“Why the Responsibility to Protect (R2P) Doctrine is Incompatible with the Legal Principles of National Sovereignty and Domestic Jurisdiction” by Kapok Tree Diplomacy
(C) Kapok Tree Diplomacy. April 2011. All rights reserved. PREVIEW
Section One – Origins and Core Principles of R2P
Report of the International Commission on Intervention and State Sovereignty (ICISS) (2001)
State sovereignty has been defined as, “the rightful entitlement to exclusive, unqualified, and supreme rule within a delimited territory” (Smith, Baylis & Owens 25). But when, where and how may that legitimate and authoritative ‘rightful entitlement’ be challenged? UNSG Annan noted in a 1999 Press Release (SG/SM/7136, GA 9596), “State sovereignty, in its most basic sense, is being redefined by the forces of globalization and international cooperation” (qtd. in Dunoff, Ratner & Wippman 954). It is against this backdrop of rapidly changing international legal perspectives on state sovereignty that the ICISS makes its case. Read more
International and Regional Mechanisms for Holding Human Rights Offenders Accountable
“International and Regional Mechanisms for Holding Human Rights Offenders Accountable” by Kapok Tree Diplomacy
PREVIEW [Includes Table of Contents] Full essay is 2,825 words. 10 pages double-spaced. 12 references
Section One – United Nations Charter-Based and Treaty-Based Bodies
Charter-Based Institutions. These institutions include the UN General Assembly (GA), the UN Security Council (UNSC), the International Court of Justice (ICJ), the Human Rights Council (HRC), and other authorized bodies created by them such as the Commission on the Status of Women (CSW) (Steiner, Alston & Goodman (SAG) 737). “The single most important contribution made by the Charter-based bodies … has been through the elaboration of an ever-growing body of standards designed to flesh out … the norms enunciated in the Universal Declaration” (SAG 742). Each institution differs in its accountability processes. Read more
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