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Vol 21 No 9 Sept/Oct 2016

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International Law and the Construction of the Liberal Peace

ISBN13: 9781849462440
Published: July 2013
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £50.00

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This book argues that since the end of the Cold War an international community of liberal states has crystallised within the broader international society of sovereign states. Significantly, this international community has demonstrated a tendency to deny non-liberal states their previously held sovereign right to non-intervention.

Instead, the international community considers only those states that demonstrate respect for liberal democratic standards to be sovereign equals. Indeed the international community, motivated by the theory that international peace and security can be only achieved in a world composed of exclusively liberal states, has engaged in a sustained campaign to promote its liberal values to non-liberal states. This campaign has had (and continues to have) a profound impact upon the structure and content of international law.

In light of this, this book deploys the concepts of the international society and the international community in order to construct an explanatory framework that can enable us to better understand recent changes to the political and legal structure of the world order and why violations of international peace and security occur.

Public International Law
Introduction PART 1 1: The International Society and the International Community 1. Introduction 2. The International Society 3. The International Community 3.1 Liberalism and Legitimate Statehood 3.2 Illegitimacy and the Denial of Sovereignty 3.3 Disintegration of the International Community: Iraq 2003 4. Conclusion 2: The Role of International Law in the International Society and the International Community 1. Introduction 2. The International Society and International Law 2.1 The Principle of Non-Intervention 2.2 The Use of Force Prohibition 3. The International Community and International Law 3.1 Adapting Existing Principles of International Law 3.2 The Development of New Legal Rules and Concepts 4. Conclusion 3: The International Community and the Liberal Peace 1. Introduction 2. The Liberal Peace Thesis 3. Non-Liberal States and the State of Aggression 3.1 Case Study: Contrasting the US's Differing Responses to India and Iran's Nuclear Programmes 4. Quantifying and Prioritising Threats to the International Community 5. Conclusion 4: The International Community and the Security Council 1. Introduction 2. The Cold War Years: Protecting State Sovereignty 3. Post-Cold War: Promoting Liberal Democracy 3.1 Promoting Human Rights: Iraq (1991), Somalia (1993) and Libya (2011) 3.2 Promoting Democracy: Haiti (1994) and Sierra Leone (1997) 4. Conclusion PART 2 125 5: The International Society and Peacekeeping 1. Introduction 2. Inter-State Peacekeeping and the Trinity of Virtues 2.1 The Trinity of Virtues: Consent, Neutrality and the Use of Force Only in Self-Defence 3. Intra-State Peacekeeping 3.1 Congo: ONUC 3.2 Cyprus: UNFICYP 4. Conclusion 6: The International Community and Peacebuilding 1. Introduction 2. The UN and Peacebuilding 2.1 Kosovo and East Timor: Historical Background 2.2 Independence, Declarations of Independence and Beyond 3. Afghanistan and the 'Light Footprint' Approach 3.1 The Bonn Agreement 3.2 The Implementation of Bonn and the United Nations Assistance Mission in Afghanistan (UNAMA) 3.3 Operation Enduring Freedom, ISAF and Provincial Reconstruction Teams 3.4 Funding 4. Conclusion 7: The International Community and the Occupation of Iraq 1. Introduction 2. The Coalition Provisional Authority and the Liberal Reconstruction of Iraq 3. The Law of Occupation as a Product of the International Society 3.1 Hague Regulations 3.2 Fourth Geneva Convention 4. Alternative Sources of Authority 4.1 Debellatio 4.2 IGC and the Issue of Iraqi Consent 4.3 International Human Rights Law 4.4 Security Council Resolution 1483 5. Conclusion Conclusion