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1
Hooper, R. S. "The responsibility to implement 'The Responsibility to Protect'." Thesis, University of Cambridge, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.604216.
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The Responsibility to Protect offers a morally based policy that places a new responsibility on the international community to protect populations from extremes of harm caused by governments. From the policy’s text, the reason for action seems to lie, most fundamentally, in an expression of ‘our common humanity’. However, The Responsibility to Protect does not offer any justification for its proposals. It responds to the question ‘what ought to be done?’ but answers the question ‘what can be done?’ leaving in between a gap in the moral credibility of action. The thesis explores what this lack of philosophical underpinning means to the persuasive power of the policy. The thesis then examines the claim of sovereignty as responsibility and finds it confused and incomplete and lacking the detail necessary for coherent implementation. It uses the Aristotelian square of opposition to investigate the tripartite nature of the new responsibilities to prevent and rebuild. Finally, the thesis investigates the policy’s apparent assumption that an ethically based policy of humanitarian intervention can be appropriately guided by the ethical rules of war. It asks if war and humanitarian intervention are the same thing and finds that they are not. It then explores the incoherence created by using the Just War Tradition for guide R2P. If The Responsibility to Protect offers no greater generation of will and effective action to humanitarian intervention than the current ad hoc process does, its establishment as UN policy becomes a pyrrhic victory. It will result in further anomalies in response by the UN, and consequent damage to the reputation and credibility of the UN as the guardian of international peace and security.
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Pollentine, Marc. "Constructing the responsibility to protect." Thesis, Cardiff University, 2012. http://orca.cf.ac.uk/43100/.
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Debate about how populations can be protected from mass atrocities is well-established in international affairs. Beset with a raft of ethical, legal, political and normative questions, the rapid development of the ‘responsibility to protect’ has been held up as evidence of emerging, and even settled, consensus in this area. Indeed, from the perspective of well-established models of norm construction, notably the “Norm Life Cycle”, R2P’s institutionalization in the 2005 World Summit Outcome may signify momentum towards full acceptance. However, based upon a detailed tracing of R2P’s path into the Summit Outcome, this thesis questions how R2P is increasingly characterized as well as the theoretical explanatory frames used by scholars to describe the development and impact of international norms. It challenges the twin problems of linearity and norm exogenization which distort our understanding, and which are evident in overly optimistic portrayals of R2P’s development. With these in mind, the thesis adopts a framework constituted by a constructivist-inspired hypothesis and a process-tracing methodology defined by elite-level interviews and extensive documentary analysis. It shows how tracing the micro-processes of R2P’s development generates a very different story to those derived from broader theoretical frames. Indeed, the empirical findings show how and why the agreement was possible, and – through an analysis of the complex political negotiations – in what form R2P was collectively defined. This leads to the introduction of the concept of the ‘structured outcome’ to describe how R2P was propelled towards agreement more by a series of factors relating to the design and effect of the negotiation process than by the progressive acceptance of states. Accordingly, R2P’s formulation was purposefully limited to navigate pronounced dividing-lines and as a political agreement was more cosmetic than transformational. Resultantly its normative foundations were far shallower and far less significant than oft-rendered in mainstream perception.
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Casula, Daniela. "Humanitarian Intervention and Responsibility to Protect." Doctoral thesis, Luiss Guido Carli, 2009. http://hdl.handle.net/11385/200716.
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The evolution of the idea of the Responsibility to Protect from its introduction in the ICISS Report in 2001 to the Secretary General’s Report on Implementing the Responsibility to Protect, issued in 2009. A reconsideration of the traditional concept of sovereignty in the light of the principle of the Responsibility to Protect. The institutionalization of the Responsibility to Protect principle within the context of the United Nations' Institutional Reform. The increasingly significant role of regional organizations: pro and cons of regionalism. A comparison between two concrete and contemporary cases: the implementation of the Responsibility to Protect in the Darfur region of the Sudan and in Kosovo.
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Hayes, Kelli A. "Logical extensions of the responsibility to protect." Thesis, Stellenbosch : University of Stellenbosch, 2009. http://hdl.handle.net/10019.1/2197.
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Thesis (MPhil (Philosophy))--University of Stellenbosch, 2009.ENGLISH ABSTRACT: Are violent and non-violent mass atrocities morally different? According to the United Nations, they are. But why? The answer to this question is important as it in part determines our obligations to people living in other countries. This thesis seeks to determine if violent and non-violent mass atrocities are morally different and, if not, whether the latter should be included under the United Nations’ doctrine of the responsibility to protect. In order to do this, the thesis first examines the conditions under which sovereignty exists in order to understand when intervention can occur. It also analyzes just war theory to discern when military intervention to halt nonviolent mass atrocities is justified. Having established these two concepts, the thesis then presents three arguments for why non-violent mass atrocities are morally indistinguishable from violent ones and should also be included under the doctrine of the responsibility to protect. A discussion of the feasibility of implementing this extension and the long-term effects of these types of interventions follows. Finally, the thesis contains three case studies in order to apply the arguments presented earlier.
AFRIKAANSE OPSOMMING: Is daar ‘n morele verskil tussen gewelddadige en nie-gewelddadige gruweldade? Volgens die Verenigde Nasies is daar so ‘n verskil, maar hoekom? Die antwoord tot hierdie vraag is deels belangrik omdat dit ons verantwoordelikhede tot mense in ander lande bepaal. In hierdie tesis word daar gepoog om te bepaal of daar so ‘n verskil tussen gewelddadige en nie-gewelddadige gruweldade is, en, indien nie, of nie-gewelddadige gruweldade ook moet tel onder die Verenige Nasies se verantwoordelikheid om te beskerm. Die tesis poog eerstens om die kondisies vir soewereiniteit te bepaal ten einde te probeer verstaan wanneer ‘n intervensie moreel regverdigbaar is. Dit analiseer ook die teorie van geregverdigde oorlogvoering ten einde te bepaal wanneer militêre inmenging om nie-gewelddadige gruweldade stop te sit geregverdig is. Na hierdie twee konsepte ondersoek is word daar drie argumente verskaf om aan te toon dat nie-gewelddadige gruweldade nie moreel onderskeibaar is van gewelddadige gruweldade nie, en dus dat nie-gewelddadige gruweldade onder die verantwoordelikheid om te beskerm behoort te tel. Dit word gevolg deur ‘n bespreking van die praktiese haalbaarheid van die implementering van so ‘n uitbreiding van die verantwoordelikheid om te beskerm, asook ‘n bespreking van die langtermyn effekte van hierdie tipes intervensies. Die tesis eindig met drie gevallestudies ten einde die argumente wat reeds gemaak is toe te pas.
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Mazzanti, Maria Rita. "From State sovereignty to responsibility to protect." Paris, Institut d'études politiques, 2013. https://spire.sciencespo.fr/notice/2441/45eb019724sn6sg9mcu4j489l.
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Notre étude a pour objet l’analyse des développements politiques et juridiques relatifs au concept de “Responsabilité de protéger“ (R2P). Notre recherche est conduite selon deux parcours parallèles : l’un traite de l’évolution du concept de souveraineté et de l’importance grandissante du rôle qu’assume la communauté internationale dans les affaires internes d’un Etat ; l’autre est consacré à la notion d’intervention à des fins humanitaires et des leçons qui découlent des expériences des années ‘90. Notre point de départ était que ce que la Responsabilité de protéger est ou n’est pas aujourd'hui, doit être compris à la lumière de cette évolution. Ayant délimité notre espace de recherche et identifié quels sont les éléments essentiels de la Responsabilité de protéger, nous avons evalué si, et de quelle manière la Responsabilité de protéger - après dix années d’existence - a été capable d’influencer la conduite de la communauté internationale, et, en particulier, du Conseil de Sécurité des Nations Unies. C’est pourquoi nous avons choisi d’étudier quatre cas – Libye, Côte d’Ivoire et Sri Lanka et Syrie – où la Responsabilité de protéger a été invoquée ou aurait dû l’être, pour déterminer les règles applicables à l’avenir. Nous avons adopté pour hypothèse de recherche que la Responsabilité de protéger est influencée par cinq variables indépendantes, à savoir, , la dynamique des discussions au sein du Conseil de Sécurité, la perspective d’un succès raisonnable fondée sur l’analyse coûts/bénéfices; le rôle des organisations régionales/subrégionales concernées; les activités du Conseil des droits de l´homme et l´action de la société civileThe research was aimed at understanding by means of which developments in the political and legal thinking the R2P finally reached its present shape. To this end, we analyzed on one side the evolution of the concept of absolute sovereignty and the shift towards an increased involvement of the international community in the internal affairs of the individual states, and, on the other side, the modifications incurred in the concept of intervention for humanitarian purposes and the lessons learned out of the experiences of the 1990s. We have argued that what R2P is, or is not, should be understood in the light of this long development. Having then established what now R2P is about we wanted to measure to which extent R2P was able, in the ten years of its existence, to influence the behavior of the international community, and in particular of the United Nations Security Council. Hence, we selected four cases – Libya, Côte d’Ivoire Sri Lanka and Syria – where R2P was invoked or should have been invoked, with the aim of finding regularities useful for guiding future action. Our research hypothesis was that R2P is influenced by five main independent variables, namely: the dynamic within the Security Council (active involvement of some specific countries/country representatives); reasonable perspective of success/attractive cost-benefit profile; the role of the relevant regional/sub-regional organizations; the activity of the Human Rights Council; and the action of civil society
6
Roberts, Adam. "The Yazidi and the Responsibility to Protect." Thesis, University of Oregon, 2016. http://hdl.handle.net/1794/20521.
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This thesis analyzes the international community’s response to the persecution of the Yazidi people by the Islamic State of Iraq and Syria and what implications this response has for the Responsibility to Protect doctrine.
To answer this question, I chart and assess the major historical events that contributed to the emergence of the Responsibility to Protect, define the current legal status of the Responsibility to Protect, compare related sources of public international law, and investigate the relationship between the responsibility to protect doctrine and the Yazidi people through a case study of the persecution of the Yazidi people at the hands of the extremist organization known as the Islamic State of Iraq and Syria (ISIS).
I found the international community’s response to the Yazidi crisis to be both inadequate and harmful to the Yazidi. Additionally, the international community’s response reinforced the unfavorable precedent set during the Libyan Intervention in 2011.
7
Gottwald, Marlene. "Europe's responsibility to protect : from Kosovo to Syria." Thesis, University of Edinburgh, 2014. http://hdl.handle.net/1842/16229.
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With lessons learned from the 1999 Kosovo intervention as a point of departure, this thesis addresses the question of whether the development of the Responsibility to Protect (RtoP) doctrine and the Common Security and Defence Policy (CSDP) actually made a difference in determining whether and how Europe responded to subsequent mass atrocities in its neighbourhood. Viewing the RtoP as an emerging international norm, a social constructivist framework is applied to explore the influence of norms on European foreign policy-making. It is argued that even an emerging international norm can be influential if it is considered a legitimate behavioural claim. The influence of the RtoP will be assessed by gauging the extent to which it is distinctively used to justify foreign policy decisions and to communicate the basis for those choices to a wider audience. The development of the RtoP and the CSDP from 1999-2011 in theory and practice paves the way for an in-depth case study analysis. Focusing on the UN, the EU as well as French, German and British discourses, the question of whether the RtoP has actually made a difference will be answered by scrutinizing European responses to the Libyan crisis (March – October 2011) and the Syrian crisis (March 2011 – September 2013). Ultimately, light is shed not only on the relevance of the RtoP for Europe but also on the role of the EU as a security actor in its neighbourhood.
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Nasir, Amina. "The Responsibility to Protect Applied to Internally Displaced Persons." Thesis, University of Kent, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.520859.
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Parajuly, Krishna Prasad. "Responsibility to Protect (R2P) : The Reconceptualization of Humanitarian Intervention." Thesis, Linköpings universitet, Statsvetenskap, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-111929.
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I have analyzed humanitarian intervention within the framework of Responsibility to Protect (R2P), particularly in relation to the three statements of my thesis. First, the conceptual aspect of humanitarian is discussed in regards to the definition of sovereignty fostered by the norm, and limitations and constraints on the practice. Secondly, inadequacy of the Chapter VII of the UN Charter to understand the nature and dynamics of conflicts today is dealt and whether the gap is looked up to. Third, the partnership with regional organizations and agencies as imagined by the norm is discussed as to find out whether this approach takes real politics in its consideration about conflict solution. Underneath this split analysis lies the single purpose of understanding humanitarian intervention under the light of Responsibility to Protect (R2P).
10
Henderson-Howat, Fenella. "Displaced persons in South Sudan - whose responsibility to protect?" Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/23755.
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There have been severe shortcomings in the protection of internally displaced persons (IDPs), and gaps in research with academic and legal focus remaining on refugees instead. These gaps are revealed and correspondingly explored in this thesis through a case study analysis of South Sudan. The main objective of this thesis is to expose the overall protection discrepancies facing IDPs, and the need to re-address international responsibility to protect in cases where national authorities are unable or unwilling to do so. The lack of a clear definition, legal status and institutional framework at an international level is shown to have an adverse impact on protection. The case study of South Sudan is introduced through an overall analysis of key events and displacement trends. Evidence in support of the main argument is presented through an analysis of the injustices and human rights violations facing IDPs in South Sudan. The roles of the two major providers of protection in South Sudan - the national authorities and the international community - are evaluated to ultimately show how a more flexible approach must be adopted by the international community in such cases. Overall, this thesis seeks to bring the displaced in South Sudan to the forefront of the debate about who is responsible for their protection.
11
Rosenälv, Sandra. "Responsibility to protect : a legal principle in international law?" Thesis, Stockholms universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-142938.
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Nyström, Frida. "Responsibility to Protect och utbildningen av soldater : En komparativ fallstudie om kopplingen mellan Responsibility to Protect och utbildningen av soldater i Sverige och USA." Thesis, Karlstads universitet, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:kau:diva-85719.
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This thesis examined the connection between Responsibility to Protect (R2P) as an international norm and the education of soldiers in Sweden and America. In a number of military handbooks and guides, the United States has emphasized the importance of R2P training as fundamental to the conduct of peace operations. One of the Swedish Armed Forces' four pillars (crimes against humanity, genocide, war crimes and ethnic cleansing) is international peace operations, which indicates that training in such operations is of great importance. Sweden and the United States have a positive stance on the UN principle R2P and have expressed themselves in that it is an important tool in the work towards peace. The education within the four crimes that are included in R2P is thus of great importance for both Sweden and the United States in peace work. Thus, the purpose of this thesis is to describe and compare the connection between R2P as an international norm and the training of soldiers in the four crimes that are included in the R2P principle. The results showed that R2P contains parts that are more or less prioritized by the Swedish and American military in terms of training of soldiers. It is clear that the principle R2P is not prioritized per se, but the education is instead given in subjects that the principle concerns, and therefore the education can be counted as being given, to a certain extent, in R2P.
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Bohm, Alexandra. "The responsibility to protect : security and justice in international society." Thesis, University of Sheffield, 2014. http://etheses.whiterose.ac.uk/6570/.
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Dorsch, Jessica Frances. "Russian Intervention in Crimea and the Question of Responsibility to Protect." Thesis, Virginia Tech, 2020. http://hdl.handle.net/10919/98537.
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The Russian Federation has claimed that its unilateral intervention in Crimea represents a case for Responsibility to Protect. This study investigates how the international community reacts to and determines a case of Responsibility to Protect. Three criteria to justify use of Responsibility to Protect are created from an analysis of international deliberations in previous interventions in Côte d'Ivoire (2010), Libya (2011), and Syria (2011). The Russian Federation involvement in Kosovo is analyzed in order to better understand its stance regarding intervention in Crimea. Classification as Responsibility to Protect requires (1) the case must have confirmed human rights violations; (2) the state must demonstrate that the human rights violations are more important than the state's sovereignty; and, (3) the state must use the multilateral system in the United Nations Security Council. The Russian Federation's intervention in Crimea constitutes a case for Responsibility to Protect to a minimal extent as their case did not have confirmed human rights violations and did not intervene multilaterally through the United Nations Security Council.Master of Arts
The Russian Federation has claimed that its unilateral intervention in Crimea represents a case for Responsibility to Protect. The study investigates how the international community reacts to and determines a case of Responsibility to protect. By analyzing the humanitarian intervention of Kosovo and the prior Responsibility to Protect cases of Côte d'Ivoire (2010), Libya (2011), and Syria (2011), three criteria are established to determine if use of Responsibility to Protect is appropriate. The case of Kosovo is analyzed since the Russian Federation used this to further justify its intervention in Crimea. Classification as Responsibility to Protect requires the following: (1) the case must have confirmed human rights violations; (2) the state must demonstrate that the human rights violations are more important than the state's right to rule over its own population; and, (3) the state must use the multilateral system in the United Nations Security Council. The Russian Federation's intervention in Crimea constitutes a case for Responsibility to Protect to a minimal extent only since its case did not have confirmed human rights violations and did not intervene multilaterally through the United Nations Security Council.
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Crossley, Noële. "Humanitarian intervention : from le droit d'ingérence to the responsibility to protect." Thesis, London School of Economics and Political Science (University of London), 2015. http://etheses.lse.ac.uk/3161/.
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The thesis addresses the question of whether the Responsibility to Protect (R2P) can be considered a consolidated norm in international society today. A consolidated norm in international society is defined here as a regularised pattern of behaviour that is widely accepted as appropriate within a given social context. The analysis is premised on the assumption that R2P could be regarded as a consolidated norm if it was applied consistently when genocide and other mass atrocities occur; and if international responses would routinely conform to core principles inherent in R2P: seeking government consent; multilateralism; prevention; and regionalism. Finnemore and Sikkink’s norm lifecycle model is used to determine the putative norm’s degree of consolidation. The analysis shows that R2P had fully emerged as a prospective norm by 2005. In-depth case studies of the international responses to crises in Darfur and Kenya serve to illuminate the findings. The author concludes that the Responsibility to Protect has not, as yet, fully consolidated as an international norm. The Responsibility to Protect has been remarkably successful at pervading the international discourse but has, as yet, been somewhat less successful at consistency in implementation in terms of adherence to its core principles as outlined above (the qualitative dimension of R2P); and it has been least successful, to date, in terms of consistency across cases in terms of resolve and tenacity. The consistency-gap may, however, gradually close – which is possible, if not likely, if R2P continues on its current trajectory.
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Amnéus, Diana. "Responsibility to protect by military means : emerging norms on humanitarian intervention? /." Stockholm : Department of Law, Stockholm University, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-8345.
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Mahadew, Roopanand. "The African Union's responsibility to protect in the Libyan crisis 2011." Diss., University of Pretoria, 2011. http://hdl.handle.net/2263/18625.
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“For too long the world has stood by in the face of atrocities. The Responsibility to Protect is a
commitment to act.” After the 2005 World Summit, the international community endorsed a new
international norm, the Responsibility to Protect. This new international norm stipulates that the primary
responsibility to protect the population of a country lies with the state itself. When a state is either
unable or unwilling to protect peoples, the responsibility shifts to the international community. The
obligation must be exercised preventively and the tools of action include diplomatic, legal and other
peaceful measures; coercive measures such as sanctions; and, as a last resort, military force.Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011.
http://www.chr.up.ac.za/
nf2012
Centre for Human Rights
LLM
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Amnéus, Diana. "The Responsibility to Protect by Military Means : Emerging Norms on Humanitarian Intervention?" Doctoral thesis, Stockholms universitet, Juridiska institutionen, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-8345.
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This dissertation is an interdisciplinary study on the external ‘Responsibility to Protect’ (R2P) and international law. It focuses on the legal customary process on jus ad bellum by which states try to address the gap between the legitimacy and legality of humanitarian intervention to protect human security within a state against genocide, war crimes and crimes against humanity. The development of specific legal rights for the Security Council, regional organisations and ‘coalitions of the willing’ to protect by military means is examined through case studies of humanitarian interventions after the Cold War. Constructivist perspectives on security and norms are contrasted with legal positivist analyses of customary law, the applicable law on the use of force, and evolutionary interpretation and informal modification of treaties. Feminist theories and gender perspectives on human security, the R2P and humanitarian intervention are also integrated into the thesis. The decisions to authorise humanitarian interventions in Bosnia, Somalia, Rwanda, East Timor and Darfur confirm an external R2P for the Security Council in the form of a lex lata right to protect by military means where states have manifestly failed to do so and where peaceful means are considered inadequate. Furthermore, a similar customary right for regional organisations may also be emerging, when the state concerned manifestly fails to protect, the Security Council is unable or unwilling to act and peaceful means found inadequate. Finally, support is found for a lex ferenda right of regional organisations, coalitions of the willing and individual states to intervene by military means in ‘exceptional circumstances’ in accordance with the theories on ex post facto or implied authority, or the principle of necessity, to protect people in humanitarian crises where the criteria of the R2P doctrine are met.
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Samara, Angeliki. "The responsibility to protect and the notion of irresponsibility in international law." Thesis, University of Sussex, 2018. http://sro.sussex.ac.uk/id/eprint/80439/.
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Teimouri, Heidarali. "The responsibility to protect and international intervention : a case study of Libya." Thesis, University of Leeds, 2017. http://etheses.whiterose.ac.uk/18080/.
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The responsibility to protect people against international crimes was introduced to international law scholarship after the endorsement of this newly evolving concept in the 2005 World Summit Outcome Document by the UN General Assembly. The approval of the possibility of military intervention in the case of sovereign states being unable or unwilling to bear their primary responsibility to protect their own people has become a matter of controversy ever since. The cornerstone of this controversy resides in two issues. First is the positive obligation of the international community to coercively encounter perpetrations of international crimes. Second is how military intervention, as a naturally destructive phenomenon, can be conducted to save people to the degree possible and cause less harm. Moreover, apart from coercive measures, there is a less appreciated aspect of this concept that needs to be scrutinised. The non-coercive measure of the application of the International Criminal Court jurisdiction in the case of responsibility to protect situations, although it seems less political, its contribution to the promotion of this concept is deeply contested. The Libyan uprising and the prompt military intervention to save threatened Libyans by the international community in 2011 were accompanied by reference of the case of Libya to the ICC through Security Council resolutions 1970 and 1973, both of which were pursued on the basis of the trajectory of responsibility to protect in international law. This study, as the first legal appreciation of responsibility to protect in the case of Libya, explores whether the case of Libya was a case of responsibility to protect. If the answer is positive, then was the application of both coercive and non-coercive measures appropriate to the principal promise of this concept? Furthermore, if there were any shortcomings in the application of the measures, concerning the aftermath of intervention, what legal lacunas exist that are still in need of attention? Finally, the study at hand attempts to propose certain legal improvements for the better application of the complementary responsibility of the international community in implementing the promise of responsibility to protect.
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Megale, Tiago Matsuoka. "Supermarkets and private standards of sustainability: the responsibility to protect without protectionism." reponame:Repositório Institucional do FGV, 2018. http://hdl.handle.net/10438/22074.
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The current international economic scenario is characterized by the presence of an increasing number of multinational enterprises, the formation of global value chains and the creation of transnational regulatory networks. These phenomena contribute to the erosion of the State regulatory capacity and generate questions about how to regulate the structures created by private actors. The aim of this research is to analyze to which extent private standards of sustainability imposed by supermarkets protect common values as the human life or health instead of constituting disguised restrictions to trade. Sustainability standards constitute initiatives that can be welcome on a CSR perspective, but can be protectionist on trade transactions. These standards stand on a legal vacuum as the multilateral trade system centered on the WTO does not directly regulate the conduct of private actors. This legal vacuum is fulfilled by the OECD regulatory structure on CSR that reflects the global expansion of corporate social responsibility and the proposed business cases for CSR. The analysis and the case studies disclosed that the essence of the aforementioned standards can be determined through the limited scope of WTO treaties that regulate non-tariff barriers to trade and the search of coherence between supermarkets’ sustainability policies and OECD rules. This dissertation also calls for the deepening of the international sustainability agenda that goes beyond the classical economic, environmental and social pillars to encompass principles of good governance.
O atual cenário econômico é caracterizado pela presença de um número crescente de empresas multinacionais, da formação de cadeias globais de valor e da criação de redes regulatórias transnacionais. Esses fenômenos contribuem para a erosão da capacidade regulatória do Estado e geram questões sobre como regular as estruturas criadas por atores privados. O objetivo desta pesquisa é analisar em que medida padrões privados de sustentabilidade impostos por supermercados protegem valores comuns como a vida e a saúde humana ao invés de constituírem restrições disfarçadas ao comércio. Os padrões de sustentabilidade constituem iniciativas que podem ser bem-vindas em uma perspectiva de responsabilidade social e corporativa (RSC), mas podem ser protecionistas em transações comerciais. Esses padrões estão em um vácuo jurídico na medida em que o sistema multilateral de comércio centrado na OMC não regula diretamente a conduta de atores privados. Este vácuo jurídico é preenchido pela estrutura regulatória da OCDE sobre responsabilidade social e corporativa que reflete a expansão global da responsabilidade social e corporativa e os casos de negócios para RSC propostos. A análise e os estudos de caso revelaram que a essência dos padrões acima mencionados pode ser determinada por meio do escopo limitado dos tratados da OMC que regulam barreiras não-tarifárias ao comércio e da busca de coerência entre políticas de sustentabilidade dos supermercados e as regras da OCDE. Esta dissertação também sugere o aprofundamento da agenda internacional de sustentabilidade, a qual deve ir além dos clássicos pilares ambiental, econômico e social para também abranger princípios de boa governança.
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Butchard, P. M. "The responsibility to protect when the UN Security Council fails to act : is there room for a tertiary responsibility?" Thesis, University of Liverpool, 2017. http://livrepository.liverpool.ac.uk/3016795/.
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In the 2005 World Summit Outcome, the international community accepted the emerging notion of the ‘responsibility to protect’. The world recognised a primary responsibility on States to protect its populations from genocide, war crimes, ethnic cleansing and crimes against humanity. Additionally, they recognised a ‘secondary’ responsibility on the international community, including the United Nations, to assist and encourage States in their primary responsibility to protect. The emergence of the ‘responsibility to protect’ is a relatively new development in international law - it is at the frontline of the international community’s efforts towards ensuring that States adhere to the principles of international law in response to mass atrocities within their own jurisdiction. It also calls for the wider international community to act in responding to such situations, highlighting legal and legitimate foundations upon which to assist or intervene when a State fails in its primary responsibility. However, if both the State (with a primary responsibility) and the Security Council (with a secondary responsibility) fail to act in response to the said mass atrocities, it may be difficult, if not impossible, for the international community to take appropriate action – especially if the use of military force is required. Therefore, this thesis will look beyond the Security Council for legal alternatives to its inaction. It shall assess popular arguments for alternative routes within the UN, such as through the General Assembly, and also outside of the UN system too, whether unilaterally or through regional organisations. With the fundamental principles of the prohibition of force and non-intervention as the focus of legal analysis, the original purpose of the UN collective security system will be traced from the origins of the Charter so that previously-rejected theories may shed new light on the interpretation of these important legal foundations. By evaluating the legality, and indeed the appropriateness, of options outside of the Security Council, the thesis will provide an opportunity to ask whether such alternatives can, or should, form part of a ‘tertiary’ responsibility to protect. Through its investigation, the thesis determines that there are legal avenues for establishing such a tertiary responsibility to protect, and identifies the relevant actors who have legal competence to implement it.
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Johansson, Daniel, and Bing He. "Sustainable Gambling Business : -The responsibility of companies to protect gamblers from becoming addictive." Thesis, Uppsala universitet, Företagsekonomiska institutionen, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-226606.
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Gambling availability has increased as well as the number of people gambling. Within gambling, addiction has become a growing problem, affecting both the gambling business as well as the individuals. This situation forces companies to balance their profit with responsible action in order to prevent gambling addiction. This thesis examines why and how gambling companies differ in their methods to help players avoid addiction in order to establish a sustainable society. A multiple case-study has been carried out, where three gambling companies have been examined and analyzed. The companies are Svenska Spel, Norsk Tipping and Unibet. The survey is based on interviews with representatives from the companies working in the departments of Responsible gambling or CSR. The conclusions of this study show that gambling companies can profit both economically and establish good will, if they show responsibility. Gambling companies differ in how they handle addiction, mainly because of diffuse concepts as CSR and Responsible Gambling. If gambling companies cooperate actively between themselves as well as with research of addiction, a balanced, sustainable society may be reached. Discussions of solving the problem of gambling addiction can preferably continue in order to reach a sustainable society.
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Budde, Dieter [Verfasser]. "Eine ethische Perspektive militärischer Operationen im Rahmen von Responsibility to Protect / Dieter Budde." Hamburg : Kovac, J, 2021. http://d-nb.info/1223212718/34.
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Peters, Daniel [Verfasser]. "Menschenrechtsschutz in der internationalen Gesellschaft : Extraterritoriale Staatenpflichten und Responsibility to Protect / Daniel Peters." Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2020. http://d-nb.info/121239562X/34.
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Knuters, Simon. "The Responsibility to Protect : An Emerging Norm Applied to the Conflict of Syria." Thesis, Växjö universitet, Institutionen för samhällsvetenskap, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-53047.
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Abstract In 2005 the United Nations (UN) unanimously agreed setting up a framework for the responsibility to protect (R2P) populations facing mass death and large scale atrocities consisting of three pillars. This responsibility was primarily for states to protect their own population (pillar 1). However, the second pillar of R2P mentions the responsibility for outside actors to engage protecting populations if their home government fails to ensure this protection. This study is about the emergence of R2P and why it has failed to protect the population in the ongoing Syrian intra-state war. Applied to the case of the Syrian conflict is Amitav Acharya’s (2013) model of norm circulation which will serve as the analytical framework for this research. Furthermore, the implementation of R2P is hampered when a permanent member of the United Nations Security Council (UNSC) decides to veto a resolution. This study suggests that when the UNSC is unable to act to protect populations at risk of mass death, a regional organization should have the authority to respond with necessary actions, even though that action would violate the sovereignty of the third state (see Williams et. al, 2012). As to date, the emerging norm of R2P still needs further diffusion in order to reach global acceptance. This research search to continue the development of the understanding of R2P and the emergence of global norms. Keywords: R2P, Syria, emerging norms, the United Nations
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Ofuani, Suzzie Onyeka. "Redefining state sovereignty: The complexities of Humanitarian intervention and the Responsibility to Protect." Master's thesis, University of Cape Town, 2009. http://hdl.handle.net/11427/4728.
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At the time this statement was made by the former Secretary General of the United Nations, the international community was engulfed in a debate concerning humanitarian intervention and its effect on state sovereignty. Recent interventions in states such as East Timor, Haiti and Kosovo had sparked off concern regarding the tension between sovereignty and the recognition of human rights norms which has for a long time 'raged' within academic institutions and the international community as a whole. In the rhetoric of international politics, attempts to establish the responsibility of states to respect human rights within their jurisdictions are often countered with claims of sovereign equality and the principle of non-intervention.
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Al-wassity, Shagan. "“Responsibility to Protect och dess komplex” : En fallstudie om invasionen av irak 2003." Thesis, Linnéuniversitetet, Institutionen för statsvetenskap (ST), 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-65069.
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Roux, Leanne. "Pharmacovigilance: the responsibility of pharmaceutical companies to protect patients from drug-related harms." Thesis, University of the Western Cape, 2014. http://hdl.handle.net/11394/4234.
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>Magister Scientiae - MScHealthcare professionals (HCPs) have a primary role to play in the detection, assessment and spontaneous reporting of adverse drug reactions (ADRs). An improvement of their related knowledge, attitude and practice concerning pharmacovigilance and ADR reporting is vital. The objective of the study was to determine whether or not pharmacovigilance training, provided by a Pharmaceutical Company, would improve HCP’s perceptions and adherence to pharmacovigilance and ADR reporting. A quasi-experimental research design was used. A total of 44 HCPs participated in the study. Participants were divided into two groups: an experimental group that received pharmaceutical training intervention; and a control group that did not receive any training. Using a self-administered questionnaire before and after the training intervention assessed the knowledge, attitudes, and practice of pharmacovigilance and ADR reporting displayed amongst the HCPs.
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Lind, Peter Spears. "The contestation of nonintervention : international order and emergence of the responsibility to protect (R2P)." Thesis, University of St Andrews, 2016. http://hdl.handle.net/10023/9318.
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This thesis examines how the norm of nonintervention has interacted with the norm of the Responsibility to Protect (R2P) to construct a new normative architecture of international order. Nonintervention has long served as a deeply embedded norm in the international normative architecture. However, conflicting interpretations of how to respond in cases of egregious intra-state human rights abuses have fuelled contestation surrounding the potential for international protection measures including the projection of force. Drawing from international relations theory, I embrace a social constructivist approach with insights from the English School to explore the nature of normative structures and their role in undergirding international society. While foreign policy decisions reflect a spectrum of normative and non-normative considerations, norms serve as resources that guide and shape the behaviour of actors. Outlining the emergence of R2P and its invocation through empirical cases of mass atrocities in Sri Lanka (2009), Libya (2011), and Syria (2011-2015), this thesis traces the contestation of nonintervention through cases of intra-state humanitarian crises. I conclude that nonintervention has recurrently challenged R2P as a means of securing international order and the rights of independent political communities, with its persistent salience serving as a barrier to intervention and more expansive interpretations of R2P.
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Adediran, Bolarinwa. "Reforming the authorising mechanism for intervention : how can the responsibility to protect be achieved?" Thesis, University of Manchester, 2018. https://www.research.manchester.ac.uk/portal/en/theses/reforming-the-authorising-mechanism-for-intervention-how-can-the-responsibility-to-protect-be-achieved(330f8a40-4256-4031-a017-b90ca8de9d3b).html.
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This thesis considers how the international response to egregious crimes can be made more consistent and effective. It focuses in particular on the Security Council as the authorising mechanism for intervention and comprehensively evaluates the proposals for its reform. It shows that contrary to several existing proposals, reform to the Security Council would not improve its authorisation of international action to address atrocity crimes. Similarly, the thesis considers proposals that seek to circumvent the authority of the Security Council but rejects their capacity to bring about a more consistent humanitarian regime. Finally, it robustly considers and argues for the use of regional organisations as alternative authorising mechanisms during mass atrocities.
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Sturm, Cornelius [Verfasser]. "Verantwortung, Krieg und Menschenwürde : Die Responsibility to Protect zwischen Anspruch und Wirklichkeit / Cornelius Sturm." Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2020. http://d-nb.info/1212395263/34.
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Lotze, Walter. "Interventionist norm development in international society : the responsibility to protect as a norm too far?" Thesis, University of St Andrews, 2011. http://hdl.handle.net/10023/1850.
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This research makes use of a Constructivist approach to norm development, in particular the concept of the norm life cycle, to assess the emergence and development of the responsibility to protect as a norm in international society in relation to the conduct of interventions on humanitarian grounds. This study finds that the responsibility to protect emerged relatively rapidly in international society as a norm relevant to the formulation and implementation of international responses to conflict situations characterised by the commission of atrocity crimes. Indeed, between 2001 and 2010, this study finds that the responsibility to protect norm became codified and entrenched in international organisation, and could therefore have been expected to influence state behaviour, and the discourse surrounding that behaviour, in relation to the conduct of interventions on humanitarian grounds. However, through an assessment of the application of the norm through the United Nations and the African Union to the conflicts in the Darfur region of Sudan from 2003 onwards, the study finds that the norm, while featuring relatively prominently in discourse surrounding Darfur between 2007 and 2008 in the United Nations, appears to have receded thereafter, disappearing from discourse by 2009 altogether, and appears not to have been useful to the attainment of its content goal, namely preventing or halting the commission of atrocity crimes, in the case of Darfur. Indeed, the norm may even have contributed to complicating, as opposed to facilitating, international engagement on Darfur. This study explores the apparent contradiction between the emergence and entrenchment of the responsibility to protect norm in international society at the same time as the norm appears to have increasingly faded from discourse surrounding international responses to the conflicts in Darfur, and assesses the implications of this both for the future development and utility of the norm, as well as for future responses to conflicts characterised by atrocity crimes on the African continent.
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Wyatt, S. J. "Towards a cosmopolitan approach to human protection? : an analysis of the responsibility to protect doctrine." Thesis, University of Sheffield, 2015. http://etheses.whiterose.ac.uk/12335/.
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Wallén, Daniel. "Sweden´s moral responsibility to protect Romanian victims of trafficking for sexual exploitation in Sweden." Thesis, Högskolan Dalarna, Statsvetenskap, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:du-28019.
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Trafficking in persons is a serious crime and a serious violation of human rights. Every year, thousands of men, women and children fall into the hands of traffickers, in their own countries and abroad. Trafficking in human beings (THB) can be about forced labour, sexual slavery and/or commercial sexual exploitation, but this this paper focuses on the latter category. One country in Eastern Europe with an exceptionally high proportion of women and children trafficked into Sweden each year is Romania. The purpose of the following study is therefore to investigate what moral responsibility – if any – Sweden has to protect the female part of the victims from Romania being trafficked for sexual purposes in Sweden. They are not Swedish citizens, and that makes it a complicated question. In making an effort to come up with answers, we will have a look at what Sweden is doing for these people today, and what the options look like going forward, if indeed the responsibilty is ours. This is an academic thesis with one normative and one empirical aspect. Normative theoretical principles of global justice, ethics and human dignity from American philosopher Martha Nussbaum are tested on an empirical problem; a case study about the situation for Romanian trafficking victims in Sweden and Norway. Apart from the theory and case study, I have exclusively used applied ethics, secondary sources and an analytical tool to analyze and dissect the problem, reaching the conclusion that Sweden does have a moral responsibility, and that we therefore should continue to work in these people´s favour. However, more so that now by assisting solution solving in Romania, where the biggest problems exist and the best solutions can be expected, if handled intelligently and with ethics in mind.
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Ruston, Kate. "Refuge for the Non-Refugees: The Responsibility to Protect Civilians in the Syrian Civil War." Scholarship @ Claremont, 2016. http://scholarship.claremont.edu/cmc_theses/1309.
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Halbert, Jennifer Dee. "Old policies, new package? : the scope, viability and value added of the 'responsibility to protect'." Thesis, Swansea University, 2013. https://cronfa.swan.ac.uk/Record/cronfa42825.
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In 2005 States accepted that there is a responsibility to protect ('RtoP') populations when "man's inhumanity to man" rises to the fore and that those entrusted to respond effectively should undertake appropriate protective action, not simply rely on 'it' going away. The question which the thesis explores, largely from a legal and practice based perspective, is what the evolution of each component of RtoP discloses, over the past seven years, about its scope, status, viability and, more specifically, whether RtoP as it currently stands adds value to, or just newly packages, old protection policies. The extensive practice reviewed, including over four hundred State views and fifteen country-specific studies, identifies which positions in the existing literature on RtoP may require revisiting, and what issues merit greater attention given their potential practical and policy significance. Where appropriate, the established field of minority protection is utilised to ground assessment of RtoP's value added and identify possible policy implications of, or explanations for, the development of a responsibility which is still in its formative years. In so doing, present understandings of RtoP's relationship to minority protection are examined and developed. The view taken is that RtoP's relationship with existing protection mechanisms is multifaceted and evolving, adding value in some ways but also creating points of departure. Whilst the broad based State support for RtoP developed since 2005 is cause for celebration, the Libya and Syria conflicts illuminated tensions inherent in RtoP, including whether it is possible to resist regime change and remain neutral in civil wars where governments perpetrate RtoP crimes. Until there is a greater cohesion among policymakers to address some of the controversial issues and other outstanding ambiguities, then it is quite likely that the focus on 'RtoP' from 2005 will now shift perhaps to more 'PtR' - 'Protecting the Responsibility'.
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Pearson, Lucy. "The Responsibility to Protect: Answering Civil Conflict in the 21st Century – A RAMSI Case Study." Thesis, Department of Government and International Relations, 2011. http://hdl.handle.net/2123/8279.
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This thesis will attempted to analyse the Responsibility to Protect, whether the doctrine has a future in the workings of the international system as an effective mechanism for conflict resolution and for consensus on issues that surround violations of life, liberty and security of person. The R2P is acknowledged as a very new doctrine, the that has its fair share of warranted criticism and a long way to go before it becomes customary law in the international system. Through an in-depth analysis of the Regional Assistance Mission to Solomon Islands, the thesis aimed to highlight the potential of the R2P in addressing modern conflict situations and providing long standing stability through committed assistance in capacity development. Despite failures in the RAMSI intervention, and the relatively small scale nature, it stands as a significant success in implementation of the R2P and exemplifies the doctrine‟s potential in application. At its base the R2P demonstrates a powerful normative shift towards the protection of the fundamental human rights of all people, and a shift away from traditional understandings of sovereignty as absolute.
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Zilkiq, Adelina. "Kosovo - a ''Humanitarian Intervention'' : A case study about Kosovo and Nato's intervention on 24 March, 1999." Thesis, Linnéuniversitetet, Institutionen för samhällsvetenskaper, SV, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-23725.
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This essay is a type of case study, it examines if intervention in Kosovo were in accordance with humanitarian intervention criteria. This study gives an understanding that intervention may sometime worsen condition for the people it wants to rescue, and that inability to address humanitarian intervention prevails in diffuse victory. The purpose of this essay is to examine the Kosovo conflict and the approach of humanitarian intervention in 24 March, 1999. The approach made by NATO was seen as a new international phenomenon that sought to protect values of human rights. The results of this study pose doubt to this notion; it reflects that the intervention rested not only on humanitarian grounds. The most important aspect of humanitarian intervention is promoting security for the people it wants to rescue. The results shows that NATO’s intervention in short term failed to provide security; it is shown that the air campaign had little impact at the beginning prevailing only after much damage and suffering has been done. The result also shows that failure to adopt the issue of Kosovo more adequately at an earlier stage on the international agenda resulted in the ''welfare'' of NATO's intervention. Despite the consequences of NATO’s action, situation prevailed for the better outcome for the Kosovar-Albanian people than what might have been has intervention been absent. FRY: s deliberative plan of expelling the Kosovo-Albanian to the last one would have been finalized if intervention would have been absent.
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Ipinyomi, Foluke Ifejola. "The responsibility to protect and the responsibility to prevent : a legitimate and structural framework for an international non-military responsibility to prevent mass atrocity and internal conflict in West Africa." Thesis, Lancaster University, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.654967.
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Johansson, Dan. "Intervention kontra Statssuveränitet : "Responsibility to Protect" - En studie av principens nyttjande vid interventionen i Libyen 2011." Thesis, Försvarshögskolan, 2012. http://urn.kb.se/resolve?urn=urn:nbn:se:fhs:diva-2732.
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Sedan andra världskrigets slut har internationell debatt förekommit angående hur internationellt bemötande bör ske då en främmande befolkning utsätts för våld och övergrepp av dess egen statsledning. Ofta har inom ramen för denna debatt normen om icke-intervention kommit att ställas mot ett globalt förespråkande av mänskliga rättigheter.Efter uppmaning av FN:s tidigare Generalsekreterare Kofi Annan, upprättades år 2000 International Commission on Intervention and State Sovereignty. Kommissionens arbete mynnade ut i en rapport benämnd The Responsibility to Protect, vilken syftar till att söka internationell konsensus kring möjligheten att genomföra intervention med humanitärt skydd som mål, samt rekommendationer om hur en sådan bör ske.Syftet med uppsatsen är att genom kvalitativ textanalys söka svar på i vilken omfattning rekommendationerna inom The Responsibility to Protect överensstämmer med internationellt agerande under den inomstatliga konflikten i Libyen 2011.Studiens resultat visar på att internationellt agerande från FN, dess medlemsländer samt internationella organisationer till viss del överensstämmer med rapportens förespråkade konflikthantering innan demonstrationer utbröt i Libyen. Vidare visar studien att internationellt agerande väl överensstämmer med The Responsibility to Protect´s rekommendationer, då de libyska demonstrationerna eskalerade och mynnade ut i en inomstatlig väpnad konflikt.Since the end of the Second World War there has been an international debate on how to address conflictsituations, where foreign populations are victims of abuse by actions perpetrated by their own government. Thetraditional norm of non-intervention has been confronted with growing support of global perspectives of humanrights.After several pleas from the UN Secretary-General to form international consensus on interventions for humanprotection purposes, the International Commission on Intervention and State Sovereignty was formed in 2000.The commission’s work led to a report entitled The Responsibility to Protect. The report refers to a broadspectrum of recommendations on when and how intervention for human protection purposes should beauthorized and carried out.This study aims, through a qualitative text analysis, to find the extent to which international actions towardsLibya during 2011, complies with guidelines given within The Responsibility to Protect.The result shows partial conformable actions from international actors in an initial phase, and after Libyaprotests escaladed in early 2011, the study indicates that international measures and actions seems to reflect amajor part of recommendations given within the scope of The Responsibility to Protect.
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OLIVEIRA, CRISTIANE DOS SANTOS. "GERMANY, BRAZIL, INDIA AND THE RESPONSIBILITY TO PROTECT: BETWEEN PRAGMATISM AND THE WEIGHT OF THE PAST." PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIRO, 2012. http://www.maxwell.vrac.puc-rio.br/Busca_etds.php?strSecao=resultado&nrSeq=20963@1.
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PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO DE JANEIROCONSELHO NACIONAL DE DESENVOLVIMENTO CIENTÍFICO E TECNOLÓGICO
O objetivo deste trabalho é analisar os posicionamentos alemão, brasileiro e indiano perante a doutrina da Responsabilidade de Proteger. Ao longo do estudo destas três posições, a hipótese avançada é a de que eventos históricos, incentivos sistêmicos globais da aderência a essa doutrina - ou da recusa desta - e percepções de segurança/insegurança do presente moldam as preferências dos Estados em relação ao debate sobre intervenção e a Responsabilidade de Proteger. Assim sendo, será defendido que o peso do passado desempenha um papel muito importante, ou até mesmo essencial, na construção das posições dos três países em relação à R2P. Esta dissertação está amparada na abordagem construtivista de Alexander Wendt, assim como no conceito de cultura estratégica e no enfoque da memória coletiva.
The aim of this dissertation is to analyze the German, Brazilian and Indian positions regarding the Responsibility to Protect doctrine. Throughout the study of these three positions, the hypothesis advanced is that historical events, overall systemic incentives to adhere to this doctrine - or to refuse it- and perceptions of security / insecurity shape states’ preferences regarding the debate on intervention and Responsibility to Protect. Therefore, it is argued that the weight of the past plays an important, or even essential, role in the construction of the three positions in relation to R2P. This work is supported by the Alexander Wendt’s constructivist approach, as well by the concept of strategic culture and by the collective memory approach.
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Potter, Donald W. "Responsibility to protect no more Rwandas. The international community and humanitarian intervention in the 21st century /." Hobart, Tasmania : University of Tasmania, 2006. http://eprints.utas.edu.au/1418/.
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Odoemena, Chukwuagozie. "The applicability of the doctrine of responsibility to protect and legality of NATO Intervention in Libya." Diss., University of Pretoria, 2015. http://hdl.handle.net/2263/53176.
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The international community gathered in 2005 and adopted the doctrine of responsibility to protect? in paragraphs 138 and 139 of the World Summit Outcome Document.1 A few years after this Resolution, the UN Security Council with the support of the international community, applied the concept of responsibility to protect in the 2011 Libyan intervention. The Resolution 1973 was adopted as a result of Gaddafi?s manifest intention to exterminate the Libyan population. The Resolution authorised the member nations and regional organizations to use all measures necessary to protect all civilians in Libya.2 Thereafter, the coalition of states went to Libya, under the pretext of responsibility to protect and protection of civilians, and as a result the Libyan leader was killed. The killing of Gaddafi generated wide controversy as a result of the manner in which the intervening forces implemented Resolution 1973. It is against this background that this research work investigates the applicability of responsibility to protect and the legality of the NATO intervention in Libya. In so doing, the research study examines the historical development and content of responsibility to protect, which was introduced in 2001 and adopted by the world leaders in 2005. The study aims to investigate whether or not the intervention in Libya was in line with responsibility to protect, and, in so doing, the study analyses Resolution 1973 to ascertain whether or not the interveners went beyond their mandate. The responsibility to protect is central to the discussion of the research work because Resolution 1973 in its preamble reminded the Libyan government of their responsibility to protect civilian population.Mini Dissertation (LLM)--University of Pretoria, 2015.
Mercantile Law
LLM
Unrestricted
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Aldoghmi, Hamzah Suleiman Naser. "The responsibility to protect prima facie refugees fleeing mass atrocity crimes: Jordan as a case study." Thesis, Queensland University of Technology, 2018. https://eprints.qut.edu.au/116195/1/Hamzah%20Suleiman%20Naser_Aldoghmi_Thesis.pdf.
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This thesis examines the relationship between the Responsibility to Protect (R2P) principle and international refugee law to analyse the responsibility of states, the UNHCR, and the international community to protect prima facie refugees fleeing mass atrocity crimes. It advances a framework of minimum protection for prima facie refugees and applies this framework to a contemporary context by examining national and international responses to the Syrian refugee crisis in Jordan. While the thesis argues that there is universal agreement on the need to protect people fleeing mass atrocity crimes, it finds an implementation gap in the provision of protection and asylum, and a resourcing gap between refugee needs and available resources to protect them.
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Rothschild, Amanda J. "Out of the Nuremberg Nightmare: the Genocide Convention's Failure and the Efficacy of the Responsibility to Protect." Thesis, Boston College, 2011. http://hdl.handle.net/2345/2230.
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Thesis advisor: Donald HafnerThesis advisor: Timothy Crawford
This Scholar of the College senior honors thesis moves beyond moral pronouncements and the vague excuse of international "lack of will" for genocide intervention to introduce an inductive typology identifying practical, specific factors responsible for the world's repeated unwillingness to intervene during genocide under the obligations of the 1948 Genocide Convention. Drawing on original, classified documents contained in the UN Office at Geneva, the thesis proposes methods of mitigating the influence of these factors and evaluates the degree to which the Responsibility to Protect, a new humanitarian intervention norm, attenuates or exacerbates the causes of non-intervention. The project was awarded the John McCarthy S.J. Award for the most distinguished Scholar of the College senior thesis in the Social Sciences at Boston College
Thesis (BA) — Boston College, 2011
Submitted to: Boston College. College of Arts and Sciences
Discipline: College Honors Program
Discipline: Political Science Honors Program
Discipline: Political Science
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Sibanda, Sehlule. "Terrorism and military intervention under the principle of the Responsibility to Protect: The case of Boko Haram." University of Western Cape, 2020. http://hdl.handle.net/11394/7343.
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Masters of ArtIntervention is a controversial issue in international relations. In recent years, the issue of intervention has been further complicated by the attention given to terrorism following the 9/11 attacks on the United States (US) by the terrorist group under the name of Al Qaeda. In 2005, the United Nations (UN) member states adopted the Responsibility to Protect (R2P) principle that was coined by the Canadian government to give intervention a multilateral dimension. The R2P principle was established to protect civilians from four atrocity crimes, namely genocide, war crimes, crimes against humanity and ethnic cleansing. R2P gives the international community authority to intervene in situations where states are failing to protect their citizens from the aforementioned atrocity crimes.
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Hjälm, Veronica. "The Evolution of a Responsibility to Protect in Africa : The African Unions Emerging Peace and Security Regime." Thesis, Högskolan Dalarna, Statsvetenskap, 2010. http://urn.kb.se/resolve?urn=urn:nbn:se:du-5710.
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The thesis focuses on, and tries to evaluate, the role that the African Union (AU) plays in protecting the peace and security on the African continent. The thesis takes an interdisciplinary approach to the topic by both utilizing international relations and international law theories. The two disciplines are combined in an attempt to understand the evolution of the AU’s commitment to the pragmatist doctrine: responsibility to protect (R2P). The AU charter is considered to be the first international law document to cover R2P as it allows the AU to interfere in the internal affairs of its member states. The R2P doctrine was evolved around the notion of a need to arrive at a consensus in regard to the right to intervene in the face of humanitarian emergencies. A part of the post-Cold War shift in UN behaviour has been to support local solutions to local problems. Hereby the UN acts in collaboration with regional organizations, such as the AU, to achieve the shared aspirations to maintain international peace and security without getting directly involved on the ground. The R2P takes a more holistic and long-term approach to interventions by including an awareness of the need to address the root causes of the crisis in order to prevent future resurrections of conflicts. The doctrine also acknowledges the responsibility of the international community and the intervening parties to actively participate in the rebuilding of the post-conflict state. This requires sustained and well planned support to ensure the development of a stable society.While the AU is committed to implementing R2P, many of the AU’s members are struggling, both ideologically and practically, to uphold the foundations on which legitimate intervention rests, such as the protection of human rights and good governance. The fact that many members are also among the poorest countries in the world adds to the challenges facing the AU. A lack of human and material resources leads to a situation where few countries are willing, or able, to support a long-term commitment to humanitarian interventions. Bad planning and unclear mandates also limit the effectiveness of the interventions. This leaves the AU strongly dependent on regional powerbrokers such as Nigeria and South Africa, which in itself creates new problems in regard to the motivations behind interventions. The current AU charter does not provide sufficient checks and balances to ensure that national interests are not furthered through humanitarian interventions. The lack of resources within the AU also generates worries over what pressure foreign nations and other international actors apply through donor funding. It is impossible for the principle of “local solutions for local problems? to gain ground while this donor conditionality exists.The future of the AU peace and security regime is not established since it still is a work in progress. The direction that these developments will take depends on a wide verity of factors, many of which are beyond the immediate control of the AU.
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Eriksson, Josefin. "Humanitär intervention och suveränitetsprincipen : En studie om huruvida stater har påverkats av framtagandet av "responsibility to protect"." Thesis, Uppsala universitet, Teologiska institutionen, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-225843.
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Kolb, Andreas Stephan. "The responsibility to protect : legal rights and obligations to save humans from mass murder and ethnic cleansing." Thesis, University of British Columbia, 2008. http://hdl.handle.net/2429/4160.
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The context for this work is set by the proliferation of intrastate conflicts and the international
legal debate of humanitarian intervention. The thesis specifically addresses the concept of the
“Responsibility to Protect” (R2P) as formulated by the International Commission on Intervention
and State Sovereignty (ICISS). The objective is to assess the present quality of R2P as a concept
of international law.
Five components of the R2P framework are discussed: the primary responsibility of every state
to protect its population from large-scale killings and large-scale ethnic cleansing; the right of
other states to collective humanitarian intervention through the United Nations; a right of
unilateral humanitarian intervention without prior Security Council authorization; the
responsibility of the international community to take military action; and the criteria for external
military involvement.
Methodologically, the analysis is grounded in the dominant theory of legal positivism and its
doctrine of sources, which requires notably an analysis of treaties and customary international
law. An ethical theory is devised and applied, however, to remedy inadequacies of a strictly
positivist method that sets out to determine international law solely on the basis of hard facts.
These ethical considerations serve as a background theory to provide guidance in difficult cases
of treaty or customary law analysis, and they fill gaps in positive international law as legally
binding “principles of ethical law”.
In conclusion, the individual components of R2P differ in terms of their legal status and the
degree to which it can be explained by the traditional posivist approach to international law. The
primary responsibility of every state has become accepted as a hard norm of international
customary law; the right of collective humanitarian intervention is provided for in Chapter VII of
the UN Charter; a right of unilateral humanitarian intervention has become part of the
international legal system as a “principle of ethical law”; the residual responsibility of the
international community is a principle of “legal soft law”; finally, positive international law
defines no criteria delineating the permissible and required use of force for the protection of
foreign populations.