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12 July 2024

BOOK: Marco ROSCINI, International Law and the Principle of Non-Intervention: History, Theory and Interactions with Other Principles (Oxford: Oxford University Press, 2024), ISBN 9780191829031

 

(image source: Oxford Academic)

Abstract:

The principle of non-intervention in the domestic affairs of states is one of the most venerable principles of international law but the determination of its exact content has remained an enigma that has haunted generations of international lawyers. This book solves this problem and identifies what the principle of non-intervention specifically prohibits, and what it does not. The principle in question is strictly linked to some fundamental notions of international law, such as sovereignty, use of force, and self-determination: its study, therefore, is of great significance as it offers a fascinating opportunity to explore the macrostructures of international law. Through a comprehensive survey of primary documents, as well as through an extensive evaluation of state practice and literature search, the book provides a systematic and coherent analysis of the principle of non-intervention. The first two chapters tell the story of the principle of non-intervention throughout the centuries up to the present day. Chapters III and IV focus on theory and identify what coercion of state means, what forms of coercion (armed, economic, political subversive) can constitute an unlawful intervention, and the role played by consent in this context. Chapters V, VI, and VII explore the interactions of the principle of non-intervention with other fundamental principles of contemporary international law, namely the principle of internal and external self-determination and the respect for international human rights law and international humanitarian law. Finally, Chapter VIII investigates whether and when cyber operations can constitute an unlawful intervention in the domestic affairs of other states.

 Read more here: DOI 10.1093/oso/9780198786894.001.0001.

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