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Page 1 of 4

  • Contents

  • Dino Kritsiotis, University of Nottingham, Olivier Corten, Université Libre de Bruxelles, Gregory H. Fox, Wayne State University, Michigan
  • Book:
    Armed Intervention and Consent
    Published online:
    22 June 2023
    Print publication:
    06 July 2023, pp v-viii
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  • Copyright page

  • Dino Kritsiotis, University of Nottingham, Olivier Corten, Université Libre de Bruxelles, Gregory H. Fox, Wayne State University, Michigan
  • Book:
    Armed Intervention and Consent
    Published online:
    22 June 2023
    Print publication:
    06 July 2023, pp iv-iv
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  • Index

  • Dino Kritsiotis, University of Nottingham, Olivier Corten, Université Libre de Bruxelles, Gregory H. Fox, Wayne State University, Michigan
  • Book:
    Armed Intervention and Consent
    Published online:
    22 June 2023
    Print publication:
    06 July 2023, pp 331-338
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  • Appendix II - Cases of Intervention by Invitation, 1990–2017

  • from 3 - Invitations to Intervene after the Cold War
  • Dino Kritsiotis, University of Nottingham, Olivier Corten, Université Libre de Bruxelles, Gregory H. Fox, Wayne State University, Michigan
  • Book:
    Armed Intervention and Consent
    Published online:
    22 June 2023
    Print publication:
    06 July 2023, pp 277-318
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  • Appendix I - Coding Manual

  • from 3 - Invitations to Intervene after the Cold War
  • Dino Kritsiotis, University of Nottingham, Olivier Corten, Université Libre de Bruxelles, Gregory H. Fox, Wayne State University, Michigan
  • Book:
    Armed Intervention and Consent
    Published online:
    22 June 2023
    Print publication:
    06 July 2023, pp 270-276
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  • Preface

  • Dino Kritsiotis, University of Nottingham, Olivier Corten, Université Libre de Bruxelles, Gregory H. Fox, Wayne State University, Michigan
  • Book:
    Armed Intervention and Consent
    Published online:
    22 June 2023
    Print publication:
    06 July 2023, pp ix-xii
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  • 3 - Invitations to Intervene after the Cold War

  • Dino Kritsiotis, University of Nottingham, Olivier Corten, Université Libre de Bruxelles, Gregory H. Fox, Wayne State University, Michigan
  • Book:
    Armed Intervention and Consent
    Published online:
    22 June 2023
    Print publication:
    06 July 2023, pp 179-318
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  • Summary

    Aiming to move beyond the limited primary sources on which polarised debate is usually based, this chapter reviews new data on UN Security Council practice in response to consensual interventions. From 1990 to 2013, the Council passed resolutions on 76 per cent of all internal conflicts. This chapter evaluates that response in light of four leading theories: of the Court in Nicaragua, that governmental invitations are always valid; of the Institut de droit international (IDI), that pro-government interventions are ‘allowable’ until a conflict becomes a civil war; that intervention is allowable at the invitation of an elected ‘democratic’ government to secure or restore its power; and that it is allowable in response to an invitation to counter ‘terrorist’ threats. The data shows that the Council does not unequivocally support the Nicaragua or IDI views but has approved regularly the anti-terrorist, and occasionally the pro-democracy, views. Its active voice is more marked than its alignment with any one theory. Among other implications, the IDI view – a Cold War response to abuses of supposed invitations – may be less salient when a multilateral check on such abuses is available.

Armed Intervention and Consent
  • Dino Kritsiotis, Olivier Corten, Gregory H. Fox
  • Published online:
    22 June 2023
    Print publication:
    06 July 2023
  • In the past decade, numerous military operations by outside states have relied on the real or alleged 'invitation' of one of the parties. In this book, three experts examine the relevant legal issues, from sovereignty to the scope and relevance of consent, the use of force to the role of the Security of Council. Using critical historical analysis, qualitative case studies and large-N empirics, these topics are debated and addressed in a unique trialogue format. Accommodating the pluralism of the field, the trialogical setting highlights the divergences and commonalities of each of the three approaches. Benefiting from an in-depth analysis of recent cases of armed intervention and the diversity of the authors' perspectives, this collection is key to developing a richer understanding of the law of military intervention. This title is also available as Open Access on Cambridge Core.

  • The Dual Lives of “The Emerging Right to Democratic Governance”

  • Part of
  • Gregory H. Fox, Brad R. Roth
  • Journal:
    AJIL Unbound / Volume 112 / 2018
    Published online by Cambridge University Press:
    21 May 2018, pp. 67-72
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  • Thomas M. Franck's The Emerging Right to Democratic Governance has lived a dual existence. On the one hand, it is almost universally cited as having brought international lawyers into the freewheeling debate of the early 1990s among scholars of international relations, comparative politics, and political theory about the so-called “Third Wave” of democratization. On the other hand, the article is not infrequently described as a legal avatar of post-Cold War Western triumphalism, often sharing a sentence or a footnote with Francis Fukuyama's The End of History and the Last Man. From the standpoint of the two authors of this essay—one a long-time defender of Franck's thesis and the other a long-time critic—both of these broad-brush characterizations of the article contain elements of truth, but both are also woefully incomplete.

Supreme Law of the Land?
  • Debating the Contemporary Effects of Treaties within the United States Legal System
  • Edited by Gregory H. Fox, Paul R. Dubinsky, Brad R. Roth
  • Published online:
    20 September 2017
    Print publication:
    21 September 2017
  • How do treaties function in the American legal system? This book provides a comprehensive analysis of the current status of treaties in American law. Its ten chapters examine major areas of change in treaty law in recent decades, including treaty interpretation, federalism, self-execution, treaty implementing legislation, treaty form, and judicial barriers to treaty enforcement. The book also includes two in-depth case studies: one on the effectiveness of treaties in the regulation of armed conflict and one on the role of a resurgent federalism in complicating US efforts to ratify and implement treaties in private international law. Each chapter asks whether the treaty rules of the 1987 Third Restatement of Foreign Relations Law accurately reflect today's judicial, executive, and legislative practices. This volume is original and provocative, a useful desk companion for judges and practicing lawyers, and an engaging read for the general reader and graduate students.

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