Humanitarian Intervention: Ethical, Legal and Political Dilemmas

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Overview

"The genocide in Rwanda showed us how terrible the consequences of inaction can be in the face of mass murder. But the conflict in Kosovo raised equally important questions about the consequences of action without international consensus and clear legal authority. On the one hand, is it legitimate for a regional organization to use force without a UN mandate? On the other, is it permissible to let gross and systematic violations of human rights, with grave humanitarian consequences continue unchecked?" (United Nations Secretrary-General Kofi Annan). This book is a comprehensive, integrated discussion of 'the dilemma' of humanitarian intervention. Written by leading analysts of international politics, ethics, and law, it seeks, among other things, to identify strategies that may, if not resolve, at least reduce the current tension between human rights and state sovereignty. Humanitarian Intervention is an invaluable contribution to the debate on all aspects of this vital global issue. J.L. Holzgrefe is a Visiting Research Scholar in the Department of Political Science, Duke University. He is a former Lecturer in International Relations at the University of St. Andrews, Scotland, and visiting scholar at the Center of International Studies, Princeton University, the Center for International Affairs, Harvard University, and elsewhere. He was educated at Monash University, Australia and Balliol College, Oxford. He has published on the history of international relations thought. Robert O. Keohane is James B. Duke Professor of Political Science, Duke University. He is interested in the role played by governance in world politics, and in particular on how international institutions and transnational networks operate. He is the author of After Hegemony: Cooperation and Discord in the World Political Economy (Princeton, 1984), for which he was awarded the second annual Grawemeyer Award in 1989 for Ideas Improving World Order. He is also the author of International Institutions and State Power: Essays in International Relations Theory (Westview, 1989), co-author of Power and Independence: World Politics in Transition (Little, Brown, 1977; 3rd edition 2001), and co-author of Designing Social Inquiry: Scientific Inference in Qualitative Research (Princeton, 1994). He is a fellow of the American Academy of Arts and Sciences and has been the recipient of a Guggenheim fellowship.

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Editorial Reviews

From the Publisher
"No other volume on humanitarian intervention better showcases the diverse intellectual terms or political stakes currently in play." Foreign Affairs

"The papers in this volume offer an informative analysis of humanitarian intervention with real intellectual coherence. The interdisciplinarity of the contributions, the sensitivity to the phenomenon of weak states, and the recognition of the tensions between human rights and the war on terrorism, combine to make this book both timely and welcome". Charles R. Beitz, Department of Politics, Princeton University

"This is a powerful and satisfying book. This superb set of essays provides a way to integrate and synthesize approaches from international law, moral philosophy and politics into a framework to deal with such complex and shattering events as Rwanda, Kosovo and September 11." Antonia Chayes, Kennedy School of Government, Harvard University.

"This is a powerful and satisfying book. This superb set of essays provides a way to integrate and synthesize approaches from international law, moral philosophy and politics into a framework to deal with such complex and shattering events as Rwanda, Kosovo and September 11." Antonia Chayes, Kennedy School of Government, Harvard University.

"Humanitarian intervention lies at the fault line between the international system's commitments to state autonomy and integrity and to the protection of human rights. These original essays are an important contribution to policy clarification and to scholarship." W. Michael Reisman, Yale Law School, Yale University

"This anthology should set a standard because of its comprehensive treatment of the subject—among the most current and most controversial in international law—and because of obstacles to agreeing about legitimate intervention. The contributors clearly explain why intervention remains an "imperfect duty". . . The relevance of the book to the post-Communist international order is hard to understate. . ." Library Journal

"Students of international law and international relations will find this collection particularly informative. [It] contains contributions by most of the leading scholars working in this field.... It would be difficult to find fault with this collection." The Law and Politics Book Review

"This anthology should set a standard because of its comprehensive treatment of the subject—among the most current and most controversial in international law—and because of obstacles to agreeing about legitimate intervention. The contributors clearly explain why intervention remains an "imperfect duty". . . The relevance of the book to the post-Communist international order is hard to understate. . ." Library Journal

"This is a thoughtful, scholarly collection of eight essays by prominent thinkers with diversified backgrounds in law, philosophy, and political science." Choice

Library Journal
This anthology should set a standard because of its comprehensive treatment of the subject-among the most current and most controversial in international law-and because of obstacles to agreeing about legitimate intervention. The contributors clearly explain why intervention remains an "imperfect duty." Responding to genocide in Bosnia, Rwanda, and Cambodia, among other venues, has exposed a gap between the legitimacy of preventing egregious violations of human rights and the norm of nonintervention present in positive law and the United Nations Charter. Thus, Allen Buchanan warns that one "cannot move directly from the commitment to the rule of law as an ideal to strict fidelity to existing law," and it is precisely this concern about "movement" that most of the writers share. Michael Byers and Simon Chesterman ask if an admission of "exceptional illegality" in intervention cannot in fact strengthen international law; Michael Ignatieff ironically notes how the idea of "Westphalian" sovereign nonintervention is accorded to collapsed or failed states; Jane Stromseth warns against the "drawbacks of a premature codification" of a right to intervene. The relevance of the book to the post-Communist international order is hard to understate, yet the level of treatment presumes a familiarity with international law that many undergraduates may not possess. Recommended for larger academic libraries.-Zachary T. Irwin, Sch. of Humanities & Social Science, Pennsylvania State, Erie Copyright 2003 Reed Business Information.
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Product Details

  • ISBN-13: 9780521821988
  • Publisher: Cambridge University Press
  • Publication date: 9/28/2005
  • Pages: 364
  • Product dimensions: 5.98 (w) x 8.98 (h) x 0.94 (d)

Meet the Author

J. L. HOLZGREFE is a Visiting Research Scholar in the Department of Political Science, Duke University

ROBERT O. KEOHANE is James B. Duke Professor of Political Science, Duke University

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Table of Contents

Introduction Robert O. Keohane; Part I. The Context for Humanitarian Intervention: 1. The humanitarian intervention debate J. L. Holzgrefe; 2. Humanitarian intervention before and after 9/11: legality and legitimacy Tom J. Farer; Part II. The Ethics of Humanitarian Intervention: 3. The liberal case for humanitarian intervention Fernando R. Tesón; 4. Reforming the international law of humanitarian intervention Allen Buchanan; Part III. Law and Humanitarian Intervention: 5. Changing the rules about rules?: unilateral humanitarian intervention and the future of international law Michael Byers and Simon Chesterman; 6. Interpretation and change in the law of humanitarian intervention Thomas M. Franck; 7. Humanitarian intervention: incremental change versus codification Jane Stromseth; Part IV. The Politics of Humanitarian Intervention: 8. Political authority after intervention: gradations in sovereignty Robert O. Keohane; 9. State failure and nation-building Michael Ignatieff.

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