Responsibility to Protect and the International Rule of Law
Apstrakt
After being initially drafted in 2001 by an expert body-the International Commission on Intervention and State Sovereignty-the "responsibility to protect" (R2P) doctrine has eventually found its way into the 2005 UN World Summit Outcome document, thereby replacing a morally controversial doctrine of "humanitarian intervention". The paper aims, first, to point out how these two doctrines are different ethical projects. Second, recognizing that it is safer to say that the doctrine has not become a principle of law, this paper tries to situate it within the prevalent value of the international rule of law. It does so by exploring two somewhat contrasting conceptions-one more substantive in nature, which takes individuals as ultimate beneficiaries of this value, and the other, more formal in nature, which puts states in the forefront. The R2P case shows, however, that neither of them can be advanced to the full extent.
Izvor:
Chinese Journal of International Law, 2015, 14, 4, 757-776Izdavač:
- Oxford Univ Press, Oxford
DOI: 10.1093/chinesejil/jmv042
ISSN: 1540-1650
WoS: 000366467300005
Scopus: 2-s2.0-84951274273
Kolekcije
Institucija/grupa
Pravni fakultet / Faculty of Law University of BelgradeTY - JOUR AU - Jovanović, Miodrag PY - 2015 UR - https://ralf.ius.bg.ac.rs/handle/123456789/828 AB - After being initially drafted in 2001 by an expert body-the International Commission on Intervention and State Sovereignty-the "responsibility to protect" (R2P) doctrine has eventually found its way into the 2005 UN World Summit Outcome document, thereby replacing a morally controversial doctrine of "humanitarian intervention". The paper aims, first, to point out how these two doctrines are different ethical projects. Second, recognizing that it is safer to say that the doctrine has not become a principle of law, this paper tries to situate it within the prevalent value of the international rule of law. It does so by exploring two somewhat contrasting conceptions-one more substantive in nature, which takes individuals as ultimate beneficiaries of this value, and the other, more formal in nature, which puts states in the forefront. The R2P case shows, however, that neither of them can be advanced to the full extent. PB - Oxford Univ Press, Oxford T2 - Chinese Journal of International Law T1 - Responsibility to Protect and the International Rule of Law EP - 776 IS - 4 SP - 757 VL - 14 DO - 10.1093/chinesejil/jmv042 UR - conv_2916 ER -
@article{ author = "Jovanović, Miodrag", year = "2015", abstract = "After being initially drafted in 2001 by an expert body-the International Commission on Intervention and State Sovereignty-the "responsibility to protect" (R2P) doctrine has eventually found its way into the 2005 UN World Summit Outcome document, thereby replacing a morally controversial doctrine of "humanitarian intervention". The paper aims, first, to point out how these two doctrines are different ethical projects. Second, recognizing that it is safer to say that the doctrine has not become a principle of law, this paper tries to situate it within the prevalent value of the international rule of law. It does so by exploring two somewhat contrasting conceptions-one more substantive in nature, which takes individuals as ultimate beneficiaries of this value, and the other, more formal in nature, which puts states in the forefront. The R2P case shows, however, that neither of them can be advanced to the full extent.", publisher = "Oxford Univ Press, Oxford", journal = "Chinese Journal of International Law", title = "Responsibility to Protect and the International Rule of Law", pages = "776-757", number = "4", volume = "14", doi = "10.1093/chinesejil/jmv042", url = "conv_2916" }
Jovanović, M.. (2015). Responsibility to Protect and the International Rule of Law. in Chinese Journal of International Law Oxford Univ Press, Oxford., 14(4), 757-776. https://doi.org/10.1093/chinesejil/jmv042 conv_2916
Jovanović M. Responsibility to Protect and the International Rule of Law. in Chinese Journal of International Law. 2015;14(4):757-776. doi:10.1093/chinesejil/jmv042 conv_2916 .
Jovanović, Miodrag, "Responsibility to Protect and the International Rule of Law" in Chinese Journal of International Law, 14, no. 4 (2015):757-776, https://doi.org/10.1093/chinesejil/jmv042 ., conv_2916 .