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From Ideology To Pragmatism: China's Position On Humanitarian Intervention In The Post-Cold War Era, Jonathan E. Davis
From Ideology To Pragmatism: China's Position On Humanitarian Intervention In The Post-Cold War Era, Jonathan E. Davis
Vanderbilt Journal of Transnational Law
This Article fills a gap in the literature by examining in depth China's state practice and official pronouncements in respect of nine post-Cold War cases typically cited by academics when considering the international legal status of humanitarian intervention. The majority of today's commentary and scholarship holds that the People's Republic of China's position on sovereignty and intervention remains inflexible and absolutist, much as it was for the PRC's first four decades. This Article contends that this view is outdated and overly simplistic: while China continues to champion a strong conception of state sovereignty in interstate relations, it has signaled a …
Command Of Sovereignty Gives Way To Concern For Humanity, Christine Ellerman
Command Of Sovereignty Gives Way To Concern For Humanity, Christine Ellerman
Vanderbilt Journal of Transnational Law
This Note examines the legality of humanitarian intervention by tracing the historical justifications for nonintervention through modern interpretations of the U.N. Charter. Events leading to the change in the U.N. stance on humanitarian intervention are discussed. The Note also sets out criteria for justifiable intervention. The Note concludes that intervention can be justified to the extent that it is carried out for humanitarian purposes.
Human Rights And The Belgrade Meeting, Arthur J. Goldberg
Human Rights And The Belgrade Meeting, Arthur J. Goldberg
Vanderbilt Journal of Transnational Law
In September of 1977, President Carter asked me to take on responsibility for what is familiarly called CSCE--the Conference on Security and Cooperation in Europe. Like most Americans, I had previously thought of the CSCE in terms of the Helsinki Summit of 1975 when President Ford signed the document called the Final Act, a lengthy text, not a treaty, but an expression at the highest political level of the commitment of the 35 states of Europe and North America to respect certain principles of interstate behavior, to respect human rights, to build mutual confidence in the military sphere, and to …