evolution of the UN Charter. Iraq and Kosovo then provide the focus for contextualizing the analysis. The article ends with an account of the interplay of the powers of the General Assembly and …