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The Responsibility to Protect in International Law - Philosophical Investigations (Paperback)
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The Responsibility to Protect in International Law - Philosophical Investigations (Paperback)
Series: Routledge Research in International Law
Expected to ship within 12 - 19 working days
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This book tracks the development of the emerging international
legal principle of a responsibility to protect over the past two
decades. It contrasts the influential version of the principle
introduced by the International Commission on Intervention and
State Sovereignty in 2001 with subsequent interpretations of the
responsibility to protect advocated by the United Nations through
its human protection agenda, and reviews the dangers and
inconsistencies inherent in both perspectives. The author
demonstrates that the evolving responsibility to protect principle
can be recruited to support a wide range of irreconcilable
projects, from those of cosmopolitan constitutionalism to those of
hegemonic international law. However, despite the dangers posed by
this susceptibility to conceptual hijacking, Oman argues that the
responsibility to protect, like human rights, is an essential a
modern emancipatory formation. To remedy this dangerous
malleability, the author advocates a third, distinctive
interpretation of the responsibility to protect designed to limit
its cooptation by liberal anti-pluralist and hegemonic
international law agendas. Oman outlines the key features of such a
minimalist conception, and explores its fit with the "RtoP" version
of the responsibility to protect promoted in recent years by the
UN. The author argues that two crucial features missing from the UN
reading of the principle should be developed in future: an
acknowledgement of the role of non-state actors as bearers of the
responsibility to protect, and a recognition of the principle's
legal character. Both of these aspects of the principle offer means
to democratize the international law-making enterprise.
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