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Is Humanitarian Intervention Legal? The Rule of Law in an Incoherent World.

Authors :
Hurd, Ian
Source :
Ethics & International Affairs; Sep2011, Vol. 25 Issue 3, p293-313, 21p
Publication Year :
2011

Abstract

The paper asks whether humanitarian intervention is legal and reviews contemporary legal arguments on both sides. It finds that both views are sustainable by conventional accounts of the sources of international law; humanitarian intervention is at once legal and illegal. The paper then considers the implications of this for the idea of the rule of law in world politics. The power of international law in this case comes from its utility as a resource for justifying state policies, not as a means for distinguishing compliance from non-compliance. Law remains important to world politics, but in a different way than usually understood. [ABSTRACT FROM PUBLISHER]

Details

Language :
English
ISSN :
08926794
Volume :
25
Issue :
3
Database :
Complementary Index
Journal :
Ethics & International Affairs
Publication Type :
Academic Journal
Accession number :
84306110
Full Text :
https://doi.org/10.1017/S089267941100027X