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Comparative Law as Transnational LawA Decade of the German Law Journal$
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Russel A. Miller and Peer C. Zumbansen

Print publication date: 2011

Print ISBN-13: 9780199795208

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199795208.001.0001

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Preventing Military Humanitarian Intervention? †

Preventing Military Humanitarian Intervention? †

John Rawls and Jürgen Habermas on a Just Global Order

(p.363) 28 Preventing Military Humanitarian Intervention?
Comparative Law as Transnational Law

Regina Kreide

Oxford University Press

During recent years, more people than ever before have become victims of civil wars, other substate armed conflicts, and genocide. The international community disagrees about how to react to gross human rights violations that occur in the course of these new wars. Some think the reaction is a genuine task for the United Nations. Others stress unrestrained national sovereignty as an essential condition for international peace. Despite unceasing contestation, foreign interventions increasingly are seen as an appropriate response to armed domestic conflicts—at least under certain conditions. The latest evidence of this trend is the emergence of an intense international debate over the responsibility to protect, which seeks to justify military invention in cases of a severe violation of individual negative rights of freedom. This chapter examines the question of what means, strategies, and conceptual tools are offered to address these new kinds of conflicts by current theories that aim at formulating a conception of justice for an international order. In particular, it focuses on how military humanitarian intervention fits into a conception of justice for international relations. It considers the theories of just international relations developed by John Rawls and Jürgen Habermas.

Keywords:   armed conflict, human rights violations, military intervention, justice, international order, international relations

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