Search results for 'Intervention (International law' (try it on Scholar)

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  1.  86
    Patrick Macklem (2008). Humanitarian Intervention and the Distribution of Sovereignty in International Law. Ethics and International Affairs 22 (4):369-393.
    Legal debates about humanitarian intervention—military intervention by one or more states to curb gross human rights violations occurring in another state—tend to assume that its legitimacy is irrelevant to its legality. Debates among philosophers and political theorists often assume the inverse, that the legality of humanitarian intervention is irrelevant to its legitimacy. This paper defends an alternative account, one that sees the legality and legitimacy of humanitarian intervention as intertwined. This account emerges from a conception of (...)
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  2.  13
    Antonio Franceschet (2010). Kant, International Law, and the Problem of Humanitarian Intervention. Journal of International Political Theory 6 (1):1-22.
    International law has one principal mechanism for settling the legality of humanitarian interventions, the United Nations Security Council's power to authorise coercion. However, this is hardly satisfactory in practice and has failed to provide a more secure juridical basis for determining significant conflicts among states over when humanitarian force is justified. This article argues that, in spite of Immanuel Kant's limited analysis of intervention, and his silence on humanitarian intervention, his political theory provides the elements of a compelling (...)
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  3.  9
    James Pattison (2007). Humanitarian Intervention and International Law: The Moral Importance of an Intervener's Legal Status. Critical Review of International Social and Political Philosophy 10 (3):301-319.
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  4.  1
    Brian D. Lepard (2002). [Book Review] Rethinking Humanitarian Intervention, a Fresh Legal Approach Based on Fundamental Ethical Principles in International Law and World Religions. [REVIEW] Ethics and International Affairs 16 (2):166-168.
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  5. Peter J. Hoffman (2002). Rethinking Humanitarian Intervention: A Fresh Legal Approach Based on Fundamental Ethical Principles in International Law and World Religions, Brian D. Lepard , 528 Pp., $55 Cloth. [REVIEW] Ethics and International Affairs 16 (2):166-168.
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  6.  23
    James Turner Johnson (2006). Humanitarian Intervention After Iraq: Just War and International Law Perspectives. Journal of Military Ethics 5 (2):114-127.
  7.  23
    Alyssa R. Bernstein (2007). Kant on Rights and Coercion in International Law: Implications for Humanitarian Military Intervention. Philosophy 38 (2):237.
  8.  18
    Jennifer Rubenstein (2005). Fiona Terry, Condemned to Repeat? The Paradox of Humanitarian Action, and Brian D. Lepard, Rethinking Humanitarian Intervention: A Fresh Legal Approach Based on Fundamental Ethical Principles in International Law and World Religions:Condemned to Repeat? The Paradox of Humanitarian Action;Rethinking Humanitarian Intervention: A Fresh Legal Approach Based on Fundamental Ethical Principles in International Law and World Religions. Ethics 115 (4):850-853.
  9.  89
    Matthew Lister (2010). Review of May & Hoskins, International Criminal Law and Philosophy. [REVIEW] Concurring Opinions Blog.
    This is a review of an anthology on international criminal law edited by Larry May and Zack Hoskins.
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  10. Fernando R. Tesón (1998). A Philosophy of International Law. Westview Press.
    Why should sovereign states obey international law? What compels them to owe allegiance to a higher set of rules when each country is its own law of the land? What is the basis of their obligations to each other? Conventional wisdom suggests that countries are too different from one another culturally to follow laws out of mere loyalty to each other or a set of shared moral values. Surely, the prevailing view holds, countries act simply out of self-interest, and they (...)
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  11.  2
    Tarik Kochi (forthcoming). Conflicting Lineages of International Law: Cicero, Hugo Grotius and Adam Smith on Global Property Relations. Jurisprudence:1-30.
    This essay presents an interpretation of the juridical thought of Cicero, Hugo Grotius and Adam Smith. Focussing upon questions of property, capital accumulation and violence, the essay traces a tension within their writings between a social ethic of human fellowship and compassion, and, a theory of the utility of ‘unsocial’ commercial self-interest. This tension forms a key problem for the tradition of liberal international law. For Grotius and Smith one response to this tension is to attempt to reign in capitalist (...)
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  12.  49
    Cesare Pinelli (2010). The Kelsen/Schmitt Controversy and the Evolving Relations Between Constitutional and International Law. Ratio Juris 23 (4):493-504.
    The article examines Hans Kelsen's and Carl Schmitt's lines of thought concerning the relationship between constitutional and international law, with the aim of ascertaining their respective ability to capture developments affecting that relationship, even those of a contradictory nature. It is significant that, while the rise of wars of humanitarian intervention in the post-Cold War era has evoked Schmitt's concept of the bellum iustum, the evolution in the direction of the “constitutionalisation of international law” has drawn attention to Kelsen's (...)
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  13.  3
    Claus Kreß (2015). Revitalised Early Christian Just War Thinking and International Law: Some Observations on Nigel Biggar’s In Defence of War. Studies in Christian Ethics 28 (3):305-315.
    In light of the well-established international legal principle of non-use of force in international relations, Nigel Biggar’s In Defence of War may give rise to concern in the academy of international lawyers. But the gap between the book’s conclusions and the current international law on the use of force turns out to be less significant upon closer inspection than at first sight. This essay reviews Biggar’s concept of ‘just war as punishment’, his view on the legal status of the ‘unjust (...)
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  14.  22
    Michael N. Schmitt * (2004). The Legality of Operation Iraqi Freedom Under International Law. Journal of Military Ethics 3 (2):82-104.
    This article evaluates the legality of Operation Iraqi Freedom, the March 2003 attack on Iraq. The author rejects assertions that Security Council Resolution 1441 (2002), standing alone, contained a mandate to employ force; on the contrary, the Resolution was only adopted on the understanding that it did not. The law of self-defense, including its ?preemptive? variant, similarly provided no legal basis for the action because the degree of Iraqi support to terrorism was insufficient and the threat of use of weapons (...)
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  15. Tarik Kochi (2016). Conflicting Lineages of International Law: Cicero, Hugo Grotius and Adam Smith on Global Property Relations. Jurisprudence:1-30.
    This essay presents an interpretation of the juridical thought of Cicero, Hugo Grotius and Adam Smith. Focussing upon questions of property, capital accumulation and violence, the essay traces a tension within their writings between a social ethic of human fellowship and compassion, and, a theory of the utility of ‘unsocial’ commercial self-interest. This tension forms a key problem for the tradition of liberal international law. For Grotius and Smith one response to this tension is to attempt to reign in capitalist (...)
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  16. Brad R. Roth (1999). Governmental Illegitimacy in International Law. Oxford University Press Uk.
    When is a de facto authority not entitled to be considered a `government' for the purposes of International Law? International reaction to the 1991-4 Haitian crisis is only the most prominent in a series of events that suggest a norm of governmental illegitimacy is emerging to challenge more traditional notions of state sovereignty. This challenge has dramatic implications for two fundamental legal strictures: that against the use or threat of force against a state's political independence, and that against interference in (...)
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  17. Kimberly A. Hudson (2011). Justice, Intervention, and Force in International Relations: Reassessing Just War Theory in the 21st Century. Routledge.
    This book analyses the problems of current just war theory, and offers a more stable justificatory framework for non-intervention in international relations. The primary purpose of just war theory is to provide a language and a framework by which decision makers and citizens can organize and articulate arguments about the justice of particular wars. Given that the majority of conflicts that threaten human security are now intra-state conflicts, just war theory is often called on to make judgments about wars (...)
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  18. Jennifer M. Welsh (ed.) (2004). Humanitarian Intervention and International Relations. Oxford University Press Uk.
    The issue of humanitarian intervention has generated one of the most heated debates in International Relations over the past decade - among both theorists and practitioners. At the heart of the debate is the alleged tension between the principle of state sovereignty, a defining pillar of the UN system and international law, and the evolving international norms related to human rights and the use of force.This edited book investigates the controversial place of humanitarian intervention in the theory and (...)
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  19. Jennifer M. Welsh (ed.) (2006). Humanitarian Intervention and International Relations. Oxford University Press Uk.
    Should states use military force for humanitarian purposes? What are the challenges to international society posed by humanitarian intervention in a post-September 11th world? This path-breaking work brings together well-known scholars of law, philosophy, and international relations, together with practitioners who have been actively engaged in intervention during the past decade. Together, this team provides practical and theoretical answers to one of the most burning issues of our day. Case studies include Somalia, Rwanda, the Balkans, and East Timor, (...)
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  20. Isaac Nakhimovsky (2010). Carl Schmitt's Vattel and the 'Law of Nations' Between Enlightenment and Revolution. Grotiana 31 (1):141-164.
    This article questions the status of Vattel's Law of Nations as an exemplary illustration of eighteenth-century developments in the history of international law. Recent discussions of the relation between eighteenth-century thinking about the law of nations and the French Revolution have revived Carl Schmitt's contention about the nexus between just war theory and the emergence of total war. This evaluative framework has been used to identify Vattel as a moral critic of absolutism who helped undermine the barriers against total war, (...)
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  21.  3
    Aurélie Knüfer (2014). “Droit international” et opinion publique de Jeremy Bentham à John Stuart Mill. Revue D’Études Benthamiennes 13.
    This article offers an interpretation of the first part – most often neglected by commentators – of « A Few Words on Non-Intervention » by John Stuart Mill. It shows that these pages are not a naive apology of the English foreign policy: on the contrary we have to seriously consider the ideas concerning public opinion and the need for diplomats to reform their language, which are here exposed. Indeed, it is only possible to understand the emancipatory aims of (...)
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  22. N. Polat (1999). International Law, the Inherent Instability of the International System, and International Violence. Oxford Journal of Legal Studies 19 (1):51-70.
    The paradox which characterizes the modern states system is that the dual structure of sovereignty and justice through which the system was originally conceived is no more, yet the system is still with us. Justice was redefined in the 19th century as a mere derivation of state sovereignty, a process reducing the focus of the system to sovereignty alone and thus dispossessing the system of a principle to mediate between the sovereign will and the international community. It is argued in (...)
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  23. Ned Dobos (2010). Is U.N. Security Council Authorisation for Armed Humanitarian Intervention Morally Necessary? Philosophia 38 (3):499-515.
    Relative to the abundance of literature devoted to the legal significance of UN authorisation, little has been written about whether the UN’s failure to sanction an intervention can ever make it immoral. This is the question that I take up here. I argue that UN authorisation (or lack thereof) can have some indirect bearing on the moral status of a humanitarian intervention. That is, it can affect whether an intervention satisfies other widely accepted justifying conditions, such as (...)
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  24.  8
    Sean D. Murphy (2013). Jus Ad Bellum, Values, and the Contemporary Structure of International Law. Journal of Religious Ethics 41 (1):20-26.
    In “Religion, Violence, and Human Rights: Protection of Human Rights as Justification for the Use of Armed Force,” James Johnson discusses an important dilemma for contemporary society: when should transnational military force be permitted to protect human rights? Professor Johnson uses the relatively recent doctrine of a “responsibility to protect” as the centerpiece of his paper, characterizing it as a reaction to legal concepts that emerged in the “Westphalian system.” Yet the doctrine, at least as it relates to the use (...)
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  25.  9
    Ian Hurd (2011). Is Humanitarian Intervention Legal? The Rule of Law in an Incoherent World. Ethics and International Affairs 25 (3):293-313.
    The legality of humanitarian intervention is essentially indeterminate. No amount of debate over the law or recent cases will resolve its status; it is both legal and illegal at the same time.
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  26.  27
    George R. Lucas (2003). The Role of the 'International Community' in Just War Tradition--Confronting the Challenges of Humanitarian Intervention and Preemptive War. Journal of Military Ethics 2 (2):122-144.
    Although the use of military force for humanitarian ends seems utterly divorced from the use of such force to combat terrorism, both uses answer to similar descriptions. Both appear to encourage nations that are not necessarily themselves under attack to set aside the reigning conventions of national sovereignty and territorial integrity for the overriding purposes of international law enforcement and protection of vulnerable noncombatants. Both involve offensive rather than purely defensive uses of military force. Both answer to criteria of justification (...)
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  27.  20
    Ellen Frankel Paul, Fred Dycus Miller & Jeffrey Paul (eds.) (2006). Justice and Global Politics. Cambridge University Press.
    Since the end of the Cold War, there has been increasing interest in the global dimensions of a host of public policy issues - issues involving war and peace, terrorism, international law, regulation of commerce, environmental protection, and disparities of wealth, income, and access to medical care. Especially pressing is the question of whether it is possible to formulate principles of justice that are valid not merely within a single society but across national borders. The thirteen essays in this volume (...)
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  28.  31
    Andrew Altman (2009). A Liberal Theory of International Justice. Oxford University Press.
    This book advances a novel theory of international justice that combines the orthodox liberal notion that the lives of individuals are what ultimately matter morally with the putatively antiliberal idea of an irreducibly collective right of self-governance. The individual and her rights are placed at center stage insofar as political states are judged legitimate if they adequately protect the human rights of their constituents and respect the rights of all others. Yet, the book argues that legitimate states have a moral (...)
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  29.  10
    Matthew J. Lister (2011). Are Institutions and Empiricism Enough? [REVIEW] Transnational Legal Theory 2 (1).
    Legal philosophers have given relatively little attention to international law in comparison to other topics, and philosophers working on international or global justice have not taken international law as a primary focus, either. Allen Buchanan's recent work is arguably the most important exception to these trends. For over a decade he has devoted significant time and philosophical skill to questions central to international law, and has tied these concerns to related issues of global justice more generally. In what follows I (...)
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  30.  33
    Ned Dobos (2011). Consistency in the Armed Enforcement of Human Rights: A Moral Necessity? Journal of Moral Philosophy 8 (1):92-109.
    There is no denying that international human rights norms are enforced selectively. Some oppressive governments become the targets of military intervention, while the political sovereignty of other, equally oppressive regimes is left intact. My aim in this paper is to determine whether a military operation to defend human rights can possibly be made morally illegitimate by the fact that the state prosecuting it has failed, is failing or will fail to defend human rights under relevantly similar circumstances elsewhere.
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  31.  27
    Endre Begby (2012). Collective Responsibility for Unjust Wars. POLITICS 32 (2):100-108.
    This article argues against Anna Stilz's recent attempt to solve the problem of citizens' collective responsibility in democratic states. I show that her solution could only apply to state actions that are (in legal terminology) unjustified but excusable. Stilz's marquee case – the 2003 invasion of Iraq – does not, I will argue, fit this bill; nor, in all likelihood, does any other case in recorded history. Thus, this article concludes, we may allow that Stilz's argument offers a theoretically cogent (...)
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  32.  7
    V. Éronique Zanetti (2001). Global Justice: Is Interventionalism Desirable? Metaphilosophy 32 (1&2):196-211.
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  33.  9
    James Turner Johnson (2013). Religion, Violence, and Human Rights. Journal of Religious Ethics 41 (1):1-14.
    Beginning with the support given by religious groups to humanitarian intervention for the protection of basic human rights in the debates of the 1990s, this essay examines the use of the human rights idea in relation to international law on armed conflict, the “Responsibility To Protect” doctrine, and the development of the idea of sovereignty associated with the “Westphalian system” of international order, identifying a dilemma: that the idea of human rights undergirds both the principle of non-intervention in (...)
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  34. Kok-Chor Tan (2005). International Toleration: Rawlsian Versus Cosmopolitan. Leiden Journal of International Law 18 (4):685-710.
  35. Daniel Messelken (2012). The Responsibility to Protect - mehr als nur 'gerechter Krieg' in einem entstehenden Paradigma des Völkerrechts. Militärseelsorge 49:151-159.
  36. Rory J. Conces (2001). Justifying Coercive and Non-Coercive Intervention: Strategic and Humanitarian Arguments. Acta Analytica 16 (27):133-52.
    The world's political and military leaders are under increasing pressure to intervene in the affairs of sovereign nations. Although the sovereignty of states and the corollary principle of nonintervention have been part of the foundation of international law, there is some latitude for states, as well as collective security organizations, to intervene in another state's domestic and foreign affairs, thus making sovereignty and the principle less than absolute. In this paper I first sketch a reasonable foundation for sovereignty of states (...)
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  37.  50
    Richard B. Miller (2000). Humanitarian Intervention, Altruism, and the Limits of Casuistry. Journal of Religious Ethics 28 (1):3 - 35.
    This essay argues that the ethics of humanitarian intervention cannot be readily subsumed by the ethics of just war without due attention to matters of political and moral motivation. In the modern era, a just war draws directly from self-benefitting motives in wars of self-defense, or indirectly in wars that enforce international law or promote the global common good. Humanitarian interventions, in contrast, are intuitively admirable insofar as they are other-regarding. That difference poses a challenge to the casuistry of (...)
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  38.  63
    Terry Nardin (2002). The Moral Basis of Humanitarian Intervention. Ethics and International Affairs 16 (1):57–70.
    Nardin examines the moral principles underlying the idea of humanitarian intervention from the perspective of international law and from that of the natural law tradition.
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  39. Deen K. Chatterjee & Don E. Scheid (eds.) (2003). Ethics and Foreign Intervention. Cambridge University Press.
    This book is a collection of original essays by some of the leading moral and political thinkers of our time on the ethical and legal implications of humanitarian military intervention. As the rules for the 'new world order' are worked out in the aftermath of the Cold War, this issue is likely to arise more and more frequently, and the moral implications of such interventions will become a major focus for international law, the United Nations, regional organizations such as (...)
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  40. Aleksandar Jokic (ed.) (2003). Humanitarian Intervention: Moral and Philosophical Issues. Broadview Press.
    International law makes it explicit that states shall not intervene militarily or otherwise in the affairs of other states; it is a central principle of the charter of the United Nations. But international law also provides an exception; when a conflict within a state poses a threat to international peace, military intervention by the UN may be warranted.. The Charter and other UN documents also assert that human rights are to be protected — but in the past the responsibility (...)
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  41. Burleigh Wilkins (2003). Humanitarian Intervention: Moral and Philosophical Issues. Broadview Press.
    International law makes it explicit that states shall not intervene militarily or otherwise in the affairs of other states; it is a central principle of the charter of the United Nations. But international law also provides an exception; when a conflict within a state poses a threat to international peace, military intervention by the UN may be warranted. (Indeed, the UN Charter provides for an international police force, though nothing has ever come of this provision). The Charter and other (...)
     
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  42.  33
    John J. Davenport (2011). Just War Theory, Humanitarian Intervention, and the Need for a Democratic Federation. Journal of Religious Ethics 39 (3):493-555.
    The primary purpose of government is to secure public goods that cannot be achieved by free markets. The Coordination Principle tells us to consolidate sovereign power in a single institution to overcome collective action problems that otherwise prevent secure provision of the relevant public goods. There are several public goods that require such coordination at the global level, chief among them being basic human rights. The claim that human rights require global coordination is supported in three main steps. First, I (...)
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  43.  16
    Jess Kyle (2013). Protecting the World: Military Humanitarian Intervention and the Ethics of Care. Hypatia 28 (2):257-273.
    Feminist care theorists Virginia Held and Joan Tronto have suggested that care is relevant to political issues concerning distant others and that care can provide the basis for a more comprehensive moral approach. I consider their approaches with regard to the policy issue of military humanitarian intervention, and raise concerns about exceptionalist attitudes toward international law that entail a collection of costs that I refer to as “the problem of global worldlessness.” I suggest that an ethic of care can (...)
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  44. Aleksandar Jokic (ed.) (2003). Humanitarian Intervention: Moral and Philosophical Issues. Broadview Press.
    International law makes it explicit that states shall not intervene militarily or otherwise in the affairs of other states; it is a central principle of the charter of the United Nations. But international law also provides an exception; when a conflict within a state poses a threat to international peace, military intervention by the UN may be warranted.. The Charter and other UN documents also assert that human rights are to be protected—but in the past the responsibility for the (...)
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  45. Aleksandar Jokic (ed.) (2003). Humanitarian Intervention: Moral and Philosophical Issues. Broadview Press.
    International law makes it explicit that states shall not intervene militarily or otherwise in the affairs of other states; it is a central principle of the charter of the United Nations. But international law also provides an exception; when a conflict within a state poses a threat to international peace, military intervention by the UN may be warranted.. The Charter and other UN documents also assert that human rights are to be protected — but in the past the responsibility (...)
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  46. Don E. Scheid (ed.) (2014). The Ethics of Armed Humanitarian Intervention. Cambridge University Press.
    The question of military intervention for humanitarian purposes is a major focus for international law, the United Nations, regional organizations such as NATO, and the foreign policies of nations. Against this background, the 2011 bombing in Libya by Western nations has occasioned renewed interest and concern about armed humanitarian intervention and the doctrine of Responsibility to Protect. This volume brings together new essays by leading international, philosophical, and political thinkers on the moral and legal issues involved in AHI, (...)
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  47.  65
    Martha Nussbaum (2002). Women and the Law of Peoples. Politics, Philosophy and Economics 1 (3):283-306.
    John Rawls argues, in The Law of Peoples , that a principle of toleration requires the international community to respect `decent hierarchical societies' that obey certain minimal human rights norms. In this article, I question that line of argument, using women's inequality as a lens. I show that Rawls's principle would require us to treat the very same practices of the very same entity differently if it happens to set up as an independent nation rather than a state within a (...)
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  48.  10
    E. Turillazzi & V. Fineschi (2007). Female Genital Mutilation: The Ethical Impact of the New Italian Law. Journal of Medical Ethics 33 (2):98-101.
    Despite global and local attempts to end female genital mutilation , the practice persists in some parts of the world and has spread to non-traditional countries through immigration. FGM is of varying degrees of invasiveness, but all forms raise health-related concerns that can be of considerable physical or psychological severity. FGM is becoming increasingly prohibited by law, both in countries where it is traditionally practised and in countries of immigration. Medical practice prohibits FGM. The Italian parliament passed a law prohibiting (...)
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  49. Louiza Odysseos & Fabio Petito (eds.) (2007). The International Political Thought of Carl Schmitt: Terror, Liberal War and the Crisis of Global Order. Routledge.
    Presenting the first critical analysis of Carl Schmitt's _The Nomos of the Earth_ and how it relates to the epochal changes in the international system that have risen from the collapse of the ‘Westphalian’ international order. There is an emerging recognition in political theory circles that core issues, such as order, social justice, rights, need to be studied in their global context. Schmitt’s international political thought provides a stepping stone in these related paths, offering an alternative history of international relations, (...)
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  50.  9
    Marjorie Cohn (2002). Nato Bombing of Kosovo: Humanitarian Intervention or Crime Against Humanity? International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 15 (1):79-106.
    For 78 days in 1999, NATO forces led by theUnited States bombed Yugoslavia, killinghundreds of its civilians and devastating itsinfrastructure. NATO spokesmen justified thebombardment as ``humanitarian intervention''aimed at halting President Slobodan Milosevic's``ethnic cleansing'' of non-Serbs in Yugoslavia. This essay deconstructs NATO's rationalizationsand analyzes other more sinister motives forthe bombing. By containing Yugoslavia, andmaintaining a permanent presence in Kosovo, theUnited States seeks to ensure its access toCaspian Sea oil, and to maintain economichegemony over Europe. U.S. activities inother countries, such as (...)
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