Human Rights and Humanitarian Intervention

Author: Elizabeth M. Bruch
Publisher: Routledge
ISBN: 1317274954
Format: PDF, Mobi
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Human rights, peacekeeping, and humanitarian intervention have emerged in the past decades as important components of international law and practice. Adopting a methodology of Institutional Ethnography informed by Actor-Network Theory, this book traces the practices of law and expertise from global IGO headquarters to the ‘field’ and back again, and through various contemporary field missions from Bosnia to Afghanistan and East Timor to Sierra Leone. It answers several fundamental questions: How is human rights law engaged in ‘establishing the peace,’ ‘rebuilding the nation,’ and ‘restoring the rule of law’ in post-conflict situations? How do human rights experts use law in their everyday work in the context of humanitarian intervention? How are law and expertise established, sustained and transformed in the field? Offering a complex and nuanced explanation of humanitarian intervention based upon a multi-dimensional understanding of law and power, this book will be of interest and use to scholars, students and practitioners in international law and policy, human rights, and humanitarian intervention. Its cross-disciplinary approach should also appeal to the professional communities engaged directly and indirectly with projects of humanitarian intervention – including staff at inter-governmental organizations, international lawyers and practitioners, and activists.

Reading Humanitarian Intervention

Author: Anne Orford
Publisher: Cambridge University Press
ISBN: 9781139435710
Format: PDF, ePub, Docs
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During the 1990s, humanitarian intervention seemed to promise a world in which democracy, self-determination and human rights would be privileged over national interests or imperial ambitions. Orford provides critical readings of the narratives that accompanied such interventions and shaped legal justifications for the use of force by the international community. Through a close reading of legal texts and institutional practice, she argues that a far more circumscribed, exploitative and conservative interpretation of the ends of intervention was adopted during this period. The book draws on a wide range of sources, including critical legal theory, feminist and postcolonial theory, psychoanalytic theory and critical geography, to develop ways of reading directed at thinking through the cultural and economic effects of militarized humanitarianism. The book concludes by asking what, if anything, has been lost in the move from the era of humanitarian intervention to an international relations dominated by wars on terror.

The Politics of International Law

Author: Martti Koskenniemi
Publisher: Bloomsbury Publishing
ISBN: 1847317766
Format: PDF, Docs
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Today international law is everywhere. Wars are fought and opposed in its name. It is invoked to claim rights and to challenge them, to indict or support political leaders, to distribute resources and to expand or limit the powers of domestic and international institutions. International law is part of the way political (and economic) power is used, critiqued, and sometimes limited. Despite its claim for neutrality and impartiality, it is implicit in what is just, as well as what is unjust in the world. To understand its operation requires shedding its ideological spell and examining it with a cold eye. Who are its winners, and who are its losers? How - if at all - can it be used to make a better or a less unjust world? In this collection of essays Professor Martti Koskenniemi, a well-known practitioner and a leading theorist and historian of international law, examines the recent debates on humanitarian intervention, collective security, protection of human rights and the 'fight against impunity' and reflects on the use of the professional techniques of international law to intervene politically. The essays both illustrate and expand his influential theory of the role of international law in international politics. The book is prefaced with an introduction by Professor Emmanuelle Jouannet (Sorbonne Law School), which locates the texts in the overall thought and work of Martti Koskenniemi.

International Human Rights Law and Practice

Author: Ilias Bantekas
Publisher: Cambridge University Press
ISBN: 1107354471
Format: PDF, Kindle
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Human rights law is a complex but compelling subject that fascinates students but also confuses them. This innovative textbook explores human rights law from a theoretical and practical perspective. Case studies and interviews with specialist practitioners, NGO activists and policy-makers show how theory is applied in real life. The up-to-date coverage includes introductions to important emerging fields such as globalisation, poverty and advocacy. Student learning is supported by questions to stimulate seminar discussion and further reading sections that encourage independent study. The authors' combined expertise, engaging writing style and ability to clarify not simplify ensures that this important new book will become required reading for all students of human rights law.

Military civilian Interactions

Author: Thomas George Weiss
Publisher: Rowman & Littlefield
ISBN: 9780742530171
Format: PDF, Mobi
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Updated to include discussion of Afghanistan & Iraq, this text explores the recent history of military-civilian interaction in the context of international military intervention, & develops a framework for assessing military costs against civilian benefits.

Domesticating Human Rights

Author: Fidèle Ingiyimbere
Publisher: Springer
ISBN: 3319576216
Format: PDF, Mobi
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This book develops a philosophical conception of human rights that responds satisfactorily to the challenges raised by cultural and political critics of human rights, who contend that the contemporary human rights movement is promoting an imperialist ideology, and that the humanitarian intervention for protecting human rights is a neo-colonialism. These claims affect the normativity and effectiveness of human rights; that is why they have to be taken seriously. At the same time, the same philosophical account dismisses the imperialist crusaders who support the imperialistic use of human rights by the West to advance liberal culture. Thus, after elaborating and exposing these criticisms, the book confronts them to the human rights theories of John Rawls and Jürgen Habermas, in order to see whether they can be addressed. Unfortunately, they are not. Therefore, having shown that these two philosophical accounts of human rights do not respond convincingly to those the postcolonial challenges, the book provides an alternative conception that draws the understanding of human rights from local practices. It is a multilayer conception which is not centered on state, but rather integrates it in a larger web of actors involved in shaping the practice and meaning of human rights. Confronted to the challenges, this new conception offers a promising way for addressing them satisfactorily, and it even sheds new light to the classical questions of universality of human rights, as well as the tension between universalism and relativism.

Searching for Contemporary Legal Thought

Author: Justin Desautels-Stein
Publisher: Cambridge University Press
ISBN: 1108363660
Format: PDF
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For more than a century, law schools have trained students to 'think like a lawyer'. In these times of legal crisis, both in legal education and in global society, what does that mean for the rest of us? In this book, thirty leading international scholars - including Louis Assier-Andrieu, Marianne Constable, Yves Dezalay, Denise Ferreira da Silva, Bryant Garth, Peter Goodrich, Duncan Kennedy, Martti Koskenniemi, Shaun McVeigh, Samuel Moyn, Annelise Riles, Charles Sabel and William Simon - examine what is distinctive about legal thought. They probe the relation between law and time, law and culture, and legal thought and legal action; the nature of current legal thought; the geography of legal thought; and the conditions for recognition of a new 'contemporary' style of law. This work will help theorists, social scientists, historians and students understand the intellectual context of legal problems, legal doctrine, and jurisprudential trends in the current conjuncture.

The Practice of Humanitarian Intervention

Author: Kai Koddenbrock
Publisher: Routledge
ISBN: 1317481003
Format: PDF, ePub, Mobi
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This book examines the practices in Western and local spheres of humanitarian intervention, and shows how the divide between these spheres helps to perpetuate Western involvement. Using the Democratic Republic of the Congo as a case study – an object of Western intervention since colonial times – this book scrutinizes the contemporary practice of humanitarian intervention from the inside. It seeks to expose how humanitarian aid and peacekeeping works, what obstacles they encounter and how they manage to retain their legitimacy. By examining the relationship between the West and the DR Congo, this volume asks why intervention continues to be so central for the relationship between Western and local spheres. Why is it normal and self-evident? The main answer developed here is that the separation of these two spheres allows intervention to enjoy sufficient degrees of legitimacy to be sustained. Owing to the contradictions that surface when juxtaposing the Western and Congolese spheres, this book highlights how keeping them separate is key to sustaining intervention. Bridging the divide between the liberal peace debate in International Relations and anthropologies of humanitarianism, this volume thus presents an important contribution to taking both the legitimizing proclamations and ‘local’ realities of intervention seriously. The book will be of much interest to students of statebuilding, peacebuilding, peacekeeping, anthropology, research methods and IR in general.