Explaining Liberal Aggression: The International Community and Threat Perception

2010 ◽  
Vol 12 (4) ◽  
pp. 413-436
Author(s):  
Russell Buchan

AbstractIn this article I intend to uncover the ideological factors that sustain the international community’s campaign for liberal development. I argue that this is because the international community perceives non-liberal states to be a threat to their liberal peace. I submit that the international community perceives non-liberal states to be a threat because non-liberal governments are considered to be in a state of aggression with their own people. This is based upon the belief by the international community that liberal democracy represents a universally desired system of governance. To this end, the population agitate against the non-liberal regime, campaigning for liberal reform, seeking to realise their liberal desires, which thus creates a state of aggression between the ruler and the ruled. Considering that liberal states regard domestic conduct to be the primary indicator of likely international conduct, the international community perceives non-liberal states to be likely aggressive international actors. Thus, for the international community the only way that they can avert the threat posed by non-liberal states is by subjecting them to liberal reform. In the final section of this article I will reveal how the international community determines which non-liberal states should be prioritised for liberal reformation.

Author(s):  
Nolte Georg ◽  
Barkholdt Janina

This contribution discusses the intervention by the Soviet Union in Afghanistan (1979-1980). After recalling the facts and the context of this intervention, it sets out the legal positions of the main protagonists (the Soviet Union and Afghanistan) and examines the reaction of the international community of States. It then analyses the different grounds invoked by the Soviet Union as justification for the lawfulness of its intervention focusing on the claim of an intervention by invitation. In the final section it is argued that the negative reaction of a large majority of states to the justifications offered by the Soviet Union have led to a confirmation and clarification of the applicable law.


Author(s):  
Weller Marc

This contribution discusses the Iraq War of 2003. It begins by setting out the facts and context of the US and British invasion. It then considers the legal justifications put forward by the intervening states and assesses the reaction of the international community to these events. It then tests the legality of the intervention against the international legal framework governing the use of force as it stood at the time of the events. In particular it considers whether UNSC Resolution 1441 provided a legal basis for the use of force against Iraq. The final section examines if, and to what extent, the case had an impact on the further development of the jus ad bellum. The Iraq War of 2003 did indeed have an effect on the erosion of the prohibition of the use of force, however it was a cumulative effect, rather than an immediate and decisive one.


2007 ◽  
Vol 38 (2) ◽  
pp. 175
Author(s):  
Craig Forcese

Several recent UN Security Council antiterrorism resolutions amount to legislation for the international community. The Security Council's new approach raises real predicaments for those states that, in their domestic system of government, are democracies. Not least, the Council risks disturbing the carefully balanced features of liberal democracy, including the very separation of powers on which functioning democracies are built. The article that follows explores this contention, with a particular focus on the implications of Security Council action for Canadian democracy. It concludes that the Security Council's legislative phase creates a new species of international/domestic legal interface, perhaps best described as "hegemonic federalism" – that is, a system in which the Security Council asserts plenary lawproject authority over the Canadian federal executive, which in turn responds with direct implementation of the international resolution or strongly encourages (and in majority Parliaments likely ensures) compliance by Parliament.


Author(s):  
Trapp Kimberley N

This contribution examines the armed Turkish intervention (against the Kurdish Workers’ Party (PKK)) in northern Iraq in late 2007/2008. The chapter sets out the context of the armed intervention by Turkey, including a brief account of the broader conflict between Turkey and the PKK, before recalling in some detail the facts of the 2007/2008 intervention. The second section further explores the positions of the main protagonists (Turkey, Iraq and the US) and the rather muted reactions of the broader international community, by way of situating the discussion regarding the legality of the intervention. The final section examines the precedential value of the intervention insofar as defensive force against non-state actors is concerned.


2014 ◽  
Vol 51 ◽  
pp. 5-33 ◽  
Author(s):  
İlkim Özdikmenli ◽  
Şevket Ovalı

AbstractThis article argues that it is fallacious to promote the Turkish democratic experience under the Justice and Development Party (Adalet ve Kalkınma Partisi, AKP) as a model for the emerging Arab democracies. Despite the early political reformism of the AKP, an empirical analysis of the government’s recent crackdown on basic rights and freedoms demonstrates that the “Turkish model,” defined as a marriage of Islam and liberal democracy, cannot respond to the demands of Arab reformers. In this regard, the article falls into three sections. In the first section, assets of the “Turkish model” according to various actors are examined, which casts doubt on the emancipatory discourse underlying the promotion of the model. The second section proposes the term “leader democracy”—or, more specifically, “Erdoğanism”—as a way of denoting the governmental structure of Turkey as of early 2014. The final section depicts the current Turkish democracy in terms of the state of checks and balances and of basic political and social rights.


Author(s):  
Dominic O'Sullivan

The book’s opening chapter described reconciliation as a theoretical framework from which contemporary indigenous politics is played out across Australia, Fiji and New Zealand; jurisdictions with marked contextual differences, but sharing a need for ordered and relationally just terms of association among indigenous peoples, the state and wider societies as they respond to British colonial legacies. While grounded in Christian public theology, reconciliation transcends the notion of a sacramental relationship between God and penitent involving sorrow, forgiveness and correcting broken relationships, to provide a metaphor for just intra-national relationships. Religious discourses of reconciliation have influenced secular indigenous politics in each jurisdiction. They help to rationalise the politics of indigeneity’s juxtaposition with liberal democracy to position differentiated citizenship as a legitimate constituent of the liberal political arrangements that prevail in Australia and New Zealand and that the international community seeks to impose on Fiji....


Author(s):  
Kretzmer David

This chapter discusses the targeted killing by the US of Osama bin Laden in Pakistan and of Anwar al Awlaki in Yemen, and the capture of Ahmed Abu Kattalah in Libya. It presents the facts and context of the actions, the legal position of the US and other protagonists and reactions in the international community. It proceeds to discuss the arguments for and against the legality of these extra-territorial actions by the US under law regarding use of force (but not under ius in bello). In the final section it is argued that rather than having precedential value the actions and reactions in these cases serve to emphasize the wide gap that exists in the different perceptions of states and scholars regarding the law on the extra-territorial use of force against terrorist groups or other groups of non-state actors.


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