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Beyond Responsibility to Protect

Generating Change in International Law

Book | 1st edition 2016 | World | Richard Barnes, Vassilis Tzevelekos
Description

The history of international law is replete with concepts that have generated change: individual criminal responsibility, common heritage of mankind and sustainable development to name but a few. These are concepts that have influenced the scope, structure and purpose of international law. This book explores the extent to which Responsibility to Protect (R2P) possesses the same transformative potential, showing how R2P shifts our understanding of both the potential and practice of international law.

Responsibility to Protect is both an ambitious and an ambiguous concept in international law. Ambiguity creates space for debate and the potential for legal development, but it may also generate misunderstanding, false expectations and uncertainty. Despite its ambiguity, R2P has quickly found a place within international legal texts. At the same time its ambiguity –or rather the tensions the concept generates – has also helped generate an enormous range of scholarship. This collection of essays presents a more fundamental critical evaluation of R2P, exploring how it interacts with existing concepts and values, and how this influences normative developments within international law. In particular, the essays explore the influence of R2P upon sovereignty as responsibility, the continued advance of positive human rights obligations and the safeguarding of international community interests.

These themes are explored in a range of essays written by new and established scholars. The essays explore the moral and political foundations of R2P, the expansion of R2P to non-state actors, and the interaction between R2P and certain branches of international law, such as use of force, responsibility as liability, humanitarian law and international criminal law.

With contributions by: Richard A. Barnes, Vassilis P. Tzevelekos, Henry Jones, Markus P. Beham, Ralph R.A. Janik, Tony Ward, Nabil Hajjami, John Heieck, Julia Schmidt, Nigel D. White, Antal Berkes, Jennifer Dee Halbert, Hitoshi Nasu, Humberto Cantú Rivera, Kasey L. McCall-Smith, Lucas Lixinski, Sophie Rondeau, Raphaël van Steenberghe, David Turns, Vito Todeschini, Barbara Sonczyk, Lindsay Moir, Ludovica Poli, Tomoko Yamashita, Lenneke Sprik, Elena Katselli and Nicholas Tsagourias.

Technical info
More Information
Type of product Book
Format Hardback
EAN / ISSN 9781780682648 / 9781780687483
Series name International Law
Weight 1015 g
Status Available
Number of pages xxxvi + 468 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Mar 30, 2016
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No
Chapters

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  • Table of Contents
  • INTRODUCTION
  • Beyond Responsibility to Protect: Ceci n’est pas une pipe
    Richard Barnes, Vassilis Tzevelekos
  • PART I. THE MORAL UNDERPINNINGS AND POLITICAL ENDS OF R2P
  • The Kantian Defence of Murder
    Henry Jones
  • A ‘Responsibility to Democratise’? The ‘Responsibility to Protect’ in Light of Regime Change and the ‘Pro-Democratic’ Intervention Discourse
    Markus Beham, Ralph Janik
  • Commentary: Between Kant and Al-Shabaab
    Tony Ward
  • PART II. INTERNATIONAL INSTITUTIONS AND THEIR ROLE IN R2P
  • The Institutionalisation of the Responsibility to Protect
    Nabil Hajjami
  • The Responsibility Not to Veto Revisited. How the Duty to Prevent Genocide as a Jus Cogens Norm Imposes a Legal Duty Not to Veto on the Five Permanent Members of the Security Council
    John Heieck
  • The EU and the Responsibility to Protect: The Case of Libya, Mali and Syria
    Julia Schmidt
  • Commentary: International Institutions and their Role in R2P
    Nigel White
  • PART III. DE FACTO REGIMES AND NON-STATE ACTORS WITHIN A STATE AND AS A STATE
  • De Facto Regimes and the Responsibility to Protect
    Antal Berkes
  • ‘Guilty’ Governments and ‘Legitimate’ Leadership: The Concept of ‘National Authorities’ under the R2P
    Jennifer Dee Halbert
  • Commentary: Who Cares?: The Primary Bearer of the Responsibility to Protect
    Hitoshi Nasu
  • PART IV. R2P AND DUE DILLIGENCE REGARDING THE CONDUCT OF CORPORATIONS
  • On the Responsibility to Protect and the Business and Human Rights Agenda
    Humberto Cantú Rivera
  • Tides of Change – The State, Business and the Human
    Kasey McCall-Smith
  • Commentary: The Responsibility to Protect and Non-State (Corporate) Actors – More of the Same?
    Lucas Lixinski
  • PART V. THE INTERACTION BETWEEN R2P AND HUMANITARIAN LAW OBLIGATIONS TO PROTECT CIVILIAN POPULATIONS
  • The Responsibility to Protect Doctrine, and the Duty of the International Community to Reinforce International Humanitarian Law and its Protective Value for Civilian Populations
    Sophie Rondeau
  • The Responsibility to Protect in Armed Conflict: A Step Forward for the Protection of Civilians?
    Raphaël van Steenberghe
  • Commentary: On the Intersection of the Responsibility to Protect, the Protection of Civilians and International Humanitarian Law in Contemporary Armed Conflicts
    David Turns
  • PART VI. R2P AND INTERNATIONAL CRIMINAL LAW BEYOND THE FOUR R2P CRIMES
  • The Place of Aggression in the Responsibility to Protect Doctrine
    Vito Todeschini
  • The Impact of the Responsibility to Protect on the Protection of Peacekeeping Missions under the Rome Statute of the International Criminal Court
    Barbara Sonczyk
  • Commentary: R2P and its Consequences for International Criminal Law: Crimes as a Justification for the Use of Force
    Lindsay Moir
  • PART VII. R2P AND ITS POSSIBLE IMPACT ON THE LAW OF INTERNATIONAL RESPONSIBILITY
  • The ICJ Judgment in the Genocide Convention Case: Is R2P Drawing New Horizons for the Law on State Responsibility?
    Ludovica Poli
  • Responsibility to Protect as a Basis for ‘Judicial Humanitarian Intervention’
    Tomoko Yamashita
  • Military Commanders as Bystanders to International Crimes: A Responsibility to Protect?
    Lenneke Sprik
  • Commentary: R2P as a Transforming and Transformative Concept in the Context of Responsibility as Liability
    Elena Katselli
  • PART VIII. CONCLUDING OBSERVATIONS
  • R2P: An Inquiry into its Transformative Potential
    Nicholas Tsagourias
  • The Transformative Agendas of R2P Discourses in International Law
    Jean d'Aspremont
  • Index