State Sovereignty And Non Interference In International Law

Author : Benjamin Mekinde Tonga
Publisher : GRIN Verlag
Page : 139 pages
File Size : 55,9 Mb
Release : 2021-02-17
Category : Law
ISBN : 9783346347794

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State Sovereignty and Non-Interference in International Law by Benjamin Mekinde Tonga Pdf

Master's Thesis from the year 2018 in the subject Politics - International Politics - Topic: Public International Law and Human Rights, grade: 3.6/4, , course: Law, language: English, abstract: The principles of state sovereignty and non-interference rest at the very heart of International law and springs from the 1648 Westphalian treaty.Westphalian sovereignty is the principle of international law that each nation state has sovereignty over its territory and domestic affairs to the exclusion of all external powers. This is founded on the principle of non-interference in another country‟s domestic affairs and that each state irrespective of its size is equal in International law. This study shall rely principally on the doctrinal research methodology by systematic and thematic analysis of existing data on sovereignty and non-interference. The interpretation of sovereignty as narrowly as the non-intervention principle has placed sovereignty against the possibility of intervening for the protection of Human rights. The Rwanda genocide, mass atrocity crimes and crimes against humanity that characterized the state of Rwanda and Srebrenica amongst others raised the need for action by the International community to protect not only states, but also people. This thesis attempts therefore, to find a bridge between these two seemingly opposing interests -protecting the state for a strong international order and protecting the people to save lives. Responsibility to protect is based on the notion of a primary responsibility with each and every state to protect its population, and a secondary responsibility with the international community to assist a state, which is unwilling or unable to protect its people. This thesis concludes that responsibility to protect is part of sovereignty, as a duty of a state, corresponding to the right of non-intervention. If the reign fails to protect its people, or is itself abusing its people, the right of non-intervention becomes void.

Author : Ellery Cory Stowell
Publisher : Unknown
Page : 578 pages
File Size : 48,5 Mb
Release : 1921
Category : International law
ISBN : NYPL:33433008716056

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Intervention in International Law by Ellery Cory Stowell Pdf

Author : International Commission on Intervention and State Sovereignty,International Development Research Centre (Canada)
Publisher : IDRC
Page : 432 pages
File Size : 41,7 Mb
Release : 2001
Category : Law
ISBN : 0889369631

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The Responsibility to Protect by International Commission on Intervention and State Sovereignty,International Development Research Centre (Canada) Pdf

Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty

Author : Vaughan Lowe
Publisher : OUP Oxford
Page : 144 pages
File Size : 45,6 Mb
Release : 2015-11-26
Category : Law
ISBN : 9780191576201

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International Law: A Very Short Introduction by Vaughan Lowe Pdf

Interest in international law has increased greatly over the past decade, largely because of its central place in discussions such as the Iraq War and Guantanamo, the World Trade Organisation, the anti-capitalist movement, the Kyoto Convention on climate change, and the apparent failure of the international system to deal with the situations in Palestine and Darfur, and the plights of refugees and illegal immigrants around the world. This Very Short Introduction explains what international law is, what its role in international society is, and how it operates. Vaughan Lowe examines what international law can and cannot do and what it is and what it isn't doing to make the world a better place. Focussing on the problems the world faces, Lowe uses terrorism, environmental change, poverty, and international violence to demonstrate the theories and practice of international law, and how the principles can be used for international co-operation.

Author : Christine Chinkin,Mary Kaldor
Publisher : Cambridge University Press
Page : 611 pages
File Size : 53,5 Mb
Release : 2017-04-27
Category : History
ISBN : 9781107171213

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International Law and New Wars by Christine Chinkin,Mary Kaldor Pdf

Examines the difficulties in applying international law to recent armed conflicts known as 'new wars'.

Author : Michael N. Schmitt
Publisher : Cambridge University Press
Page : 641 pages
File Size : 44,5 Mb
Release : 2017-02-02
Category : Law
ISBN : 9781107177222

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Tallinn Manual 2.0 on the International Law Applicable to Cyber Operations by Michael N. Schmitt Pdf

The new edition of the highly influential Tallinn Manual, which outlines public international law as it applies to cyber operations.

Author : Jens David Ohlin
Publisher : Cambridge University Press
Page : 233 pages
File Size : 42,7 Mb
Release : 2020-07-16
Category : Law
ISBN : 9781108494656

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Election Interference by Jens David Ohlin Pdf

Russian interference in the 2016 US presidential election was illegal because it violated the American people's right of self-determination.

Author : Kuajien Lual Wechtuor Phd
Publisher : Unknown
Page : 470 pages
File Size : 48,7 Mb
Release : 2019-06-06
Category : Electronic
ISBN : 1723408379

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Fading Authority of the Non-Intervention Principle by Kuajien Lual Wechtuor Phd Pdf

The book "Fading Authority of the Non-Intervention Principle: Analysis of Uganda's Intervention in South Sudan under International Law" focuses on the consequence of international politics in regard to the non-intervention principle and international law violations. In its formal definition, non-intervention is an international law principle and a foreign policy characterized by prohibition or absence of interference by state in the domestic affairs of another sovereign state without its consent with certain exceptions. In 2013 Uganda militarily intervened in South Sudan conflict and consequently interfered with the latter's internal politics. The author intends to demonstrate that the aforesaid intervention was executed in breach of the non-intervention principle without noteworthy reactions by international community. As the principle's application is predominantly driven by states' foreign policies, such intervention in South Sudan shows that the principle, to some extent, is deprived of its strength.It suggests that South Sudan's sovereignty is at stake due to Uganda's military intervention and its consequential human rights violations. Meanwhile, the international community did not properly react or intervene despite South Sudan territorial integrity and political independence are threatened as a result of Uganda's use of force and the non-intervention principle's fading authority in international relations. It critically studies, analyzes, exposes and calls for action on Uganda's military interference with South Sudan's territorial integrity and political independence and the violation of international law in South Sudan which is able to cause threat to international peace and security.This book provides new and multi-dimensional insights into international law and foreign policy and their application or contempt by sovereign states and the international community as a whole. It applies a complex mix of methods and studies international legal literatures on international law to explain the status of non-intervention principle under international law with special reference to the UN Charter and the AU Constitutive Act, contrasting legal theory with the principle's application and state practice and foreign policies. It seeks to shed more light on Uganda's intervention in South Sudan and how intervention in South Sudan civil war was perceived by the UN and AU and triggered international reactions. Its findings demonstrate that non-intervention principle has been violated in South Sudan and its authority is weakened as a new exception to the principle is emerging. It alluded, Uganda's legitimization of dictatorship in South Sudan, in tandem with the West (US & UK) and East (Russia & China), and the change in the UN, a simmering change from its original intention to a new political dawn in Africa and the Middle East, has a diminishing effect on the principle's authority and the likelihood of the emergence of a new justification i.e. the Uganda's collusive intervention and state practice. The study defines Uganda's collusive intervention as an agreement that is dictatorially concluded between two or more leaders (e.g. Museveni and Kiir) which creates loopholes and gaps in the international law.The study approaches the research problem by using Uganda's military intervention in South Sudan as a case of study in order to show how the fading authority of the non-intervention principle constitutes a threat to international law and state sovereignty. It tested all Uganda's arguments forwarded as a legitimization for its military intervention against the existing international legal standards in order to ascertain whether the intervention was executed illegally and in a violation of the non-intervention principle and as a consequence constitutes a threat to international peace and security. It further proves that non-intervention authority is eroded as a result of inapplicability and unenforceability of the United Nations Charter.

Author : Marco Roscini
Publisher : Oxford University Press
Page : 590 pages
File Size : 43,5 Mb
Release : 2024-06-06
Category : Law
ISBN : 9780191090578

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International Law and the Principle of Non-Intervention by Marco Roscini Pdf

The principle of non-intervention in the domestic affairs of states is one of the most venerable principles of international law. Although not expressly mentioned in the Charter of the United Nations, at least as an inter-state prohibition, the principle currently appears in a plethora of treaties and UN General Assembly resolutions and has been invoked like a mantra by states of all geographical and political denominations. Despite this, the determination of its exact content has remained an enigma. International Law and the Principle of Non-Intervention: History, Theory, and Interactions with Other Principles solves this enigma by exploring what constitutes an 'intervention' in international law and when interventions are unlawful. These questions are approached from three different perspectives, which are reflected in the book's structure: historical, theoretical, and systematic. Through a comprehensive survey of primary documents and of over 200 cases of intervention from the mid-18th century to the present day, as well as an extensive literature search, this work provides an in-depth analysis of the principle of non-intervention which links it to fundamental notions of international law, including sovereignty, use of force, self-determination, and human rights protection.

Author : Morten Bergsmo,LING Yan
Publisher : Torkel Opsahl Academic EPublisher
Page : 300 pages
File Size : 51,8 Mb
Release : 2012-11-19
Category : Law
ISBN : 9788293081357

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State Sovereignty and International Criminal Law by Morten Bergsmo,LING Yan Pdf

'State sovereignty' is often referred to as an obstacle to criminal justice for core international crimes by members of the international criminal justice movement. The exercise of State sovereignty is seen as a shield against effective implementation of such crimes. But it is sovereign States that create and become parties to international criminal law treaties and jurisdictions. They are the principal enforcers of criminal responsibility for international crimes, as reaffirmed by the complementarity principle on which the International Criminal Court (ICC) is based. Criminal justice for atrocities depends entirely on the ability of States to act. This volume revisits the relationship between State sovereignty and international criminal law along three main lines of inquiry. First, it considers the immunity of State officials from the exercise of foreign or international criminal jurisdiction. Secondly, with the closing down of the ad hoc international criminal tribunals, attention shifts to the exercise of national jurisdiction over core international crimes, making the scope of universal jurisdiction more relevant to perceptions of State sovereignty. Thirdly, could the amendments to the ICC Statute on the crime of aggression exacerbate tensions between the interests of State sovereignty and accountability? The book contains contributions by prominent international lawyers including Professor Christian Tomuschat, Judge Erkki Kourula, Judge LIU Daqun, Ambassador WANG Houli, Dr. ZHOU Lulu, Professor Claus Kre, Professor MA Chengyuan, Professor JIA Bingbing, Professor ZHU Lijiang and Mr. GUO Yang.

Author : Steven R. Ratner
Publisher : OUP Oxford
Page : 500 pages
File Size : 51,7 Mb
Release : 2015-01-15
Category : Law
ISBN : 9780191009112

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The Thin Justice of International Law by Steven R. Ratner Pdf

In a world full of armed conflict and human misery, global justice remains one of the most compelling missions of our time. Understanding the promises and limitations of global justice demands a careful appreciation of international law, the web of binding norms and institutions that help govern the behaviour of states and other global actors. This book provides a new interdisciplinary approach to global justice, one that integrates the work and insights of international law and contemporary ethics. It asks whether the core norms of international law are just, appraising them according to a standard of global justice derived from the fundamental values of peace and the protection of human rights. Through a combination of a careful explanation of the legal norms and philosophical argument, Ratner concludes that many international law norms meet such a standard of justice, even as distinct areas of injustice remain within the law and the verdict is still out on others. Among the subjects covered in the book are the rules on the use of force, self-determination, sovereign equality, the decision making procedures of key international organizations, the territorial scope of human rights obligations (including humanitarian intervention), and key areas of international economic law. Ultimately, the book shows how an understanding of international law's moral foundations will enrich the global justice debate, while exposing the ethical consequences of different rules.

Author : Hanspeter Neuhold
Publisher : BRILL
Page : 232 pages
File Size : 50,9 Mb
Release : 2015-12-04
Category : Law
ISBN : 9789004299931

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The Law of International Conflict by Hanspeter Neuhold Pdf

The Law of International Conflict deals with three key principles of international law from a policy-oriented perspective that includes insights from various social sciences.

Author : Hedley Bull
Publisher : Oxford University Press
Page : 198 pages
File Size : 54,6 Mb
Release : 1984
Category : Political Science
ISBN : 019827467X

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Intervention in World Politics by Hedley Bull Pdf

This book is the best guide to the complexities of intervention now available. The issues raised by it will remain important and divisive for some time.'___ The Times Literary Suplement.

Author : Piotr Szwedo
Publisher : BRILL
Page : 402 pages
File Size : 52,7 Mb
Release : 2018-11-13
Category : Law
ISBN : 9789004382893

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Cross-border Water Trade: Legal and Interdisciplinary Perspectives by Piotr Szwedo Pdf

Cross-border Water Trade: Legal and Interdisciplinary Perspectives is a critical assessment of one of the growing problems faced by the international community - the global water deficit.Apart from theoretical considerations it has very practical consequences, as cross-border water trade appears to constitute one of the most effective ways of balancing water deficits worldwide.

Author : Emer de Vattel
Publisher : Unknown
Page : 668 pages
File Size : 46,7 Mb
Release : 1856
Category : International law
ISBN : HARVARD:32044103162251

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The Law of Nations by Emer de Vattel Pdf