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This book provides an innovative contribution to the study of the Responsibility to Protect and Kantian political theory. The Responsibility to Protect (R2P) doctrine has been heralded as the new international security norm to ensure the protection of peoples against genocide, ethnic cleansing, war crimes and crimes against humanity. Yet, for all of the discussion, endorsements and reaffirmations of this new norm, R2P continues to come under fire for its failures, particularly, and most recently, in the case of Syria. This book argues that a duty to protect is best considered a Kantian provisional duty of justice. The international system ought to be considered a state of nature, where legal institutions are either weak or absent, and so duties of justice in such a condition cannot be considered peremptory. This book suggests that by understanding the duty’s provisional status, we understand the necessity of creating the requisite executive, legislative and judicial authorities. Furthermore, the book provides three innovative contributions to the literature, study and practice of R2P and Kantian political theory: it provides detailed theoretical analysis of R2P; it addresses the research gap that exists with Kant’s account of justice in states of nature; and it presents a more comprehensive understanding of the metaphysics of justice as well as R2P. This book will be of much interest to students of the Responsibility to Protect, humanitarian intervention, global ethics, international law, security studies and international relations (IR) in general.
In 2011, the United Nations Security Council adopted Resolution 1973, authorizing its member states to take measures to protect Libyan civilians from Muammar Gadhafi’s forces. In invoking the “responsibility to protect,” the resolution draws on the principle that sovereign states are responsible and accountable to the international community for the protection of their populations and that the international community can act to protect populations when national authorities fail to do so. The idea that sovereignty includes the responsibility to protect is often seen as a departure from the classic definition, but it actually has deep historical roots. In Sovereignty and the Responsibility to Protect, Luke Glanville argues that this responsibility extends back to the sixteenth and seventeenth centuries, and that states have since been accountable for this responsibility to God, the people, and the international community. Over time, the right to national self-governance came to take priority over the protection of individual liberties, but the noninterventionist understanding of sovereignty was only firmly established in the twentieth century, and it remained for only a few decades before it was challenged by renewed claims that sovereigns are responsible for protection. Glanville traces the relationship between sovereignty and responsibility from the early modern period to the present day, and offers a new history with profound implications for the present.
This edited volume critically examines the widely supported doctrine of the 'Responsibility to Protect', and investigates the claim that it embodies progressive values in international politics. Since the United Nations World Summit of 2005, a remarkable consensus has emerged in support of the doctrine of the ‘responsibility to protect’ (R2P) – the idea that states and the international community bear a joint duty to protect peoples around the world from mass atrocities. While there has been plenty of discussion over how this doctrine can best be implemented, there has been no systematic criticism of the principles underlying R2P. This volume is the first critically to interrogate both the theoretical principles and the policy consequences of this doctrine. The authors in this collection argue that the doctrine of R2P does not in fact embody progressive values, and they explore the possibility that the R2P may undermine political accountability within states and international peace between them. This volume not only advances a novel set of arguments, but will also spur debate by offering views that are seldom heard in discussions of R2P. The aim of the volume is to bring a range of criticisms to bear from a variety of disciplinary perspectives, including international law, political science, IR theory and security studies. This book will be of much interest to students of the Responsibility to Protect, humanitarian intervention, human security, critical security studies and IR in general.
Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty
The idea that states and the international community have a responsibility to protect populations at risk has framed internationalist debates about conflict prevention, humanitarian aid, peacekeeping and territorial administration since 2001. This book situates the responsibility to protect concept in a broad historical and jurisprudential context, demonstrating that the appeal to protection as the basis for de facto authority has emerged at times of civil war or revolution - the Protestant revolutions of early modern Europe, the bourgeois and communist revolutions of the following centuries and the revolution that is decolonisation. This analysis, from Hobbes to the UN, of the resulting attempts to ground authority on the capacity to guarantee security and protection is essential reading for all those seeking to understand, engage with, limit or critique the expansive practices of international executive action authorised by the responsibility to protect concept.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Reflecting the work of an international panel of experts, the International Handbook on Psychopathic Disorders and the Law offers an in-depth and multidisciplinary look at key aspects of the development and etiology of psychopathic disorders, current methods of intervention, treatment and management, and how these disorders impact decision making in civil and criminal law.
"Never again!" the world has vowed time and again since the Holocaust. Yet genocide, ethnic cleansing, and other mass atrocity crimes continue to shock our consciences—from the killing fields of Cambodia to the machetes of Rwanda to the agony of Darfur. Gareth Evans has grappled with these issues firsthand. As Australian foreign minister, he was a key broker of the United Nations peace plan for Cambodia. As president of the International Crisis Group, he now works on the prevention and resolution of scores of conflicts and crises worldwide. The primary architect of and leading authority on the Responsibility to Protect ("R2P"), he shows here how this new international norm can once and for all prevent a return to the killing fields. The Responsibility to Protect captures a simple and powerful idea. The primary responsibility for protecting its own people from mass atrocity crimes lies with the state itself. State sovereignty implies responsibility, not a license to kill. But when a state is unwilling or unable to halt or avert such crimes, the wider international community then has a collective responsibility to take whatever action is necessary. R2P emphasizes preventive action above all. That includes assistance for states struggling to contain potential crises and for effective rebuilding after a crisis or conflict to tackle its underlying causes. R2P's primary tools are persuasion and support, not military or other coercion. But sometimes it is right to fight: faced with another Rwanda, the world cannot just stand by. R2P was unanimously adopted by the UN General Assembly at the 2005 World Summit. But many misunderstandings persist about its scope and limits. And much remains to be done to solidify political support and to build institutional capacity. Evans shows, compellingly, how big a break R2P represents from the past, and how, with its acceptance in principle and effective application in practice, the promise of "Never
"This publication contains the 'Guiding Principles on Business and Human Rights: Implementing the United Nations Protect, Respect and Remedy Framework', which were developed by the Special Representative of the Secretary-General on the issue of human rights and transnational corporations and other business enterprises. The Special Representative annexed the Guiding Principles to his final report to the Human Rights Council (A/HRC/17/31), which also includes an introduction to the Guiding Principles and an overview of the process that led to their development. The Human Rights Council endorsed the Guiding Principles in its resolution 17/4 of 16 June 2011."--P. iv.