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The centre of the main channel as a criterion in order to determine. The application of international humanitarian law and international. The principle of uti possidetis juris.
Why Do States Mostly Obey International Law?
The concept of occupied territory and international obligations resulting. Procedural Instruments Facts Alleged and Exercise. The liberty of the I C J to interpret the request and the conclusions. The former, especially in its customary forms, is often subjected to the influence of the most powerful states.
Krisch points out how the policies of dominant states in international law always tend to oscillate between instrumentalization and withdrawal The first tendency is embedded in the advantage that powerful, developed, states have both in defining state practice and in publicizing their opinio juris.
This disparity of influence seems particularly true in the case of the change of sovereignty norms for the legalization of unilateral intervention. After the Kosovo intervention, developed countries and particularly the US claimed the emergence of a right of humanitarian intervention Byers and Chesterman, The division nonetheless, remained.
A clear example is the already mentioned outcome document of the World Summit. The US, nonetheless, claimed that this provision should not exclude the possibility of unauthorised interventions Stahn, The survival of the Western perception of potential legality of unauthorised interventions has been made possible by the neglect of the positions expressed by developing states, particularly through the G77 group, which today are less considered than in the early post-colonial period Byers and Chesterman, The Outcome Document in fact is explicit on the necessity of a UN authorisation, and this formulation is even beyond the expectations that were preceding the realisation of the report, influenced by the strong opposition of many developing countries to the R2P Badescu, These oppositions are consistent with the stance taken by developing countries, particularly through the G77 group, on the issue of unilateral humanitarian intervention.
Therefore, the norms of sovereignty remain those indicated in the Charter of the United Nations, based on non-interference and state equality, which recognise the possibility of military interventions under the provisions of the Chapter VII. In this essay I have attempted to describe the emergence of different challenges to the traditional norms of sovereignty.
Some Western countries like the US claim that this shift supports the already existing possibility of unauthorised humanitarian interventions.
Sovereignty and Interpretation of International Norms
Nonetheless, many developing countries still see the forcible actions taken under the provisions of the Chapter VII of the Charter as the only legal solutions. Therefore, there is no emergent international custom allowing for the use of unauthorised intervention, because many states are still supporting the norms of sovereignty described in the UN Charter and the related mechanism of legitimate use of force.
A general support for UN authorised interventions is also suggested by the most recent developments represented by the intervention in Libya and the military operations in Mali. In fact, both were authorised by the Security Council, with the resolution UN, and UN, respectively. Augustine [5 th Century A. The Catholic University of America Press.
Cambridge University Press, pp. To endure, to engage or to critique? International Development Research Centre.
Change and persistence in international relations , Pennsylvania State University Park: Penn State Press, pp. Political Rhetoric or Emerging Legal Norm?
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