1 / 6

Andrew Garwood-Gowers – Faculty of Law, QUT

19th annual anzsil conference - the promise and limits of international law – 23-25 June 2011 canberra , australia International law and the regulation of violence: shifting perceptions of the legitimacy of the jus ad bellum ?. Andrew Garwood-Gowers – Faculty of Law, QUT. Overview.

andeana-munoz
Download Presentation

Andrew Garwood-Gowers – Faculty of Law, QUT

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. 19th annual anzsil conference - the promise and limits of international law – 23-25 June 2011 canberra, australiaInternational law and the regulation of violence: shifting perceptions of the legitimacy of the jus ad bellum? Andrew Garwood-Gowers – Faculty of Law, QUT

  2. Overview • The concept of legitimacy • Legitimacy and the jus ad bellum • Features of recent state practice in the ‘war on terror’: 1. failure to provide legal justifications 2. apparent lack of concern over legality Shifting perceptions of legitimacy of the jus ad bellum?

  3. The concept of legitimacy • Hurd’s definition: ‘an actor’s normative belief that a rule or institution ought to be obeyed’ • A perception based on the substance of a rule or its source or process of formation • Norm internalization and socialisation • Methodological difficulties in assessing states’ perceptions

  4. Legitimacy and the jus ad bellum • Post-Iraq debate: ‘Realists’ vs. ‘Liberals’ • State rhetoric and legal discourse as indicators of states’ perceptions of legitimacy

  5. Recent state practice • Post-2006 incidents in ‘war on terror’: • Israel-Syria (2007 airstrike on Syrian nuclear facility) • Israel-Sudan (2009, 2011 airstrikes) • Turkey-Iraq (2008 incursions targeting PKK) • Ethiopia-Somalia (2006-2008 intervention) • 2 significant features: • Failure to offer explicit legal justifications/report use of force to Security Council • International community’s apparent lack of concern over legality of uses of force

  6. Interpretations and implications Shifting perceptions of legitimacy? - ‘realist’ interpretation - ‘war on terror’ and ‘unequal sovereigns’ - natural development of customary international law

More Related