Human Rights, Intervention, and the Use of Force

by Alston, Philip; Macdonald, Euan

• ISBN13: 9780199552719
• ISBN10: 0199552711
• Format: Paperback
• Copyright: 2008-11-15
• Publisher: Oxford University Press

Summary

The imperatives of sovereignty, human rights and national security very often pull in different directions, yet the relations between these three different notions are considerably more subtle than those of simple opposition. Rather, their interaction may at times be contradictory, at others tense, and at others even complementary. This collection presents an analysis of the irreducible dilemmas posed by the foundational challenges of sovereignty, human rights and security, not merely in terms of the formal doctrine of their disciplines, but also of the manner in which they can be configured in order to achieve persuasive legitimacy as to both methods and results. The chapters in this volume represent an attempt to face up to these dilemmas in all of their complexity, and to suggest ways in which they can be confronted productively both in the abstract and in the concrete circumstances of particular cases.

Author Biography

Philip Alston is John Norton Pomeroy Professor at NYU Law School and Chair of the NYU Center for Human Rights and Global Justice. Since 2004 he has been UN Special Rapporteur on extrajudicial, summary or arbitrary executions. Jose E. Alvarez is Hamilton Fish Professor of International Law and Diplomacy and Director of the Center on Global Legal Problems, at Columbia University Law School. He is also President of the American Society of International Law.
Nathaniel Berman teaches public international law, European Union law, international trade law, and human rights at Brooklyn Law School. He previously taught at Northeastern University School of Law.
Richard Bilder is Foley & Lardner-Bascom Emeritus Professor of Law at the University of Wisconsin-Madison. He previously served as an attorney in the Office of the Legal Adviser at the U.S. Department of State.
Nehal Bhuta is Assistant Professor of Law at the University of Toronto. He has previously worked with the International Justice Program of Human Rights Watch and as a consultant with the International Center for Transitional Justice in New York.
Olivier Corten has a doctorate in law, is Professor at the Universite Libre de Bruxelles, and is co-Director of its Centre de droit international et de sociologie appliquee au droit international. He is also Editor of the Revue belge de droit international.
Euan MacDonald has a Doctorate from the European University Institute in Florence and is currently a Research Officer on the Global Administrative Law project of New York University's Institute for International Law and Justice. He was previously a Visiting Fellow on the Programme for the Study of International Organizations at the Graduate Institute for International Studies in Geneva
Anthea Roberts is an Associate at Debevoise and Plimpton in London where she is a member of the firm's International Dispute Resolution Group. She has worked on a variety of public international law and alien tort claim cases and as counsel in several international arbitrations.
Helene Ruiz Fabri is Professor of International Law at the University of Paris I - Pantheon Sorbonne, and Director of the Paris Institute of Comparative Studies. Since 2006 she has been the President of the European Society of International Law.

Table of Contents

List of Abbreviations	p. xi
List of Contributors	p. xiii
Sovereignty, Human Rights, Security: Armed Intervention and the Foundational Problems of International Law	p. 1
Human Rights and State Sovereignty: Have the Boundaries been Significantly Redrawn?	p. 33
Human Rights and Collective Security: Is There an Emerging Right of Humanitarian Intervention?	p. 87
The Implications of Kosovo for International Human Rights Law	p. 139
Legality Verses Legitimacy: Can Uses of Force be Illegal but Justified?	p. 179
Intervention in a 'Divided World': Axes of Legitimacy	p. 215
States of Exception: Regulating Targeted Killing in a 'Global Civil War'	p. 243
The Schizophrenias of R2P	p. 275
Index	p. 285
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