Human Rights

Human Rights, Intervention, and the Use of Force

Edited by Philip Alston · Euan Macdonald
Oxford University Press September 2008

Specifications

ISBN-13
9780199552726
Publisher
Oxford University Press
Publication
September 2008
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

  • Of huge topical importance in the wake of the Kosovan declaration of independence
  • Examines the foundational challenges of sovereignty, human rights and security in the post 9/11 era
  • Considers the achievability of both procedural and substantive legitimacy for liberal democracies
  • Looks at the impact of national security needs on the development of the international legal regime

The imperatives of sovereignty, human rights and national security very often pull in different directions, yet the relations between these three different notions are considerably more subtle than those of simple opposition. Rather, their interaction may at times be contradictory, at others tense, and at others even complementary. This collection presents an analysis of the irreducible dilemmas posed by the foundational challenges of sovereignty, human rights and security, not merely in terms of the formal doctrine of their disciplines, but also of the manner in which they can be configured in order to achieve persuasive legitimacy as to both methods and results. The chapters in this volume represent an attempt to face up to these dilemmas in all of their complexity, and to suggest ways in which they can be confronted productively both in the abstract and in the concrete circumstances of particular cases.

Readership: Academics, scholars and advanced students in international human rights law and international humanitarian law. Also NGO and UN officials, and those involved in peacekeeping operations.

Table of Contents

1. Sovereignty, Human Rights, Security: Armed Intervention and the Foundational Problems of International Law , Euan Macdonald, Philip Alston
2. Human Rights and State Sovereignty: Have the Boundaries been Significantly Redrawn? , Hélène Ruiz Fabri
3. Human Rights and Collective Security: Is There an Emerging Right of Humanitarian Intervention? , Olivier Corten
4. The Implications of Kosovo for International Human Rights Law , Richard Bilder
5. Can Uses of Force be Illegal but Justified? , Anthea Roberts
6. Intervention in a 'Divided World': Axes of Legitimacy , Nathaniel Berman
7. States of Exception: Regulating Targeted Killing in a "Global Civil War" , Nehal Bhuta
8. The Schizophrenias of R2P , José E. Alvarez

About the Author

Edited by Philip Alston, John Norton Pomeroy Professor of Law, New York University, and Euan Macdonald, Research Officer, Global Administrative Law project, Institute for International Law and Justice, New York University

Contributors: 

Euan Macdonald, Philip Alston
Hélène Ruiz Fabri
Olivier Corten
Richard Bilder
Anthea Roberts
Nathaniel Berman
Nehal Bhuta
José E. Alvarez

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