The Responsibility to Protect and International

Bellamy, Alex J. and Reike, Ruben (2010) The Responsibility to Protect and International. Global Responsibility to Protect, 2 3: 267-286. doi:10.1163/187598410X500390

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Author Bellamy, Alex J.
Reike, Ruben
Title The Responsibility to Protect and International
Journal name Global Responsibility to Protect   Check publisher's open access policy
ISSN 1875-9858
1875-984X
Publication date 2010-01-01
Sub-type Article (original research)
DOI 10.1163/187598410X500390
Volume 2
Issue 3
Start page 267
End page 286
Total pages 20
Place of publication Leiden, Netherlands
Publisher Brill Nijhoff
Language eng
Abstract The article evaluates the relationship between the Responsibility to Protect (RtoP) principle and international law. We argue that although the principle is best understood as a political commitment to implement already existing legal commitments, the RtoP is not devoid of legal content as some of its critics claim. The principle contains two sets of legal responsibilities. The first – responsibilities owed by a state towards its own population – are well-established customary principles in international law. The second – responsibilities owed by states to populations in other states – are much less well established. We argue that although RtoP does not in itself create new legal duties, states already have international legal responsibilities that relate directly to the principle's second pillar. Moreover, we identify the emergence of nascent legal thinking which suggests that a wider set of legal duties might emerge in the future.
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status Non-UQ

Document type: Journal Article
Sub-type: Article (original research)
Collection: School of Political Science and International Studies Publications
 
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Created: Tue, 11 Nov 2014, 23:34:47 EST by Anthony Yeates on behalf of School of Political Science & Internat'l Studies