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Bibliography on International Law until 1945 and the following works reviewing the literature: A. Rougier, ‘La théorie de l’intervention d’humanité’, Revue générale de droit international public , 17 (1910), 468–97; E. C. Stowell, Intervention in International Law (Washington, DC: John Byrne, 1921); J.-P. L. Fonteyne, ‘The Customary International Law Doctrine of Humanitarian Intervention: Its Current Validity Under the U
which the governmental authorities of a state are opposed by groups within that state seeking to overthrow those authorities by force of arms. In accordance with the fundamental principle of customary international law concerning the independence of a sovereign authority, this type of conflict has traditionally been regarded as falling outside the ambit of international law. If a third state considers its interests
), 37–8; W. G. Grewe, The Epochs of International Law (Berlin: Walter de Gruyter, 2000, translated and revised by M. Byers), 493; J.-P. L. Fonteyne, ‘The Customary International Law Doctrine of Humanitarian Intervention: Its Current Validity Under the U.N. Charter’, California Western International Law Journal (1973–74), 235; M. Finnemore, ‘Constructing Norms of Humanitarian Intervention’, in P. J. Katzenstein (ed.), The Culture of
M. Ganji, International Protection of Human Rights (Geneva: Librairie E. Droz, 1962), 24–6; J.-P. L. Fonteyne, ‘The Customary International Law Doctrine of Humanitarian Intervention: Its Current Validity Under the U.N. Charter’, California Western International Law Journal (1973–74), 208–9; M. Finnemore, ‘Constructing Norms of Humanitarian Intervention’, in P. J. Katzenstein (ed.), The Culture of National Security (New York
–400; Dakin, The Greek Struggle for Independence , 182–3; Crawley, The Question of Greek Independence , 75–6; Jelavich, Russia’s Balkan Entanglements , 81–2; Hinde, George Canning , 456–7. 115 Treaty of London, in Modern History Sourcebook, http://www.fordham.edu/Halsall/mod/1827gktreaty.asp . 116 J.-P. L. Fonteyne, ‘The Customary International Law Doctrine of
Russe dans la question d’Orient’, Revue du droit international et de législation comparée , 9 (1877), 49–50. 131 Mandelstam, ‘La protection des minorités’, 376–7. 132 Ganji, International Protection of Human Rights , 29–33. 133 J.-P. L. Fonteyne, ‘The Customary International Law Doctrine of
I. Brownlie, International Law and the Use of Force by States (Oxford: Clarendon Press, 1963), 46. 177 T. M. Franck and N. S. Rodley, ‘After Bangladesh: The Law of Humanitarian Intervention by Military Force’, American Journal of International Law , 67:2 (1973), 285. 178 J.-P. L., Fonteyne, ‘The Customary International Law Doctrine of Humanitarian
‘there is no “right” of humanitarian intervention in either the UN Charter or customary international law’. 89 Friedrich Kratochwil generally takes a similar line, coming to the conclusion that no right of humanitarian intervention exists save in the cases of the ‘institution of the protection of nations’ or authorised under Chapter VII of the UN Charter. 90 As noted earlier, major states such as China and Russia opposed NATO
that they expressed agreement, constitute the customary international law 74 of armed conflict, and to the extent that they have not been overruled by treaty or expressly rejected by a state, especially one considered a significant military power, they are as obligatory as any other rules of international law. 75 Inter-state concern begins The
Conventions and Protocol I requires one year’s notice and cannot in any case become effective during a current conflict. 2 Moreover, to the extent that these instruments are declaratory of customary international law, denunciation would not free the party resorting to it from any commitment which amounts to customary law. These comments only relate to the possible liability of a state. They do not affect the liability of