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Intervention in Civil Wars: Effectiveness, Legitimacy, and Human Rights


ISBN13: 9781509940547
Published: February 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £95.00
Paperback edition , ISBN13 9781509947058



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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This book investigates the extent to which traditional international law regulating foreign interventions in internal conflicts has been affected by the human rights paradigm. Since the adoption of the Charter of the United Nations, foreign armed interventions in internal conflicts have turned into a common practice. At first sight, it might seem that state practice has developed in a chaotic fashion, however on closer examination, specific patterns emerge. The book charts these patterns by examining the traditional doctrines of intervention and testing them against state practise.

The book has two aims. Firstly, it seeks to clarify the current legal framework regulating interventions in internal conflicts. Secondly, it plots the emergence of new trends and investigates whether they are becoming part of positive international law. By taking this dual focus, it offers the first truly comprehensive examination of foreign interventions in internal conflicts.

Subjects:
Public International Law
Contents:
PART I. SOVEREIGNTY, INTERVENTION, AND HUMAN RIGHTS: THE EVOLUTION OF A CLOSE RELATIONSHIP
1. Interventions in Internal Conflicts in the Pre-Charter Era
I. The Use of Force as Crucial Prerogative of State Sovereignty: From Bellum Justum Doctrines to the Right to War
A. Just War Doctrines
B. The Right to Wage War
II. The Emergence of the Principle of Non-intervention as Fundamental Rule Protecting Sovereignty
III. Interventions in Internal Conflicts before the General Ban on the Use of Force
IV. Concluding Observations
2. Intervention and Use of Force in the United Nations Era
I. Interventions in Internal Conflicts
II. The Ban on the Use of Force
III. Non-intervention, Sovereignty, and Human Rights
IV. Concluding Observations
PART II. INTERVENTIONS IN FAVOUR OF GOVERNMENTS
3. Interventions by Invitation between Legitimacy and Effectiveness
I. Intervention by Invitation: The Legal Framework
II. Negative Equality or Strict Abstentionism Approach
III. The Purpose-based Approach
IV. Effectiveness Doctrine: De Facto Control as Requisite to Express a Valid Consent
V. Democratic Entitlement Doctrine: The Preference for Democratic Governments
VI. Concluding Observations
4. Intervention by Invitation and Governmental (Il)legitimacy: Rethinking the Traditional Approaches
I. Governmental Legitimacy: Legitimacy of Origin and Legitimacy of Exercise
II. Democratic but Ineffective Governments
III. Undemocratic Regimes and Effectiveness
IV. The Role of Domestic Constitutional Orders in International Law
V. Concluding Observations
5. Interventions in Favour of Governments Committing Gross and Systematic Violations of Human Rights
and Humanitarian Law
I. Protection of Individuals and Legitimacy: Framing the Discussion
II. Illegitimate Governments and the Question of Consent Power
III. Limitations to the Possibility to Intervene in Favour of Governments that Commit Gross and Systematic
Violations of Human Rights
IV. Humanitarian Assistance and the Consent of the Government
V. Concluding Observations
PART III. INTERVENTIONS IN FAVOUR OF REBELS
6. Legitimacy of Rebels in International Law
I. National Liberation Movements as Legitimate Representatives of a People
II. Legitimising Rebels Outside the Decolonisation Context: New Wine in Old Bottles?
III. Concluding Observations
7. Use of Force by and against Legitimate Rebels: Towards the Emergence of a Jus ad Bellum Applicable to Internal Armed Conflicts?
I. State Use of Force and Legitimate Rebels
II. Legitimate Rebels and the Use of Force
III. Concluding Observations
8. Interventions in Favour of Rebels and Human Rights
I. Rebels' Recognition and Foreign Interventions
II. Helping Rebels in the Exercise of their Right to Self-determination
III. Responsibility to Protect and Interventions in Favour of Rebels
IV. Concluding Observations
9. Conclusions
I. The Shift from Legitimacy to Effectiveness and Back
II. The Dangers of Legitimacy
III. A Final Word

Series: Hart Studies in International Law

Intervention in Civil Wars: Effectiveness, Legitimacy, and Human Rights ISBN 9781509947058
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Complicity in International Criminal Law ISBN 9781509928903
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Economic Sanctions and International Law ISBN 9781509927524
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Complicity and its Limits in the Law of International Responsibility ISBN 9781509926770
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Human Rights and Drug Control: The False Dichotomy ISBN 9781509926435
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Security and International Law ISBN 9781509924752
Published October 2018
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Human Rights Obligations of Non-State Armed Groups ISBN 9781509924431
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Diplomatic Interference and the Law ISBN 9781509924592
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Law's Impunity: Responsibility and the Modern Private Military Company ISBN 9781509918393
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Non-State Actors in International Law ISBN 9781509917839
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The Contractual Nature of the Optional Clause ISBN 9781509917686
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Arctic Law and Governance: The Role of China and Finland ISBN 9781849467025
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£90.00
Arctic Law and Governance: The Role of China and Finland (eBook) ISBN 9781509911493
Published February 2017
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£31.49
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International Law and Child Soldiers ISBN 9781509913831
Published January 2017
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£31.99
Complicity in International Criminal Law (eBook) ISBN 9781509900091
Published December 2016
Hart Publishing
£29.69
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Complicity in International Criminal Law ISBN 9781509900084
Published December 2016
Hart Publishing
£85.00
Economic Sanctions and International Law ISBN 9781849465908
Published October 2016
Special offer (limited stock)
£95.00
Corruption and Human Rights Law in Africa ISBN 9781509908455
Published September 2016
Hart Publishing
£32.99
£35.99
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Complicity and its Limits in the Law of International Responsibility ISBN 9781782259404
Published September 2016
Hart Publishing
£95.00
Human Rights and Drug Control: The False Dichotomy ISBN 9781849467063
Published August 2016
Hart Publishing
£90.00
Human Rights and Drug Control: The False Dichotomy (eBook) ISBN 9781509901135
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Hart Publishing
£31.49
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Security and International Law (eBook) ISBN 9781782255895
Published June 2016
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£35.09
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Security and International Law ISBN 9781849466349
Published June 2016
Hart Publishing
£95.00
Human Rights Obligations of Non-State Armed Groups ISBN 9781509901630
Published May 2016
Hart Publishing
£90.00
Human Rights Obligations of Non-State Armed Groups (eBook) ISBN 9781509901654
Published May 2016
Hart Publishing
£33.29
(ePub)
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Diplomatic Interference and the Law (eBook) ISBN 9781509902781
Published April 2016
Hart Publishing
£37.79
(ePub)
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Diplomatic Interference and the Law ISBN 9781849464369
Published April 2016
Hart Publishing
£95.00
Law's Impunity: Responsibility and the Modern Private Military Company (eBook) ISBN 9781782259626
Published September 2015
Hart Publishing
£30.59
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Law's Impunity: Responsibility and the Modern Private Military Company ISBN 9781849465168
Published September 2015
Hart Publishing
£85.00
Statelessness: The Enigma of the International Community ISBN 9781849469692
Published August 2015
Hart Publishing
£33.99
Non-State Actors in International Law ISBN 9781849465113
Published August 2015
Hart Publishing
£160.00
Non-State Actors in International Law (eBook) ISBN 9781509901869
Published August 2015
Hart Publishing
£67.49
(ePub)
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The Contractual Nature of the Optional Clause (eBook) ISBN 9781509901449
Published July 2015
Hart Publishing
£37.79
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The Contractual Nature of the Optional Clause ISBN 9781849468664
Published July 2015
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International Law and Child Soldiers ISBN 9781849465205
Published January 2015
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International Law and Child Soldiers (eBook) ISBN 9781782254348
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£28.79
(ePub)
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Corruption and Human Rights Law in Africa (eBook) ISBN 9781782254539
Published July 2014
Hart Publishing
£29.69
(ePub)
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Corruption and Human Rights Law in Africa ISBN 9781849466370
Published July 2014
Hart Publishing
£85.00
Statelessness: The Enigma of the International Community (eBook) ISBN 9781782253747
Published April 2014
Hart Publishing
£30.59
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Statelessness: The Enigma of the International Community ISBN 9781849465076
Published April 2014
Hart Publishing
£95.00
International Law and the Construction of the Liberal Peace ISBN 9781849462440
Published July 2013
Hart Publishing
£85.00
International Law and the Construction of the Liberal Peace (eBook) ISBN 9781782251774
Published July 2013
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£76.50
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An Equitable Framework for Humanitarian Intervention (eBook) ISBN 9781782251279
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Hart Publishing
£85.50
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An Equitable Framework for Humanitarian Intervention ISBN 9781849464048
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Europe and Extraterritorial Asylum ISBN 9781849462709
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Europe and Extraterritorial Asylum (eBook) ISBN 9781847319074
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Promises of States under International Law ISBN 9781849462327
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Promises of States under International Law (eBook) ISBN 9781847318787
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Accounting for Hunger: The Right to Food in the Era of Globalization ISBN 9781849462266
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The Militarisation of Peacekeeping in the Twenty-First Century ISBN 9781849461146
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The Militarisation of Peacekeeping in the Twenty-First Century (eBook) ISBN 9781847318183
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International Humanitarian Law and Terrorism ISBN 9781849461375
Published July 2011
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Multi-Sourced Equivalent Norms in International Law ISBN 9781849461450
Published March 2011
Hart Publishing
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Multi-Sourced Equivalent Norms in International Law (eBook) ISBN 9781847317827
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Reflections on the UN Declaration on the Rights of Indigenous Peoples ISBN 9781841138787
Published January 2011
Hart Publishing
£90.00
Contracting with Sovereignty: State Contracts and International Arbitration ISBN 9781841136578
Published January 2011
Hart Publishing
£95.00
Human Dignity and the Foundations of International Law (eBook) ISBN 9781847318060
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£34.19
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Human Dignity and the Foundations of International Law ISBN 9781849460897
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Africa: Mapping New Boundaries in International Law
Edited by: Jeremy Levitt
ISBN 9781849461177
Published June 2010
Hart Publishing
£39.99
The Democratic Legitimacy of International Law ISBN 9781841138176
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Sovereignty and the Stateless Nation: Gibraltar in the Modern Legal Context ISBN 9781841139166
Published October 2009
Hart Publishing
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Human Dignity and the Foundations of International Law ISBN 9781841133577
Published June 2009
Hart Publishing
£85.00
Counterterrorism: Democracy’s Challenge ISBN 9781841138183
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Hart Publishing
£100.00
Africa: Mapping New Boundaries in International Law
Edited by: Jeremy Levitt
ISBN 9781841136189
Published March 2008
Hart Publishing
£95.00
Forced Migration, Human Rights and Security
Edited by: Jane McAdam
ISBN 9781841137704
Published March 2008
Hart Publishing
£80.00
Human Security and International Law: Prospects and Problems ISBN 9781841136103
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Hart Publishing
£85.00
Biotechnologies and International Human Rights ISBN 9781841137032
Published February 2007
Hart Publishing
£120.00
Transnational Corporations and Human Rights ISBN 9781841136530
Published September 2006
Hart Publishing
£140.00
Biotechnology and International Law ISBN 9781841136318
Published June 2006
Hart Publishing
£130.00
Predictability and Flexibility in the Law of Maritime Delimitation ISBN 9781841135816
Published May 2006
Hart Publishing
Out of print
£49.99
Enforcing International Law Norms Against Terrorism
Edited by: Andrea Bianchi
ISBN 9781841135663
Published November 2005
Hart Publishing
£69.99
Regional Organisations and Development of Collective Security ISBN 9781841134802
Published November 2004
Hart Publishing
£95.00
Enforcing International Law Norms Against Terrorism
Edited by: Andrea Bianchi
ISBN 9781841134307
Published July 2004
Hart Publishing
£150.00
The Permanent International Criminal Court ISBN 9781841132815
Published March 2004
Hart Publishing
£90.00
The Chapter VII Powers of the United Nations Security Council ISBN 9781841134222
Published January 2004
Hart Publishing
£130.00
Toxics and Transnational Law: International and European Regulation of Toxic Substances as Legal Symbolism
Marc PallemaertsVrije Universiteit Brussel, Brussels and Universite Libre de Bruxelles, Brussels
ISBN 9781841131290
Published June 2003
Hart Publishing
£190.00
Between Light and Shadow ISBN 9781841133904
Published March 2003
Hart Publishing
£95.00