Nikolaos K. Tsagourias
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The protection of nationals as humanitarian action
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This chapter addresses the legal, philosophical and empirical enquiries which the protection of nationals entails and which would justify its assimilation into a concept of humanitarian intervention lato sensu. Prior to this, it is necessary to explore the legal and theoretical structure of the self-defence argument. The protection of nationals as self-defence implies an identification of interests between nationals and states which triggers the state's defensive action and coincides with the emergence of modern states. The development of self-defence into an international legal proposition coincides with the emergence of the community of states and the organisation of its enforcement and sanctioning mechanisms. In the self-defence argument, one can trace a state-conscious concept, an attempt to buttress legal discourse against de-legitimisation and destabilization. Since protection of nationals raises similar moral and legal questions as humanitarian intervention, this may jeopardise the clarity and efficiency of legal rules to order state interaction.

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Jurisprudence of international law

The humanitarian dimension

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