Nikolaos K. Tsagourias
Search for other papers by Nikolaos K. Tsagourias in
Current site
Google Scholar
PubMed
Close
Humanitarian intervention in a legal context
The prohibition on the use of force
Abstract only
Log-in for full text

This chapter explains how the antagonistic theoretical streams mould legal argument and how this is reflected in the United Nations (UN) framework and the state practice. The legal framework to be considered here is the UN Charter which adheres to sovereignty and nonintervention as guarantors of international peace, order and security but also makes proclamations for justice and human rights. According to one line of argument Article 2(4) contains an all-inclusive prohibition. Consequently, humanitarian intervention is illegal and located outside the premises of the Charter. This reasoning contains those theoretical ingredients which substantiate the concept of sovereignty. The argument which relies on Article 2(4) invokes the consensual aspect of positive international law and the role of sovereignty whereas that which relies on notions of justice and human rights invokes extra-consensual, naturalistic, aspects.

  • Collapse
  • Expand

All of MUP's digital content including Open Access books and journals is now available on manchesterhive.

 

Jurisprudence of international law

The humanitarian dimension

Metrics

All Time Past Year Past 30 Days
Abstract Views 768 478 1
Full Text Views 35 19 0
PDF Downloads 22 11 0