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  1. Whose Sovereignty? Empire Versus International Law.Jean L. Cohen - 2004 - Ethics and International Affairs 18 (3):1-24.
    Where there is an imperial project afoot to develop a version of global right to justify its self-interested interventions, it is dangerous to abandon the default position of sovereignty and the principle of nonintervention in international law.
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  • State Prerogatives, Civil Society, and Liberalization: The Paradoxes of the Late Twentieth Century in the Third World.Mahmood Monshipouri - 1997 - Ethics and International Affairs 11:233–251.
    Monshipouri examines three paradoxes in the conflict between the legal-political global order and the growth of civil society in the international system: state-building vs. democratization; economic liberalization vs. political liberalization; and human rights vs. state sovereignty.
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  • Humanitarian Intervention: Three Ethical Positions.Pierre Laberge - 1995 - Ethics and International Affairs 9:15–35.
    LaBerge examines the ethical positions of Rawls, Kant, John Walzer adapted from J. S. Mill, and Canadian philosopher Howard Adelman are, and writes that they constitute "an ethics of human rights, ethics of the right to a historical community, and an ethics of peace.".
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  • The Rawlsian Theory of International Law.Fernando R. Tesón - 1995 - Ethics and International Affairs 9:79–99.
    Teson critiques a recent article by John Rawls in which Rawls extends his acclaimed political theory to include international relations.
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  • Self-Defense in International Law and Rights of Persons.Fernando R. Tesón - 2004 - Ethics and International Affairs 18 (1):87-91.
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  • The Liberal Constitution and Foreign Affairs: Fernando R. Tesón.Fernando R. Tesón - 2011 - Social Philosophy and Policy 28 (1):115-149.
    Scholars have debated the meaning of the foreign-relations clauses in the U.S. Constitution. This essay attempts to outline the foreign-relations clauses that an ideal constitution should have. A liberal constitution must enable the government to implement a morally defensible foreign policy. The first priority is the defense of liberty. The constitution must allow the government to effectively defend persons, territory, and liberal institutions themselves. The liberal government should also contribute to the advancement of global freedom, subject to a number of (...)
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  • Humanitarian Intervention and Historical Responsibility.Fredrik D. Hjorthen & Göran Duus-Otterström - 2016 - Journal of Global Ethics 12 (2):187-203.
    ABSTRACTSome suggest that the duty of humanitarian intervention should be discharged by states that are historically responsible for the occurrence of violence. A fundamental problem with this suggestion is that historically responsible states might be ill-suited to intervene because they are unlikely to enjoy support from the local population. Cécile Fabre has suggested a way around that problem, arguing that responsible states ought to pay for humanitarian interventions even though they ought not to take part in the military operations. We (...)
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  • Selective Humanitarian Intervention: Moral Reason and Collective Agents.Jennifer Szende - 2012 - Journal of Global Ethics 8 (1):63-76.
    This paper examines four interpretations of the observation that humanitarian intervention might be used ‘selectively’ or ‘inconsistently’ in order to elucidate the normative commitments of the deliberative process in international relations. The paper argues that there are several types of concerns that are implicit in the accusation of inconsistency, and only some of them amount to objections to humanitarian intervention as a whole. The paradox of humanitarian intervention is that intervention is prohibited except where the intervention is humanitarian, yet humanitarian (...)
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  • Enabling Monsters: A Reply to Professor Miller.Fernando R. Tesón - 2011 - Ethics and International Affairs 25 (2):165-182.
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  • Motives, Outcomes, Intent and the Legitimacy of Humanitarian Intervention.Alex J. Bellamy - 2004 - Journal of Military Ethics 3 (3):216-232.
    During the 1990s, international society increasingly recognised that states who abuse their citizens in the most egregious ways ought to lose their sovereign inviolability and be subject to humanitarian intervention. The emergence of this norm has given renewed significance to the debate concerning what it is about humanitarian intervention that makes it legitimate. The most popular view is that it is humanitarian motivations that legitimise intervention. Others insist that humanitarian outcomes are more important that an actor's motivations, pointing for instance (...)
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  • Commonsense Morality and the Consequentialist Ethics of Humanitarian Intervention.Eric A. Heinze - 2005 - Journal of Military Ethics 4 (3):168-182.
    Abstract Finding a moral justification for humanitarian intervention has been the objective of a great deal of academic inquiry in recent years. Most of these treatments, however, make certain arguments or assumptions about the morality of humanitarian intervention without fully exploring their precise philosophical underpinnings, which has led to an increasingly disjointed body of literature. The purpose of this essay, therefore, is to suggest that the conventional arguments and assumptions made about the morality of humanitarian intervention can be encompassed in (...)
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  • Humanitarian Vigilantes or Legal Entrepreneurs: Enforcing Human Rights in International Society.Nicholas J. Wheeler - 2000 - Critical Review of International Social and Political Philosophy 3 (1):139-162.
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  • Humanitarian Intervention and International Law: The Moral Importance of an Intervener’s Legal Status.James Pattison - 2007 - Critical Review of International Social and Political Philosophy 10 (3):301-319.
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  • Rebellion, Humanitarian Intervention, and the Prudential Constraints on War.Ned Dobos - 2008 - Journal of Military Ethics 7 (2):102-115.
    Both radical rebellion and humanitarian intervention aim to defend citizens against tyranny and human rights abuses at the hands of their government. The only difference is that rebellion is waged by the oppressed subjects themselves, while humanitarian intervention is carried out by foreigners on their behalf. In this paper, it is argued that the prudential constraints on war (last resort, probability of success, and proportionality) impose tighter restrictions on, or demand more of, humanitarian interveners than they do of rebels. Specifically, (...)
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  • Proportionality in Modern Just War Theory: A Tort-Based Approach.Davis Brown - 2011 - Journal of Military Ethics 10 (3):213-229.
    Abstract This article lays a theoretical foundation the perspective of international law for applying the principle of proportionality of cause in modern just war theory. It proposes an analytical framework for measuring proportionality based on general tort law, filtered through the international law of state responsibility. It proposes assessing the use of force as a proportionate (or disproportionate) remediation for an injury (present or future) caused by another state that is in breach of its legal obligations. The article then applies (...)
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  • Whose Responsibility to Protect? The Duties of Humanitarian Intervention.James Pattison - 2008 - Journal of Military Ethics 7 (4):262-283.
    The International Commission on Intervention and State Sovereignty's report, The Responsibility to Protect, argues that when a state is unable or unwilling to uphold its citizens? basic human rights, such as in cases of genocide, ethnic cleansing, and crimes against humanity, the international community has a responsibility to protect these citizens by undertaking humanitarian intervention. An essential issue, however, remains unresolved: which particular agent in the international community has the duty to intervene? In this article, I critically examine four ways (...)
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  • The Rawlsian Theory of International Law.Fernando R. Teson - 1995 - Ethics International Affairs 9 (1):79-99.
    Teson critiques a recent article by John Rawls in which Rawls extends his acclaimed political theory to include international relations.
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  • Humanitarian Intervention: Loose Ends.Fernando R. Tesón - 2011 - Journal of Military Ethics 10 (3):192-212.
    Abstract The article addresses three aspects of the humanitarian intervention doctrine. It argues, first, that the value of sovereignty rests on the justified social processes of the target state ? the horizontal contract. Foreign interventions, even when otherwise justified, must respect the horizontal contract. In contrast, morally objectionable social processes (such as the subjection of women) are not protected by sovereignty (intervention, of course, may be banned for other reasons). In addition, tyrants have no moral protection against interventions directed at (...)
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  • Is U.N. Security Council Authorisation for Armed Humanitarian Intervention Morally Necessary?Ned Dobos - 2010 - Philosophia 38 (3):499-515.
    Relative to the abundance of literature devoted to the legal significance of UN authorisation, little has been written about whether the UN’s failure to sanction an intervention can ever make it immoral. This is the question that I take up here. I argue that UN authorisation (or lack thereof) can have some indirect bearing on the moral status of a humanitarian intervention. That is, it can affect whether an intervention satisfies other widely accepted justifying conditions, such as proportionality, “internal” legitimacy, (...)
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  • The UN Security Council and the Question of Humanitarian Intervention in Darfur.Alex Bellamy & Paul Williams - 2006 - Journal of Military Ethics 5 (2):144-160.
    This article explores the different moral and legal arguments used by protagonists in the debate about whether or not to conduct a humanitarian intervention in Darfur. The first section briefly outlines four moral and legal positions on whether there is (and should be) a right and/or duty of humanitarian intervention: communitarianism, restrictionist and counter-restrictionist legal positivism and liberal cosmopolitanism. The second section then provides an overview of the Security Council's debate about responding to Darfur's crisis, showing how its policy was (...)
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  • Eight Principles for Humanitarian Intervention.Fernando R. Tesón - 2006 - Journal of Military Ethics 5 (2):93-113.
    When is humanitarian intervention legitimate and how should such interventions be conducted? This article sets out eight liberal principles that underlie humanitarian intervention, some of them abstract principles of international ethics and others more concrete principles that apply specifically to humanitarian intervention. It argues that whilst these principles do not determine the legitimacy of particular interventions, they should ?incline? our judgments towards approval or disapproval. The basic principles include the liberal idea that governments are the mere agents of the people, (...)
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