9781315553535 (electronic book) 1315553538 (electronic book) 9781317017912 (electronic book : EPUB) 1317017919 (electronic book : EPUB) 9781317017905 (electronic book : Mobipocket) 1317017900 (electronic book : Mobipocket) 9781317017929 1317017927
Routledge Research in International Law Ser.
This book tracks the development of the emerging international legal principle of a responsibility to protect over the past two decades. It contrasts the influential version of the principle introduced by the International Commission on Intervention and State Sovereignty in 2001 with subsequent interpretations of the responsibility to protect advocated by the United Nations through its human protection agenda, and reviews the dangers and inconsistencies inherent in both perspectives. The author demonstrates that the evolving responsibility to protect principle can be recruited to support a wide range of irreconcilable projects, from those of cosmopolitan constitutionalism to those of hegemonic international law. However, despite the dangers posed by this susceptibility to conceptual hijacking, Oman argues that the responsibility to protect, like human rights, is an essential a modern emancipatory formation. To remedy this dangerous malleability, the author advocates a third, distinctive interpretation of the responsibility to protect designed to limit its cooptation by liberal anti-pluralist and hegemonic international law agendas. Oman outlines the key features of such a minimalist conception, and explores its fit with the "RtoP" version of the responsibility to protect promoted in recent years by the UN. The author argues that two crucial features missing from the UN reading of the principle should be developed in future: an acknowledgement of the role of non-state actors as bearers of the responsibility to protect, and a recognition of the principle's legal character. Both of these aspects of the principle offer means to democratize the international law-making enterprise.
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Formatted Contents Note
Cover; Half Title; Series Page; Title Page; Copyright Page; Dedication; Table of Contents; Acknowledgements; Abbreviations and acronyms; Introduction; Scope; Organization; 1. A philosophical underpinning for a state's "responsibility to protect"; The responsibility to protect; The responsibility to prevent; The capabilities approach; The capabilities approach as a philosophical foundation for a state's responsibility to protect; Conclusions; 2. The role of a sensus communis in a theory of judgement; Note on the history of the appeal of these two qualities; Kant's theory of aesthetic judgement Arendt's theory of judgementArendtian theories of judgement: Disch, Benhabib, and Young; The validity of judgements; Conclusion; 3. Human security and Hannah Arendt's "right to have rights"; Hannah Arendt and statelessness; The significance of statelessness; The right to have rights; The first "right"; The having of rights; Why "rights"?; The transformation of international law; Human security; The responsibility to protect; Arendtian observations on human security; Conclusion; 4. The scope of the "responsibility to prevent" atrocity crimes: A remit for intervention? The responsibility to protectThe responsibility to prevent; The compass of root cause prevention; Triggering conditions for exercise of the responsibility to prevent; The liberal peace and the responsibility to prevent; General conclusions; 5. The international legal character of the responsibility to protect; I The responsibility to protect: major variants and common themes; II General principles; III Theoretical interlude: the "how"; IV A preliminary genealogy of the third category of general principles in the Charter era; V Human rights and human rights protection norms VI The responsibility to protect as a general principle6. Distant strangers and our responsibility to protect; Justice and the place of persons; Cultural relativism; O'Neill and distant strangers; Implications of O'Neill's argument; The duty to assist and the responsibility to protect; Agency and the responsibility to protect; Recommendations and conclusions; Bibliography; Index
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OCLC-licensed vendor bibliographic record.