International law and the principle of non-intervention : history, theory, and interactions with other principles / Marco Roscini.

Format:

Book

Author/Creator:

Roscini, Marco, author.

Contributor:

Fritz Thyssen-Stiftung, associated with work.

Académie de droit international humanitaire et de droits humains à Genève, associated with work.

Series:

Oxford scholarship online.

Oxford scholarship online

Language:

English

Subjects (All):

Intervention (International law).

Intervention (International law)--History.

Physical Description:

1 online resource (497 pages)

Edition:

1st ed.

Place of Publication:

Oxford : Oxford University Press, [2024]

Summary:

The principle of non-intervention in the domestic affairs of states is one of the most venerable principles of international law. Although not expressly mentioned in the Charter of the United Nations, at least as an inter-state prohibition, the principle currently appears in a plethora of treaties and UN General Assembly resolutions and has been invoked like a mantra by states of all geographical and political denominations. Despite this, the determination of its exact content has remained an enigma. This book solves this enigma by exploring what constitutes an 'intervention' in international law and when interventions are unlawful. These questions are approached from three different perspectives, which are reflected in the book's structure: historical, theoretical, and systematic.

Contents:

Cover

International Law and the Principle of Non-Intervention

Copyright

Dedication

Contents

Table of Cases

Select Table of Treaties and Other Instruments

List of Abbreviations

Introduction

I. The Development of the Principle of Non-​Intervention from the End of the Religious Wars in Europe to the Outbreak of the Second World War

1. Introduction

2. The Emergence of the Idea of Non-​Intervention during the 17th and 18th Centuries

3. Classical Scholarship of the 18th Century

4. The Age of Revolutions

5. Intervention in the 19th Century and the Distinction between War and Measures Short of War

6. The Legality of Intervention and the Fundamental Right of States to Independence

7. 19th-​Century State Practice and Opinio Juris Concerning Intervention

7.1 The Holy Alliance: Intervention as a Means to Enforce the Collective Interest in the Peace and Tranquillity of Europe

7.2 The British Position: Intervention as a Means to Protect Essential Interests of the Intervening State

7.3 Intervention 'in the Interests of Humanity'

7.4 The Italian Risorgimento and the Principle of Nationalities as a Legal Basis for Intervention

7.5 The Emergence of the Distinction between Rebellions, Insurrections, and Civil Wars in the Second Half of the 19th Century

7.5.1 Rebellions and insurrections

7.5.2 Civil wars resulting in de facto secession

7.5.3 Civil wars where belligerency was recognized

7.5.4 Civil wars where recognition of belligerency did not occur

7.5.5 Recognition of insurgency and third-​state intervention

8. The Period between the Two World Wars and the Trend towards Negative Equality (1919-​39)

8.1 The Spanish Civil War

9. Intervention and Non-​Intervention in the Americas

9.1 US Interventionism in Latin America (1823-​1933).

9.2 The Reaction to US Interventionism in the Americas: The Non-​Intervention and Negative Equality Treaties

10. The Scholarly Debate on Intervention in the Period between 1815 and 1939

11. Conclusions

II. The Principle of Non-​Intervention in the Framework of the Sources of Contemporary International Law and in the Current Scholarly Debate

2. The Principle of Non-​Intervention and Treaty Law

2.1 The Charter of the United Nations

2.2 Regional Treaties

2.2.1 American treaties

2.2.2 African treaties

2.2.3 Asian treaties

2.2.4 European treaties and other documents

2.3 Other Treaties

3. The Principle of Non-​Intervention and Customary International Law

4. Non-​Intervention as a 'Principle' from which Rights and Duties of States Arise

5. Does the Principle of Non-​Intervention Create an Erga Omnes Obligation?

6. The Principle of Non-​Intervention as a Jus Cogens Norm?

7. Post-​1945 Scholarship on Intervention

7.1 The Scholarly Debate on Intervention and International Order

7.1.1 Realist versus liberal approaches

7.1.2 The TWAIL approach to intervention

7.1.3 The feminist approach

7.2 The Scholarly Debate on Intervention by Invitation

7.2.1 The traditional doctrine that conceives the principle of non-​intervention only as a prohibition on supporting foreign insurgents

7.2.2 The negative equality doctrine

7.2.3 The positive equality doctrine

7.2.4 The consent of all factions doctrine

7.2.5 The purpose-​based doctrine

7.2.6 The policy-​oriented school

7.2.7 The TWAIL approach

8. Conclusions

III. The Content of the Principle of Non-​Intervention

2. Intervention: 'A Monochromatic Term for a Polychromatic Reality'

3. Coercion as 'the Very Essence' of Intervention

3.1 Dictatorial Coercion

3.2 Forcible Coercion.

4. Intent to Coerce and Motive as Elements of the Prohibition of Intervention

5. The Object Protected by the Principle of Non-​Intervention

6. The First Pillar of the Principle of Non-​Intervention: The Prohibition of Armed Coercion

7. The Second Pillar of the Principle of Non-​Intervention: The Prohibition of Economic and Political Coercion

7.1 Economic Coercion

7.2 Political Coercion

8. The Third Pillar of the Principle of Non-​Intervention: The Prohibition of Supporting Subversive, Terrorist, or Armed Activities and of Interfering in Civil Strife in Another State

8.1 The Different Forms of Support for Subversive, Terrorist, or Armed Activities

9. Conclusions

IV. The Application of the Principle of Non-​Intervention to Civil Strife and the Role of Consent

2. Non-​Intervention as a Principle Applying Only to Civil Strife which is a Domestic Affair of the Concerned State

3. Non-​Intervention as a Principle Prohibiting Only Coercive Interferences in Civil Strife

4. Intervention with the Consent of the Incumbent Government

4.1 Who is the De Jure Government of a State?

4.1.1 Domestic legitimacy

4.1.2 Effective control

4.1.3 Recognition

4.2 Form of Consent

4.3 Ad Hoc and Open-​Ended Consent

4.4 Validity Requirements of Consent

4.4.1 Error, fraud, and corruption

4.4.2 Coercion

4.4.3 Conflict with a peremptory norm of general international law

4.4.4 Conflict with a provision of internal law regarding competence to grant consent

4.5 Timing of Consent

4.6 Limits to the Scope of Consent

4.7 Withdrawal of Consent

4.8 Consent and UN Security Council Resolutions

5. Intervention with the Consent of Insurrectional Authorities

5.1 Intervention with the Consent of Pro-​Democracy Insurgents

6. Conclusions.

V. The Interaction between the Principle of Non-​Intervention and that of Internal Self-​Determination

2. The Principle of Internal Self-​Determination

3. Third-​State Intervention in Civil Wars

3.1 The Meaning of 'Civil War' in the Context of the Principle of Internal Self-​Determination

3.2 State Practice and Opinio Juris Concerning the Dispatch of Armed Forces in Support of an Incumbent Government Beset by Civil War

3.2.1 Cases where third states declined to send armed forces in support of an incumbent government beset by civil war

3.2.2 Cases where third states sent armed forces in support of an incumbent government beset by civil war

3.2.3 Evaluation

3.3 Third-​State Intervention in a Civil War Other than by Dispatching Armed Forces

4. Third-​State Intervention by Dispatching Armed Forces in Situations of Internal Unrest Short of Civil War

4.1 Evaluation

5. Situations Where Third-​State Dispatch of Armed Forces in a Civil War is Not in Conflict with the Principle of Internal Self-​Determination

5.1 Counter-​Intervention

5.1.1 Counter-​intervention in support of an incumbent government

5.1.2 Counter-​intervention in support of insurgents

5.2 Counterterrorism Intervention

6. Can the UN Security Council Set Aside the Principle of Internal Self-​Determination and Intervene, or Authorize an Armed Intervention, in a Civil War?

7. Third-​State Intervention in Civil Strife Involving Racist Regimes

VI. The Interaction between the Principle of Non-​Intervention and that of External Self-​Determination

2. The Scope of the Principle of External Self-​Determination

3. Third-​State Intervention in Decolonization Conflicts

3.1 Third-​State Intervention in Support of a Colonial Power.

3.2 Third-​State Intervention in Support of a National Liberation Movement

3.2.1 Support by sending armed forces

3.2.2 Other forms of support

4. Third-​State Intervention in Situations of Alien Domination and Occupation

5. Third-​State Intervention in Other Secessionist Situations of Internal Unrest

5.1 Third-​State Support for a Government against Secessionist Insurgents

5.2 Third-​State Support for Secessionist Insurgents

6. Conclusions

VII. The Interaction between the Principle of Non-​Intervention and Respect for International Human Rights Law and International Humanitarian Law

2. The Changing Character of Sovereignty

3. Human Rights and Domestic Jurisdiction

4. Intervention and the Protection of Community Interests

5. Third-​State Assistance to a Government Responsible for Violations of IHRL and/​or IHL

6. Third-​State Assistance to a Government against an Armed Opposition Group Responsible for Violations of IHL during a Civil War

7. Third-​State Intervention in Support of Insurgents Fighting against a Government Responsible for Violations of IHRL or IHL

7.1 The Dispatch of Armed Forces

7.1.1 Arguments in favour of the legality of sending armed forces

7.1.2 Arguments against the legality of sending armed forces

7.2 Intervention Other than by Sending Armed Forces

8. Intervention in Civil Wars with the Authorization of the UN Security Council in Response to IHRL/​IHL Violations

VIII. The Principle of Non-​Intervention in the Information Age: Cyber Operations as a New Means of Coercion in the Domestic Affairs of States

2. The Different Types of Cyber Operations

3. The Application of the Principle of Non-​Intervention in Cyberspace

4. Domestic Jurisdiction and Cyberspace

5. Coercion of State in Cyberspace.

5.1 Cyber Operations Causing or Designed to Cause Material Damage to Persons and/​or Physical Objects.

Notes:

At foot of title: Fritz Thyssen Stiftung für Wissenschaftsförderung and Geneva Academy.

Includes bibliographical references and index.

Description based on online resource and publisher information; title from PDF title page (viewed on April 24, 2024).

ISBN:

0-19-182903-X

0-19-109056-5

OCLC:

1431061317