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OverviewThe question of the legality of humanitarian intervention is, at first blush, a simple one. The Charter of the United Nations clearly prohibits the use of force, with the only exceptions being self-defence and enforcement actions authorized by the Security Council. There are, however, long-standing arguments that a right of unilateral intervention pre-existed the Charter. This book, winner of an ASIL Certificate of Merit 2002, begins with an examination of the genealogy of that right, and argues that it might have survived the passage of the Charter, either through a loophole in Article 2(4) or as part of customary international law. It has also been argued that certain `illegitimate' regimes lose the attributes of sovereignty and thereby the protection given by the prohibition of the use of force. None of these arguments is found to have merit, either in principle or in the practice of states. A common justification for a right of unilateral humanitarian intervention concerns the failure of the collective security mechanism created after the Second World War. Chapters 4 and 5, therefore, examine Security Council activism in the 1990s, notable for the plasticity of the circumstances in which the Council was prepared to assert its primary responsibility for international peace and security, and the contingency of its actions on the willingness of states to carry them out. This reduction of the Council's role from a substantive one to a formal one partly explains the recourse to unilateralism in that decade, most spectacularly in relation to the situation in Kosovo. Crucially, the book argues that such unilateral enforcement is not a substitute for but the opposite of collective action. Though often presented as the only alternative to inaction, incorporating a `right' of intervention would lead to more such interventions being undertaken in bad faith, it would be incoherent as a principle, and it would be inimical to the emergence of an international rule of law. Full Product DetailsAuthor: Simon Chesterman (Associate, Associate, International Peace Academy, New York)Publisher: Oxford University Press Imprint: Oxford University Press Dimensions: Width: 16.30cm , Height: 2.20cm , Length: 24.20cm Weight: 0.616kg ISBN: 9780199243372ISBN 10: 0199243379 Pages: 326 Publication Date: 25 January 2001 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: To order  Stock availability from the supplier is unknown. We will order it for you and ship this item to you once it is received by us. Table of ContentsIntroduction 1: The Just War: The origins of humanitarian intervention 2: The Scourge of War: Humanitarian intervention and the prohibition of the use of force in the UN Charter 3: 'You, the People': Unilateral intervention to promote democracy 4: The New Interventionism: Threats to international peace and security and Security Council actions under Chapter VII of the UN Charter 5: Passing the Baton: The delegation of Security Council enforcement powers from Kuwait to Kosovo 6: Just War or Just Peace? Humanitarian intervention, inhumanitarian non-intervention and other peace strategies BibliographyReviews... admirably thorough ... well-researched and articulate arguments. International Peacekeeping Chesterman has written a tour de force that exposes the weaknesses of the arguments supporting a doctrine of unilateral humanitarian intervention in international society ... Chesterman rejects the claim that states have a legal right to act as vigilantes in support of Council resolutions, even if they believe that this is the only means to stop a genocide. The powerfully argued thesis of this scholarly work is that accepting this proposition in law is 'a recipe for bad policy, bad law, and a bad international order'. International Affairs Chesterman has written a tour de force that exposes the weaknesses of the arguments supporting a doctrine of unilateral humanitarian intervention in international society ... Chesterman rejects the claim that states have a legal right to act as vigilantes in support of Council resolutions, even if they believe that this is the only means to stop a genocide. The powerfully argued thesis of this scholarly work is that accepting this proposition in law is 'a recipe for bad policy, bad law, and a bad international order'. International Affairs Author InformationSimon Chesterman is a Senior Associate at the International Peace Academy in New York Tab Content 6Author Website:Countries AvailableAll regions |
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