Download or read book International Legitimacy and the Domestic Use of Force written by Megan Price and published by Routledge. This book was released on 2022-07-01 with total page 134 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how states justify the domestic use of military force to foreign audiences. By deploying a sociological approach to legitimacy and drawing on conceptual tools which deal directly with the dynamics of justification, it offers a novel framework for understanding the politics of international legitimacy and domestic armed action. The framework is grounded in detailed qualitative analyses of civil wars in Sri Lanka (2006–2009), and Aceh, Indonesia (2003–2005). The book shows that the meaning of legitimacy in a particular context does not flow directly from a menu of relevant rules, norms and ideas. Rather, legitimacy is always politically contested. When states justify fighting at home, the success of their claims is determined by their capacity to appeal to rules and norms but also to frame their action in ways that their audiences find compelling. Therefore, the framework offered in this book draws attention to the crucial but largely neglected role of audiences in the constitution of legitimacy. This book will be of interest to students of security studies, law, human rights and international relations.

Download or read book Legitimising the Use of Force in International Politics written by Corneliu Bjola and published by Routledge. This book was released on 2009-09-10 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to examine the conditions under which the decision to use force can be reckoned as legitimate in international relations. Drawing on communicative action theory, it provides a provocative answer to the hotly contested question of how to understand the legitimacy of the use of force in international politics. The use of force is one of the most critical and controversial aspects of international politics. Scholars and policy-makers have long tried to develop meaningful standards capable of restricting the use of force to a legally narrow yet morally defensible set of circumstances. However, these standards have recently been challenged by concerns over how the international community should react to gross human rights abuses or to terrorist threats. This book argues that current legal and moral standards on the use of force are unable to effectively deal with these challenges. The author argues that the concept of 'deliberative legitimacy', understood as the non-coerced commitment of an actor to abide by a decision reached through a process of communicative action, offers the most appropriate framework for addressing this problem. The theoretical originality and empirical value of the concept of deliberative legitimacy comes fully into force with the examination of two of the most severe international crises from the post Cold War period: the 1999 NATO intervention in Kosovo and the 2003 US military action against Iraq. This book will be of much interest to students of international security, ethics, international law, discourse theory and IR. Corneliu Bjola is SSHRC Postdoctoral Fellow with the Centre for Ethics at the University of Toronto, and has a PhD in International Relations.

Download or read book Human Rights Legitimacy and the Use of Force written by Allen Buchanan and published by Oxford University Press. This book was released on 2010-01-13 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: The thirteen essays by Allen Buchanan collected here are arranged in such a way as to make evident their thematic interconnections: the important and hitherto unappreciated relationships among the nature and grounding of human rights, the legitimacy of international institutions, and the justification for using military force across borders. Each of these three topics has spawned a significant literature, but unfortunately has been treated in isolation. In this volume Buchanan makes the case for a holistic, systematic approach, and in so doing constitutes a major contribution at the intersection of International Political Philosophy and International Legal Theory. A major theme of Buchanan's book is the need to combine the philosopher's normative analysis with the political scientist's focus on institutions. Instead of thinking first about norms and then about institutions, if at all, only as mechanisms for implementing norms, it is necessary to consider alternative "packages" consisting of norms and institutions. Whether a particular norm is acceptable can depend upon the institutional context in which it is supposed to be instantiated, and whether a particular institutional arrangement is acceptable can depend on whether it realizes norms of legitimacy or of justice, or at least has a tendency to foster the conditions under which such norms can be realized. In order to evaluate institutions it is necessary not only to consider how well they implement norms that are now considered valid but also their capacity for fostering the epistemic conditions under which norms can be contested, revised, and improved.

Download or read book Defending Humanity written by George P. Fletcher and published by Oxford University Press. This book was released on 2013-02-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Defending Humanity, internationally acclaimed legal scholar George P. Fletcher and Jens David Ohlin, a leading expert on international criminal law, tackle one of the most important and controversial questions of our time: When is war justified? When a nation is attacked, few would deny that it has the right to respond with force. But what about preemptive and preventive wars, or crossing another state's border to stop genocide? Was Israel justified in initiating the Six Day War, and was NATO's intervention in Kosovo legal? What about the U.S. invasion of Iraq? In their provocative book, Fletcher and Ohlin offer a groundbreaking theory on the legality of war with clear guidelines for evaluating these interventions. The authors argue that much of the confusion on the subject stems from a persistent misunderstanding of the United Nations Charter. The Charter appears to be very clear on the use of military force: it is only allowed when authorized by the Security Council or in self-defense. Unfortunately, this has led to the problem of justifying force when the Security Council refuses to act or when self-defense is thought not to apply--and to the difficult dilemma of declaring such interventions illegal or ignoring the UN Charter altogether. Fletcher and Ohlin suggest that the answer lies in going back to the domestic criminal law concepts upon which the UN Charter was originally based, in particular, the concept of "legitimate defense," which encompasses not only self-defense but defense of others. Lost in the English-language version of the Charter but a vital part of the French and other non-English versions, the concept of legitimate defense will enable political leaders, courts, and scholars to see the solid basis under international law for states to intervene with force--not just to protect themselves against an imminent attack but also to defend other national groups.

Download or read book The Legitimate Use of Military Force written by Professor Howard M Hensel and published by Ashgate Publishing, Ltd.. This book was released on 2013-03-28 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Throughout human history, scholars, statesmen and military leaders have attempted to define what constitutes the legitimate use of armed force by one community against another. Moreover, if force is to be used, what normative guidelines should govern the conduct of warfare? Based upon the assumption that armed conflict is a human enterprise and therefore subject to human limitations, the Western 'just war tradition' represents an attempt to provide these guidelines. Following on from the success of Hensel's earlier publication, The Law of Armed Conflict, this volume brings together an internationally recognized team of scholars to explore the philosophical and societal foundations of just war tradition. It relates the principles of jus ad bellum to contemporary issues confronting the global community and explores the relationship between the principles of jus in bello and the various principles embodied in the customary law of armed conflict. Applying an interdisciplinary approach to analyzing and assessing the links between just war and the norms of behaviour, the book provides a valuable contribution to international law, international relations and national security studies.

Download or read book Legitimacy and Legality in International Law written by Jutta Brunnée and published by Cambridge University Press. This book was released on 2010-08-05 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: It has never been more important to understand how international law enables and constrains international politics. By drawing together the legal theory of Lon Fuller and the insights of constructivist international relations scholars, this book articulates a pragmatic view of how international obligation is created and maintained. First, legal norms can only arise in the context of social norms based on shared understandings. Second, internal features of law, or 'criteria of legality', are crucial to law's ability to promote adherence, to inspire 'fidelity'. Third, legal norms are built, maintained or destroyed through a continuing practice of legality. Through case studies of the climate change regime, the anti-torture norm, and the prohibition on the use of force, it is shown that these three elements produce a distinctive legal legitimacy and a sense of commitment among those to whom law is addressed.

Download or read book Legitimacy Justice and Public International Law written by Lukas H. Meyer and published by Cambridge University Press. This book was released on 2009-11-12 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Most chapters in this volume were first presented at a symposium held at the University of Bern in December 2006"--Page ix.

Download or read book Legitimacy in International Law written by Rüdiger Wolfrum and published by Springer Science & Business Media. This book was released on 2008-02-26 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.

Download or read book Legitimacy and International Courts written by Nienke Grossman and published by Cambridge University Press. This book was released on 2018-02-22 with total page 397 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most noted developments in international law over the past twenty years is the proliferation of international courts and tribunals. They decide who has the right to exploit natural resources, define the scope of human rights, delimit international boundaries and determine when the use of force is prohibited. As the number and influence of international courts grow, so too do challenges to their legitimacy. This volume provides new interdisciplinary insights into international courts' legitimacy: what drives and undermines the legitimacy of these bodies? How do drivers change depending on the court concerned? What is the link between legitimacy, democracy, effectiveness and justice? Top international experts analyse legitimacy for specific international courts, as well as the links between legitimacy and cross-cutting themes. Failure to understand and respond to legitimacy concerns can endanger both the courts and the law they interpret and apply.

Download or read book International Law and New Wars written by Christine Chinkin and published by Cambridge University Press. This book was released on 2017-04-27 with total page 611 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.

Download or read book Beyond Preemption written by Ivo H. Daalder and published by Rowman & Littlefield. This book was released on 2008-04-01 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: America's three most recent wars—in Kosovo, Afghanistan, and Iraq—have raised profound questions about when to use military force, for what purpose, and who should make the decision whether to go to war. These crucial questions have been debated around the world with increasing intensity, and by beginning to provide important answers, Beyond Preemption moves the debate forward in significant ways. During the past three years, the contributors to this volume have engaged in a global dialogue with political officials, military figures and strategists, and international lawyers from around the world on when and how to use force and in what way its use can best be legitimized. They found consensus that the world has changed so dramatically that much of the old way of thinking about when and how to go to use force to deal with new challenges has become largely obsolete. Drawing on these high-level discussions, Ivo Daalder and his colleagues make specific proposals for how to forge a new international consensus on the vexing questions about the use of force, including its preemptive use, to address today's interrelated threats of terrorism, weapons of mass destruction, and humanitarian crises. In Beyond Preemption, the authors also consider the critical matter of how these strategies could be best legitimized and be made palatable to domestic audiences and the international community at large. Contributors include Bruce W. Jentleson (Duke University), Anne E. Kramer (Brookings Institution), Susan E. Rice (Brookings Institution), James B. Steinberg (Lyndon B. Johnson School of Public Affairs, University of Texas at Austin).

Download or read book Force and Legitimacy in World Politics written by David Armstrong and published by Cambridge University Press. This book was released on 2005 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: A leading group of international authorities consider the issues surrounding the legitimation of force.

Download or read book US Hegemony and International Legitimacy written by Lavina Rajendram Lee and published by Routledge. This book was released on 2010-02-05 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines US hegemony and international legitimacy in the post-Cold War era, focusing on its leadership in the two wars on Iraq. The preference for unilateral action in foreign policy under the Bush Administration, culminating in the use of force against Iraq in 2003, has unquestionably created a crisis in the legitimacy of US global leadership. Of central concern is the ability of the United States to act without regard for the values and interests of its allies or for international law on the use of force, raising the question: does international legitimacy truly matter in an international system dominated by a lone superpower? US Hegemony and International Legitimacy explores the relationship between international legitimacy and hegemonic power through an in depth examination of two case studies – the Gulf Crisis of 1990-91 and the Iraq Crisis of 2002-03 – and examines the extent to which normative beliefs about legitimate behaviour influenced the decisions of states to follow or reject US leadership. The findings of the book demonstrate that subordinate states play a crucial role in consenting to US leadership and endorsing it as legitimate and have a significant impact on the ability of a hegemonic state to maintain order with least cost. Understanding of the importance of legitimacy will be vital to any attempt to rehabilitate the global leadership credentials of the United States under the Obama Administration. This book will be of much interest to students of US foreign policy, IR theory and security studies. Lavina Rajendram Lee is a lecturer in the Department of Modern History, Politics and International Relations at Macquarie University, Australia, and has a PhD in International Relations from the University of Sydney.

Download or read book Fault Lines of International Legitimacy written by Hilary Charlesworth and published by Cambridge University Press. This book was released on 2010-02-25 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the features and functions of international legitimacy and how these change over time.

Download or read book Legitimacy and the Use of Armed Force written by Chiyuki Aoi and published by Routledge. This book was released on 2010-10-04 with total page 618 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the concept of legitimacy as it may be used to explain the success, or failure, of key stability operations since the end of the Cold War. In the success of stability operations, legitimacy is key. In order to achieve success, the intervening force must create a sense of legitimacy of the mission among the various constituencies concerned with and involved in the venture. These parties include the people of the host nation, the host government (whose relations with the local people must be legitimate), political elites and the general public worldwide—including the intervening parties’ own domestic constituencies, who will sustain (or not sustain) the intervention by offering (or withdrawing) support. This book seeks to bring into close scrutiny the legitimacy of stability interventions in the post-Cold War era, by proposing a concept that captures both the multi-faceted nature of legitimacy and the process of legitimation that takes place in each case. Case studies on Liberia, Bosnia, Somalia, Rwanda, Afghanistan and Iraq explain how legitimacy related to the outcome of these operations. This book will be of much interest to students of stability operations, counterinsurgency, peace operations, humanitarian intervention, and IR/security studies in general.

Download or read book Military Assistance on Request and the Use of Force written by Erika De Wet and published by Oxford University Press. This book was released on 2020-03-26 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: In countries such as Syria, Iraq, South Sudan, and Yemen, internationally recognized governments embroiled in protracted armed conflicts, and with very little control over their territory, have requested direct military assistance from other states. These requests are often accepted by the other states, despite the circumvention of the United Nations Security Council and extensive violation of international humanitarian law and human rights. In this book, Erika De Wet examines the authority entitled to extend a request for (or consent to) direct military assistance, as well as the type of situations during which such assistance may be requested, notably whether it may be requested during a civil war. Ultimately, De Wet addresses the question of if and to what extent the proliferation of military assistance on the request of a recognized government is changing the rules in international law applying to the use of force.

Download or read book The Legitimacy of Use of Force in Public and Islamic International Law written by Mohammad Z. Sabuj and published by Springer Nature. This book was released on 2021-06-22 with total page 181 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the legitimacy deficits of two potentially conflicting legal systems, namely Public and Islamic international law. It discusses the challenges that Public international law is being presented within the context of its relationship with Islamic international law. It explores how best to overcome these challenges through a comparative examination of state practices on the use of force. It highlights the legal-political legacies that evolved surrounding the claims of the legitimacy of use of force by armed non-state actors, states, and regional organizations. This book offers a critical analysis of these legacies in line with the Islamic Shari‘a law, United Nations Charter, state practices, and customs. It concludes that the legitimacy question has reached a vantage point where it cannot be answered either by Islamic or Public international law as a mutually exclusive legal system. Instead, Public international law must take a coherent approach within the existing legal framework.