TY - JOUR
T1 - Why can’t we agree on when governments can consent to external intervention? A theoretical inquiry
AU - Lieblich, Eliav
N1 - Publisher Copyright:
© 2020, © 2020 Informa UK Limited, trading as Taylor & Francis Group.
PY - 2020/1/2
Y1 - 2020/1/2
N2 - Governments may lawfully request assistance from other states in many instances. However, once a government is challenged internally, things become complex. The key question is when, if at all, governments possess the legal authority to invite assistance against armed opposition? This article does not answer this question doctrinally or normatively. Rather, it explores why it remains so difficult to resolve, by utilising three theoretical approaches to international law: instrumental, critical, and ethical. Instrumentally, it is difficult to agree on desirable outcomes, or on a general standard on authority that would achieve them. From a critical perspective, standards on authority collapse into politics. Ethically, the question of authority to consent is entangled with the authority to resort to force internally, an issue scantly addressed by international law. Ultimately, this article seeks to uncover key theoretical problems that must be overcome in order to defend a plausible standard on authority to consent.
AB - Governments may lawfully request assistance from other states in many instances. However, once a government is challenged internally, things become complex. The key question is when, if at all, governments possess the legal authority to invite assistance against armed opposition? This article does not answer this question doctrinally or normatively. Rather, it explores why it remains so difficult to resolve, by utilising three theoretical approaches to international law: instrumental, critical, and ethical. Instrumentally, it is difficult to agree on desirable outcomes, or on a general standard on authority that would achieve them. From a critical perspective, standards on authority collapse into politics. Ethically, the question of authority to consent is entangled with the authority to resort to force internally, an issue scantly addressed by international law. Ultimately, this article seeks to uncover key theoretical problems that must be overcome in order to defend a plausible standard on authority to consent.
KW - International law
KW - consent
KW - intervention
KW - jus ad bellum
KW - theory of international law
KW - use of force
UR - http://www.scopus.com/inward/record.url?scp=85086864827&partnerID=8YFLogxK
U2 - 10.1080/20531702.2020.1773120
DO - 10.1080/20531702.2020.1773120
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AN - SCOPUS:85086864827
SN - 2053-1702
VL - 7
SP - 5
EP - 25
JO - Journal on the Use of Force and International Law
JF - Journal on the Use of Force and International Law
IS - 1
ER -