University of Surrey

Test tubes in the lab Research in the ATI Dance Research

Humanitarian Intervention after Syria

Sarvarian, A (2015) Humanitarian Intervention after Syria Legal Studies, 35 (3).

[img] Text
Humanitarian intervention after Syria - Manuscript - Accepted - Clean.docx - Accepted version Manuscript
Restricted to Repository staff only until 1 October 2017.
Available under License : See the attached licence file.

Download (100kB) | Request a copy
[img]
Preview
Text (licence)
SRI_deposit_agreement.pdf
Available under License : See the attached licence file.

Download (33kB) | Preview
[img] Text
Humanitarian intervention after Syria - Manuscript - Accepted - Clean.pdf - Accepted version Manuscript
Restricted to Repository staff only until 1 October 2017.

Download (458kB) | Request a copy

Abstract

This paper examines the legal status of humanitarian intervention in the aftermath of the abortive military operation in Syria. In tracing the history of the doctrine up to the beginning of the Syria crisis, it asserts that the negative reaction to the abortive use of force has reinforced the unlawfulness of humanitarian intervention. In appraising in detail the legal positions of the UK, USA, France and other States, it analyses the interplay of constitutional law and international law in the Syria crisis with reference to the role of consultations of national parliaments. It asserts that the Syrian precedent illustrates the difficulty of identifying the opinio iuris of a State in which the input of international law through legal advice and public debate affects the output of that State through the expression of its legal position on doctrinal questions. By scrutinising the approach of the UK Government in consulting the House of Commons in relation to the continuing operations against Islamic State in Iraq, it argues that the National Security Strategy review in 2015 should address the concerns expressed by parliamentary committees regarding consultation of Parliament, the provision of legal advice and the lawfulness of humanitarian intervention.

Item Type: Article
Divisions : Faculty of Arts and Social Sciences > School of Law
Authors :
AuthorsEmailORCID
Sarvarian, AUNSPECIFIEDUNSPECIFIED
Date : 1 October 2015
Additional Information : Copyright 2015 Wiley. This is the peer reviewed version of the following article: Sarvarian A 2015, which will be published in final form at http://onlinelibrary.wiley.com/journal/10.1111/(ISSN)1748-121X.
Depositing User : Symplectic Elements
Date Deposited : 12 Aug 2015 14:33
Last Modified : 18 Aug 2015 11:08
URI: http://epubs.surrey.ac.uk/id/eprint/808167

Actions (login required)

View Item View Item

Downloads

Downloads per month over past year


Information about this web site

© The University of Surrey, Guildford, Surrey, GU2 7XH, United Kingdom.
+44 (0)1483 300800