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Full-Text Articles in Law
The Complexities Of Humanitarian Intervention: A New World Order Challenge, Richard Falk
The Complexities Of Humanitarian Intervention: A New World Order Challenge, Richard Falk
Michigan Journal of International Law
The interplay between juridical support for norms of non-intervention and the actualities of interventionary diplomacy is an integral feature of a world of sovereign, yet unequal, states pursuing diverse goals. Pointing in one direction is the juridical stress on sovereignty, reinforced by spatial notions of territorial supremacy within fixed boundaries, which provides the doctrinal underpinnings of non-interventionism. Pointing in the other direction is the effort to project power and influence beyond territorial sovereignty, virtually a definition of what distinguishes a great power from an ordinary state, which creates the geopolitical pressures that result in intervention in the internal and external …
Collective Humanitarian Intervention, Fernando R. Tesón
Collective Humanitarian Intervention, Fernando R. Tesón
Michigan Journal of International Law
This article discusses collective intervention authorized by the Security Council, with a special emphasis on the concept of exclusive domestic jurisdiction. Part I first examines the different meanings of the notoriously ambiguous word "intervention." Because the legitimacy of collective intervention will depend in part on whether or not the matter falls within the domestic jurisdiction of the target state, Part II will then discuss contemporary views of domestic jurisdiction. Finally, Parts III and IV discuss collective humanitarian intervention under the principles of the U.N. Charter and examine the practice of the Security Council since the end of the Cold War. …