A Principled Approach to State Failure: International Community Actions in Emergency Situations

Front Cover
BRILL, 2010 - Law - 198 pages
0 Reviews
This book is the first legal study of state failure in international law. Building on a comprehensive analysis of the phenomenon, Dr. Giorgetti provides a definition of state failure that informs her study of how international actors may operate in situations of emergencies occurring in failed and failing states. The book specifically focuses on actions taken in health, environmental and human rights emergencies to provide generally applicable conclusions. Indeed, the Principles for Action distilled in the final chapter will provide concrete instruments to the international community to act in emergency situations and will prove to be an important contribution to the development of international law.
 

What people are saying - Write a review

We haven't found any reviews in the usual places.

Contents

Chapter One An Emerging Problem in International Law
1
2 Increased InterIndependence Between States
4
3 Certain States Cannot Operate in the New System
6
Chapter Two The International Community has Acted on Behalf of States in the Past
9
1 States Under Protection and Trucial Principalities
10
2 Occupied Territories
11
3 Mandate Trusteeships Arrangements and other Mechanisms from the Colonial Heritage
12
4 International Territories Administered by the United Nations
14
Epidemic and Pandemic Alert Response
93
The Polio Eradication Campaign
101
Interventions in Situations of Humanitarian Crises
105
4 Conclusion
107
Chapter Six Environmental Emergencies in Failed States
111
2 The Overall Framework Given by General Principles of International Environmental Law Applicable to Emergencies Situations
116
21 The Duty of Cooperation
117
22 The Duty Not to Cause Transboundary Environmental Harm
121

41 The United Nations Interim Administration of Kosovo
15
42 The United Nations Transitional Authority in East Timor
17
5 Development Programs and Humanitarian Assistance
18
6 Conclusion
21
The Role of the International Community in Somalia Demonstrates the Inadequacy of the System to Deal with State Failure
23
The United Nations as Caretaker for Obligations of Somalia Benefiting the International Community in General
30
2 The Safety of Territorial Borders and the Fight Against Piracy in Somali Waters
32
The UN as a Guarantor of National Standards for the Continuation of Bilateral Commercial Relations
36
4 Economic and Business Relations
38
5 Diplomatic and Representative Functions
39
Chapter Four What is State Failure? The Inadequacy of Existing Legal Techniques to Deal with Failed States
43
1 State Failure as Unfulfilled Social Contract
47
2 The Problem of Statehood Easy to Give not to Take Away
52
22 Statehood is not Altered by Changes to the Constitutive Elements of a State
53
221 Permanent Population
54
222 A Defined Territory
56
223 A Government
59
224 Capacity to Enter into Relations with other States
62
3 Conclusion
65
Chapter Five Responding to Public Health Emergencies in Failed States
71
2 Health Systems in Failing States
76
3 International Effort to Confront Global Health Emergencies
79
31 The Framework Established by the International Health Regulations
83
The Approval of New International Health Regulations
88
23 The Importance of These Principles
126
3 Specific Treatybased Provisions Relating to Crossboundary Environmental Emergencies
127
31 The Duty of Notification of Emergency Situations
128
32 Obligation to Prepare Contingency Plans
136
33 The Obligation to Provide Assistance on Demand
139
34 Unilateral Intervention in the Event of an Accident
142
35 Conclusion
147
4 The Role of the United Nations in Environmental Emergencies
148
5 Conclusions
151
Chapter Seven United Nations Actions and the Use of Military Force to Provide Assistance to Domestic Populations in Failed States
153
11 The United Nations Office for the Coordination of Humanitarian Affairs
154
12 The World Food Program
158
13 The United Nations Children Fund
160
2 The Use of Force to Address Humanitarian Emergencies as a Threat to Global Security
163
21 Inclusive Actions to Protect Populations in Need Conducted Under the Delegation of Chapter VII Powers by the Security Council
166
22 Unilateral Interventions to Stop Gross Human Rights Abuses
172
3 Conclusion
176
A Set of Principles to Approach State Failure
179
1 Principles for Action in Failed States
182
2 These Principles Do Not Violate the Sovereignty of Failing States and Th ey Do not Represent Intervention in the Internal Affairs of a State
185
3 The International Responsibility of Failing and Failed States Should not be Engaged
188
Index
193
Copyright

Common terms and phrases

About the author (2010)

Chiara Giorgetti, JSD (2009, Yale), LLM (2002, Yale), MS c (1995, LSE) is an international attorney with White & Case, LLP in Washington D.C. and an Adjunct Professor of Law at Georgetown Law Center. Her interests and practice focus on sovereignty, transitional justice and international dispute resolution.

Bibliographic information