International Law Law

International Law and the Principle of Non-Intervention: History, Theory, and Interactions with Other Principles

By Marco Roscini
Oxford University Press June 2024

Specifications

ISBN-13
9780198786894
Publisher
Oxford University Press
Publication
June 2024
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

The principle of non-intervention in the domestic affairs of states is one of the most venerable principles of international law. Although not expressly mentioned in the Charter of the United Nations, at least as an inter-state prohibition, the principle currently appears in a plethora of treaties and UN General Assembly resolutions and has been invoked like a mantra by states of all geographical and political denominations. Despite this, the determination of its exact content has remained an enigma.

International Law and the Principle of Non-Intervention: History, Theory, and Interactions with Other Principles solves this enigma by exploring what constitutes an 'intervention' in international law and when interventions are unlawful. These questions are approached from three different perspectives, which are reflected in the book's structure: historical, theoretical, and systematic. Through a comprehensive survey of primary documents and of over 200 cases of intervention from the mid-18th century to the present day, as well as an extensive literature search, this work provides an in-depth analysis of the principle of non-intervention which links it to fundamental notions of international law, including sovereignty, use of force, self-determination, and human rights protection.

Table of Contents

Introduction
I:The Development of the Principle of Non-Intervention from the End of the Religious Wars in Europe to the Outbreak of the Second World War
II:The Principle of Non-Intervention in the Framework of the Sources of Contemporary International Law and in the Current Scholarly Debate
III:The Content of the Principle of Non-Intervention
IV:The Application of the Principle of Non-Intervention in Civil Strife and the Role of Consent
V:The Interaction Between the Principle of Non-Intervention and that of Internal Self-Determination
VI:The Interaction Between the Principle of Non-Intervention and That of External Self-Determination
VII:The Interaction Between the Principle of Non-Intervention and Respect for International Human Rights Law and International Humanitarian Law
VIII:The Principle of Non-Intervention in the Information Age: Cyber Operations as a New Means of Coercion in the Domestic Affairs of States
General Conclusions
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