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The imperatives of sovereignty, human rights and national security very often pull in different directions, yet the relations between these three different notions are considerably more subtle than those of simple opposition. Rather, their interaction may at times be contradictory, at others tense, and at others even complementary. This collection presents an analysis of the irreducible dilemmas posed by the foundational challenges of sovereignty, human rights and security, not merely in terms of the formal doctrine of their disciplines, but also of the manner in which they can be configured in order to achieve persuasive legitimacy as to both methods and results. The chapters in this volume represent an attempt to face up to these dilemmas in all of their complexity, and to suggest ways in which they can be confronted productively both in the abstract and in the concrete circumstances of particular cases.
This volume investigates the complex, often contradictory relationship between state sovereignty, human rights protections, and national security imperatives in the context of international law. The authors, Euan Macdonald and Philip Alston, utilize a collection of scholarly essays to examine how these three pillars of global governance interact. They argue that these concepts are not merely in opposition but exist in a state of dynamic tension, requiring a nuanced configuration of legal doctrine to achieve legitimacy in both theory and practice.
What You Will Find
Scope Limits
Experts and legal scholars recognize this collection as a rigorous contribution to the discourse on international law and the ethics of intervention. Readers frequently note the academic density of the prose, making it a resource primarily suited for practitioners, researchers, and advanced students of international law.
Page Count:
303
Publication Date:
2008-01-01
Publisher:
OUP Oxford
ISBN-10:
0191021784
ISBN-13:
9780191021787
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