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Parution : 06/2024
Editeur : Oxford University Press
ISBN : 978-0-1987-8689-4
Site de l'éditeur

International Law and the Principle of Non-Intervention

History, Theory, and Interactions with Other Principles 

Marco Roscini

Présentation de l’éditeur

The principle of non-intervention in the domestic affairs of states is one of the most venerable principles of international law but the determination of its exact content has remained an enigma that has haunted generations of international lawyers. This book solves this problem and identifies what the principle of non-intervention specifically prohibits, and what it does not. The principle in question is strictly linked to some fundamental notions of international law, such as sovereignty, use of force, and self-determination: its study, therefore, is of great significance as it offers a fascinating opportunity to explore the macrostructures of international law. Through a comprehensive survey of primary documents, as well as through an extensive evaluation of state practice and literature search, the book provides a systematic and coherent analysis of the principle of non-intervention. The first two chapters tell the story of the principle of non-intervention throughout the centuries up to the present day. Chapters III and IV focus on theory and identify what coercion of state means, what forms of coercion (armed, economic, political subversive) can constitute an unlawful intervention, and the role played by consent in this context. Chapters V, VI, and VII explore the interactions of the principle of non-intervention with other fundamental principles of contemporary international law, namely the principle of internal and external self-determination and the respect for international human rights law and international humanitarian law. Finally, Chapter VIII investigates whether and when cyber operations can constitute an unlawful intervention in the domestic affairs of other states.

 

Sommaire

Introduction

I The Development of the Principle of Non-Intervention from the End of the Religious Wars in Europe to the Outbreak of the Second World War

II The Principle of Non-Intervention in the Framework of the Sources of Contemporary International Law and in the Current Scholarly Debate

III The Content of the Principle of Non-Intervention

IV The Application of the Principle of Non-Intervention to Civil Strife and the Role of Consent

V The Interaction between the Principle of Non-Intervention and that of Internal Self-Determination

VI The Interaction between the Principle of Non-Intervention and that of External Self-Determination

VII The Interaction between the Principle of Non-Intervention and Respect for International Human Rights Law and International Humanitarian Law

VIII The Principle of Non-Intervention in the Information Age: Cyber Operations as a New Means of Coercion in the Domestic Affairs of States

General Conclusions

Oxford Scholarship Online , 496 pages.  $180.00