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Heather M. Roff - Global Justice, Kant and the Responsibility to Protect: A Provisional Duty

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Heather M. Roff Global Justice, Kant and the Responsibility to Protect: A Provisional Duty
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This book provides an innovative contribution to the study of the Responsibility to Protect and Kantian political theory.The Responsibility to Protect (R2P) doctrine has been heralded as the new international security norm to ensure the protection of peoples against genocide, ethnic cleansing, war crimes and crimes against humanity. Yet, for all of the discussion, endorsements and reaffirmations of this new norm, R2P continues to come under fire for its failures, particularly, and most recently, in the case of Syria.This book argues that a duty to protect is best considered a Kantian provisional duty of justice. The international system ought to be considered a state of nature, where legal institutions are either weak or absent, and so duties of justice in such a condition cannot be considered peremptory. This book suggests that by understanding the dutys provisional status, we understand the necessity of creating the requisite executive, legislative and judicial authorities. Furthermore, the book provides three innovative contributions to the literature, study and practice of R2P and Kantian political theory: it provides detailed theoretical analysis of R2P; it addresses the research gap that exists with Kants account of justice in states of nature; and it presents a more comprehensive understanding of the metaphysics of justice as well as R2P.This book will be of much interest to students of the Responsibility to Protect, humanitarian intervention, global ethics, international law, security studies and international relations (IR) in general.

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Global Justice, Kant and the Responsibility to Protect
This book provides an innovative contribution to the study of the Responsibility to Protect and Kantian political theory.
The Responsibility to Protect (R2P) doctrine has been heralded as the new international security norm to ensure the protection of peoples against genocide, ethnic cleansing, war crimes and crimes against humanity. Yet, for all of the discussion, endorsements and reaffirmations of this new norm, R2P continues to come under fire for its failures, particularly, and most recently, in the case of Syria.
This book argues that a duty to protect is best considered a Kantian provisional duty of justice. The international system ought to be considered a state of nature, where legal institutions are either weak or absent, and so duties of justice in such a condition cannot be considered peremptory. This book suggests that by understanding the duty's provisional status, we understand the necessity of creating the requisite executive, legislative and judicial authorities. Furthermore, the book provides three innovative contributions to the literature, study and practice of R2P and Kantian political theory: it provides detailed theoretical analysis of R2P; it addresses the research gap that exists with Kant's account of justice in states of nature; and it presents a more comprehensive understanding of the metaphysics of justice as well as R2P.
This book will be of much interest to students of the Responsibility to Protect, humanitarian intervention, global ethics, international law, security studies and international relations (IR) in general.
Heather M. Roff is Visiting Associate Professor at Josef Korbel School of International Studies at the University of Denver. She is also a Research Associate at the Eisenhower Center for Space and Strategic Studies with the US Air Force Academy.
Global Justice, Kant and the Responsibility to Protect
Series Editors:
Alex J. Bellamy
Griffith University
Sara E. Davies
Griffith University
Monica Serrano
The City University of New York
The aim of this book series is to gather the best new thinking about the Responsibility to Protect into a core set of volumes that provides a definitive account of the principle, its implementation, and its role in crises, that reflects a plurality of views and regional perspectives.
Global Politics and the Responsibility to Protect
From words to deeds
Alex J. Bellamy
The Responsibility to Protect
Norms, laws and international politics
Ramesh Thakur
Humanitarian Intervention and the Responsibility to Protect
Security and human rights
Cristina G. Badescu
Sri Lanka and the Responsibility to Protect
Politics, ethnicity, genocide
Damien Kingsbury
International Responsibility and Grave Humanitarian Crises
Collective provision for human security
Hannes Peltonen
Global Justice, Kant and the Responsibility to Protect
A provisional duty
Heather M. Roff
Global Justice, Kant and the Responsibility to Protect
A provisional duty
Heather M. Roff
Global Justice Kant and the Responsibility to Protect A Provisional Duty - image 1
First published 2013
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
Simultaneously published in the USA and Canada
by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
2013 Heather M. Roff
The right of Heather M. Roff to be identified as author of this work has been asserted by her in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.
All rights reserved. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.
Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.
British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library
Library of Congress Cataloging-in-Publication Data
Roff, Heather, 1980- Global justice, Kant and the responsibility to protect: a provisional duty /
Heather Roff.
pages cm. (Global politics and the responsibility to protect)
Includes bibliographical references and index.
1. Kant, Immanuel, 17241804Political and social views.
2. Responsibility to protect (International law) 3. Justice. I. Title.
JC181.R56 2013
320.011dc23 2013002614
ISBN: 978-0-415-66081-5 (hbk)
ISBN: 978-0-203-07383-4 (ebk)
Typeset in Times
by Wearset Ltd, Boldon, Tyne and Wear
Contents
Students and scholars of humanitarian intervention and the Responsibility to Protect (R2P) have had much to write about during recent decades. While many developments have been promising and suggest that there is hope that mass atrocities can be prevented, such atrocities have continued to occur with alarming regularity, many times with little or no response from the international community.
Like many writers on the subject, my own interest in humanitarian intervention was born out of a strong desire to see the international community take more decisive action to protect innocent people from mass atrocities. My work on the subject thus sought to reconcile the ethical and legal aspects of humanitarian intervention with the much more challenging and frustrating political or practical dimension. In short, there seems to be a modest consensus among scholars and analysts on when humanitarian intervention is thought to be morally and legally permissible. Yet there is very little consensus on how to go about convincing powerful actors to intervene in those cases where civilians are in urgent need of protection, yet abstain from doing so in those cases where such intervention would seemingly do more harm than good.
It is in this political dimension where the R2P doctrine holds much promise, yet its institutionalization at the 2005 United Nations World Summit sent profoundly mixed messages. On one hand, as originally envisaged in 2001, R2P seeks to institutionalize certain dutiesor a responsibilityto protect innocent people from mass atrocities. Yet UN member states interpreted this in 2005 as more of an option, or something discretionary, as opposed to a bona fde duty or responsibility. As a result, a vast majority of the extant literature on R2P falls into one of two camps: One suggesting that R2P is a revolutionary new norm of international society that has become internalized by states; and another that sees R2P as simply political rhetoric that permits the continued inconsistent and erratic practice of intervention at the discretion of the world's most powerful states.
Heather Roff 's important book, however, moves beyond this impasse, leveraging the tools of International Ethics to understand R2P as a moral and legal duty and theorizing the juridical institutions that are necessary to provide the practical implementation of this duty. Not content with the current state of affairs as they pertain to R2P, and motivated by a desire to make practical, workable prescriptions, Roff 's book is one of the few recent treatments of the subject that promises to truly break new groundsomething exceedingly diffcult to do given the staggering amount of scholarship on R2P and humanitarian intervention published during the past decade.
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