Chapter

Human Rights and Collective Security: Is There an Emerging Right of Humanitarian Intervention?

Olivier Corten

in Human Rights, Intervention, and the Use of Force

Published in print September 2008 | ISBN: 9780199552719
Published online January 2009 | e-ISBN: 9780191721090 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199552719.003.0003

Series: Collected Courses of the Academy of European Law

 Human Rights and Collective Security: Is There an Emerging Right of Humanitarian Intervention?

Show Summary Details

Preview

The links between international security and the protection of individual rights have been widely recognized for some years now. It is generally accepted today that the maintenance of peace presupposes a certain respect for individual rights, and, conversely, that severe violations of fundamental rights may create a situation threatening international peace and security within the meaning of Chapter VII of the UN Charter. Based on this finding, two trends have developed in legal scholarship. The first considers that the link between maintaining the peace and protecting human rights does not call into question the cardinal principle of the sovereignty of states. The second trend interprets the strengthening of rules protecting human rights as a challenge to the principle of the sovereignty of states. This chapter seeks to choose between these two lines of scholarship in the light of recent developments in the concept and practice of the right of humanitarian intervention.

Keywords: human rights; sovereignty; humanitarian intervention; Kosovo; international law

Chapter.  26264 words. 

Subjects: Human Rights and Immigration

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.