Sovereignty State Failure And Human Rights

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This book argues that the effectiveness of the state apparatus is one of the crucial variables determining human rights conditions, and that state weakness and failure is responsible for much of the human rights abuses we see today. Weak states are unable to control their own agents or to police abuses by private actors, resulting in less accountability and more abuse. By contrast, stronger states have greater capacities to protect human rights; even strong authoritarian states tend to have better human rights conditions than weak ones. The first two chapters of the book develop the theoretical connections between international law, sovereignty, states and rights, and the consequences of state failure for these relationships. The empirical chapters (Chapters 3-6) test the validity of these theoretical claims, employing a multi-method approach that combines quantitative and qualitative methods. Englehart uses case studies of Afghanistan, Burma/Myanmar and the Indian state of Bihar to analyze types and patterns of state failure, based on analysis of NGO reports, archival research, primary and secondary texts, and interviews and field research. Examining what happens to human rights when states fail, the book concludes with implications for scholars and activists concerned with human rights. This book will be of great use to scholars of international relations, comparative politics, human rights law and state sovereignty.

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Genre : Law
Author : Neil Englehart
Publisher : Taylor & Francis
Release : 2017-05-08
File : 209 Pages
ISBN-13 : 9781315408217


State Failure Sovereignty And Effectiveness

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This comprehensive study of State failure upholds that the collapse of States in sub-Saharan Africa is a self-inflicted problem caused by the abandonment of the principle of effectiveness during decolonization. On the one hand, the abandonment of effectiveness may have facilitated the recognition of the new African States, but on the other it did lead to the creation of States that were essentially powerless: some of which became utter failures. Written in a style both provocative and unorthodox and using convincing arguments, this study casts doubt on some of the most sacred principles of the modern doctrine of international law. It establishes that the declaratory theory of recognition cannot satisfactorily explain the continuing existence of failed States. It also demonstrates that the principled assertion of the right to self-determination as the basis for independence in Africa has turned the notion of sovereignty into a formal-legal figment without substance. This book is a plea for more realism in international law. Pensive pessimists in the tradition of Hobbes will probably love it. Idealists in the tradition of Grotius may hate it, but they will find it very difficult to reject its conclusions.

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Genre : Law
Author : Gérard Kreijen
Publisher : Martinus Nijhoff Publishers
Release : 2004
File : 405 Pages
ISBN-13 : 9789004139657


War State And Sovereignty

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This book addresses the links between war, state and sovereignty using an interdisciplinary approach. The authors and editors investigate the transformation of the state through the practices of security governance - an effective way to question the evolution of authority and legitimacy of state violence, and the organisation of human societies. This work contributes to the understanding of the transformation of state through the prism of security challenges and provides the means to identify the evolution of their regalian contours, the legal and technical forms of regulating violence, and the legitimisation of public power. This volume shows that the contribution of the social sciences is decisive for understanding the changes of the role and insertion of armed forces in their political, social and professional environment. Grégory Daho is Associate Professor of Political Science at University Paris 1 Panthéon Sorbonne, France Yann Richard is Professor of Geography at University Paris 1 Panthéon Sorbonne, France.

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Genre : Electronic books
Author : Grégory Daho
Publisher : Springer Nature
Release : 2023
File : 282 Pages
ISBN-13 : 9783031336614


A Principled Approach To State Failure

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This book is the first legal study of state failure in international law. Dr. Giorgetti specifically analyses health, environmental and human rights emergencies and suggests concrete instruments for international actors facing emergencies in failing states. Her Principles for Action are an important contribution to the development of international law.

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Genre : Law
Author : Chiara Giorgetti
Publisher : BRILL
Release : 2010
File : 217 Pages
ISBN-13 : 9789004181274


Between Cosmopolitan Ideals And State Sovereignty

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Between Cosmopolitan Ideals and State Sovereignty explores how philosophers and political theorists have recast principles of justice and human rights in the light of challenges posed by globalization. It discusses ethical issues that arise at a global level and considers whether human rights and sovereignty can ever be reconciled.

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Genre : Political Science
Author : R. Tinnevelt
Publisher : Springer
Release : 2006-10-26
File : 284 Pages
ISBN-13 : 9780230288928


Ethical Foreign Policy

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While the 1990s gave rise to a wealth of literature on the notion of ethical foreign policy, it has tended to simply focus on a version of realism, which overlooks the role of ethics in international affairs. This book explores ethical realism as a theoretical framework.

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Genre : Law
Author : Chih-Hann Chang
Publisher : Ashgate Publishing, Ltd.
Release : 2011
File : 199 Pages
ISBN-13 : 9781409425496


The Un International Criminal Tribunals

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Both the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) are now about to close. Bachmann and Fatic look back at the achievements and shortcomings of both tribunals from an interdisciplinary perspective informed by sociology, political science, history, and philosophy of law and based upon on two key notions: the concepts of legitimacy and efficiency. The first asks to what extent the input (creation) of, the ICTY and the ICTR can be regarded as legitimate in light of the legal and public debate in the early 1990s. The second confronts the output (the procedures and decisions) of the ICTY and the ICTR with the tasks both tribunals were assigned by the UN Security Council, the General Assembly, and by key organs (the president and the chief prosecutors). The authors investigate to what extent the ICTY and the ICTR have delivered the expected results, whether they have been able to contribute to 'the maintenance of peace', 'stabilization' of the conflict regions, or even managed to provide 'reconciliation' to Rwanda. Furthermore, the book is concerned with how many criminals, over whom the ICTY and the ICTR wield jurisdiction, have actually been prosecuted and at what cost. Offering the first balanced and in depth analysis of the International Criminal Tribunals, the volume provides an important insight into what lessons have been learned, and how a deeper understanding of the successes and failures can benefit the international legal community in the future.

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Genre : Political Science
Author : Klaus Bachmann
Publisher : Routledge
Release : 2015-03-24
File : 327 Pages
ISBN-13 : 9781317631354


Fragile States And Insecure People

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This book provides a unique account of the pursuit of security at the edge of the global order. It sheds light on reform of state police and armed forces, and analyses the alternative security structures that emerge in the absence of the state. This book remains open-minded as to which 'model' for security is better.

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Genre : Political Science
Author : L. Andersen
Publisher : Springer
Release : 2007-08-06
File : 259 Pages
ISBN-13 : 9780230605572


Power The State And Sovereignty

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Stephen Krasner has been one of the most influential theorists within international relations and international political economy over the past few decades. Power, the State, and Sovereignty is a collection of his key scholarly works. The book includes both a framing introduction written for this volume, and a concluding essay examining the relationship between academic research and the actual making of foreign policy. Drawing on both his extensive academic work and his experiences during his recent role within the Bush administration (as Director for Policy Planning at the US State department) Krasner has revised and updated all of the essays in the collection to provide a coherent discussion of the importance of power, ideas, and domestic structures in world politics. Progressing through a carefully structured evaluation of US domestic politics and foreign policy, international politics and finally sovereignty, this volume is essential reading for all serious scholars of international politics.

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Genre : Political Science
Author : Stephen D. Krasner
Publisher : Routledge
Release : 2009-03-04
File : 354 Pages
ISBN-13 : 9781135974763


The Coloniality Of Humanitarian Intervention

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This book scrutinises the practice of humanitarian intervention to explore the extent to which racism and heteronormativity, rooted in colonial understandings of time and space, are enacted through the UK’s responses, failed responses and non-responses to atrocity crimes. Taking humanitarian intervention as its central focus, the book uses queer international relations scholarship to draw the ongoing coloniality of the Western state into stark relief. In particular, it highlights the ways in which dominant logics in these debates invoke subject-positions of extreme selfhood or otherness. These are identified as ‘The Brutal Dictator’, ‘The ISIL Terrorist’ and ‘The British Self’, framed as existing at various steps on ‘The Universal Path to Democracy’. In studying these extreme cultural figures of selfhood and/or otherness, the book examines the ways in which racism and heteronormativity work together to dehumanise certain populations under coloniality, and the ways in which this can be resisted. By studying the UK’s response to mass atrocities in Libya, Syria, Iraq and Myanmar between 2011 and 2018, it uncovers the extent to which these debates continue to operate through a colonial script. The book notably studies failed interventions (Syria) and non-interventions (Myanmar) as significant objects of study which, alongside the comments of UK legislators opposing the case for violence, help to expose the ongoing impact of colonial identities in the formulation of contemporary foreign policy. As well as looking at the British case, the book reflects upon changing norms of humanitarian intervention from the 1990s to the present day, including what might be understood as the rise and fall of R2P. The book also makes a distinct contribution to queer international relations scholarship, broadening what Vernon calls ‘the homonormative turn’ with a renewed focus on heteronormativity as a racist and globally-dominant episteme. Offering both a theoretically informed analysis of humanitarian intervention and a practical guide for possible strategies to resist future iterations of liberal violence, this book will appeal to scholars, students, policy-makers and NGOs interested in R2P/humanitarian intervention, queer/decolonial/feminist international relations, and British politics.

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Genre : Political Science
Author : Patrick J. Vernon
Publisher : Taylor & Francis
Release : 2024-05-28
File : 192 Pages
ISBN-13 : 9781040028988