A Principled Approach to State Failure: International Community Actions in Emergency SituationsBRILL, 2010 M03 8 - 216 páginas This book is the first legal study of state failure in international law. Building on a comprehensive analysis of the phenomenon, Dr. Giorgetti provides a definition of state failure that informs her study of how international actors may operate in situations of emergencies occurring in failed and failing states. The book specifically focuses on actions taken in health, environmental and human rights emergencies to provide generally applicable conclusions. Indeed, the Principles for Action distilled in the final chapter will provide concrete instruments to the international community to act in emergency situations and will prove to be an important contribution to the development of international law. |
Contenido
Chapter One An Emerging Problem in International Law | 1 |
2 Increased InterIndependence Between States | 4 |
3 Certain States Cannot Operate in the New System | 6 |
Chapter Two The International Community has Acted on Behalf of States in the Past | 9 |
1 States Under Protection and Trucial Principalities | 10 |
2 Occupied Territories | 11 |
3 Mandate Trusteeships Arrangements and other Mechanisms from the Colonial Heritage | 12 |
4 International Territories Administered by the United Nations | 14 |
Epidemic and Pandemic Alert Response | 93 |
The Polio Eradication Campaign | 101 |
Interventions in Situations of Humanitarian Crises | 105 |
4 Conclusion | 107 |
Chapter Six Environmental Emergencies in Failed States | 111 |
2 The Overall Framework Given by General Principles of International Environmental Law Applicable to Emergencies Situations | 116 |
21 The Duty of Cooperation | 117 |
22 The Duty Not to Cause Transboundary Environmental Harm | 121 |
41 The United Nations Interim Administration of Kosovo | 15 |
42 The United Nations Transitional Authority in East Timor | 17 |
5 Development Programs and Humanitarian Assistance | 18 |
6 Conclusion | 21 |
The Role of the International Community in Somalia Demonstrates the Inadequacy of the System to Deal with State Failure | 23 |
The United Nations as Caretaker for Obligations of Somalia Benefiting the International Community in General | 30 |
2 The Safety of Territorial Borders and the Fight Against Piracy in Somali Waters | 32 |
The UN as a Guarantor of National Standards for the Continuation of Bilateral Commercial Relations | 36 |
4 Economic and Business Relations | 38 |
5 Diplomatic and Representative Functions | 39 |
Chapter Four What is State Failure? The Inadequacy of Existing Legal Techniques to Deal with Failed States | 43 |
1 State Failure as Unfulfilled Social Contract | 47 |
2 The Problem of Statehood Easy to Give not to Take Away | 52 |
22 Statehood is not Altered by Changes to the Constitutive Elements of a State | 53 |
221 Permanent Population | 54 |
222 A Defined Territory | 56 |
223 A Government | 59 |
224 Capacity to Enter into Relations with other States | 62 |
3 Conclusion | 65 |
Chapter Five Responding to Public Health Emergencies in Failed States | 71 |
2 Health Systems in Failing States | 76 |
3 International Effort to Confront Global Health Emergencies | 79 |
31 The Framework Established by the International Health Regulations | 83 |
The Approval of New International Health Regulations | 88 |
23 The Importance of These Principles | 126 |
3 Specific Treatybased Provisions Relating to Crossboundary Environmental Emergencies | 127 |
31 The Duty of Notification of Emergency Situations | 128 |
32 Obligation to Prepare Contingency Plans | 136 |
33 The Obligation to Provide Assistance on Demand | 139 |
34 Unilateral Intervention in the Event of an Accident | 142 |
35 Conclusion | 147 |
4 The Role of the United Nations in Environmental Emergencies | 148 |
5 Conclusions | 151 |
Chapter Seven United Nations Actions and the Use of Military Force to Provide Assistance to Domestic Populations in Failed States | 153 |
11 The United Nations Office for the Coordination of Humanitarian Affairs | 154 |
12 The World Food Program | 158 |
13 The United Nations Children Fund | 160 |
2 The Use of Force to Address Humanitarian Emergencies as a Threat to Global Security | 163 |
21 Inclusive Actions to Protect Populations in Need Conducted Under the Delegation of Chapter VII Powers by the Security Council | 166 |
22 Unilateral Interventions to Stop Gross Human Rights Abuses | 172 |
3 Conclusion | 176 |
A Set of Principles to Approach State Failure | 179 |
1 Principles for Action in Failed States | 182 |
2 These Principles Do Not Violate the Sovereignty of Failing States and Th ey Do not Represent Intervention in the Internal Affairs of a State | 185 |
3 The International Responsibility of Failing and Failed States Should not be Engaged | 188 |
| 193 | |
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A Principled Approach to State Failure: International Community Actions in ... Chiara Giorgetti Vista previa limitada - 2010 |
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