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Human Rights, Intervention, and the Use of Force

Edited by Philip Alston and Euan MacDonald

Oxford University Press, 2008


HumanRightsSovereigntyandtheUseofForceThe 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.




Table of Contents


1. Euan Macdonald and Philip Alston, Sovereignty, Human Rights, Security: Armed Intervention and the Foundational Problems of International Law

2. Hélène Ruiz Fabri, Human Rights and State Sovereignty: Have the Boundaries been Significantly Redrawn?

3. Olivier Corten, Human Rights and Collective Security: Is There an Emerging Right of Humanitarian Intervention?

4. Richard Bilder, The Implications of Kosovo for International Human Rights Law

5. Anthea Roberts, Can Uses of Force be Illegal but Justified?

6. Nathaniel Berman, Intervention in a 'Divided World': Axes of Legitimacy

7. Nehal Bhuta, States of Exception: Regulating Targeted Killing in a "Global Civil War"

8. José E. Alvarez, The Schizophrenias of R2P



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