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Conclusion: After Failure

  • Aidan HehirEmail author
Chapter

Abstract

Summarise the book’s main arguments and focus on the relationship between norms and laws. I argue that while norms matter and exercise definite influence, research on norms also points to the need for certain issues to be regulated by positive law and an attendant legal system capable of enforcing compliance and punishing violations. Laws and norms co-exist, but the very fact that there are distinct laws, and legal systems orientated towards their enforcement, demonstrates that norms in themselves are often not sufficiently robust to guard against and punish certain proscribed acts. Laws, of course, evolve from norms, but the gravity of certain acts necessitates that the proscriptions against their committal are articulated as positive laws backed up by a judicial, as opposed to political or social, regulatory mechanisms. The four crimes in the World Summit Outcome Document are recognised as a threat to the very fabric of international politics and our common humanity. Preventing and halting these crimes, therefore, necessitates legal proscription; this already exists. What is required, therefore, is more robust judicial regulation and independent enforcement of existing laws.

References

  1. Adams, Simon. 2017. Statement by Dr. Simon Adams on Behalf of the Global Centre for the Responsibility to Protect at the 2017 UN General Assembly Informal Interactive Dialogue on the Responsibility to Protect, September 6. http://www.globalr2p.org/publications/550.
  2. Axworthy, Lloyd. 2016. Resetting the Narrative on Peace and Security. In The Oxford Handbook of the Responsibility to Protect, ed. Alex Bellamy and Tim Dunne. Oxford: Oxford University Press.Google Scholar
  3. Bellamy, Alex, and Tim Dunne. 2012. “Responsibility to Protect” on Trial—or Assad? Ethics and International Affairs, June 6. https://www.ethicsandinternationalaffairs.org/2012/responsibility-to-protect-on-trial-or-assad-3/.
  4. Bellamy, Alex, and Tim Dunne (eds.). 2016. R2P in Theory and Practice. In Oxford Handbook of the Responsibility to Protect. Oxford: Oxford University Press.Google Scholar
  5. Buskie, Alexandra. 2016. The Challenges of Engaging National Governments with R2P and Atrocity Prevention. UNAUK, May 16. https://www.una.org.uk/news/challenges-engaging-national-governments-r2p-and-atrocity-prevention.
  6. Calhoun, Craig. 2003. The Class Consciousness of Frequent Travelers: Towards a Critique of Actually existing Cosmopolitanism. In Debating Cosmopolitics, ed. Daniele Archibugi. London: Verso.Google Scholar
  7. Evans, Gareth. 2016a. Foreword. International Relations 30 (3): 259–261.CrossRefGoogle Scholar
  8. Evans, Gareth. 2016b. R2P: The Next Ten Years. In Oxford Handbook of the Responsibility to Protect, ed. Alex Bellamy and Tim Dunne. Oxford: Oxford University Press.Google Scholar
  9. Genser, Jared, and Irwin Cotler (eds.). 2011. The Responsibility to Protect: The Promise of Stopping Mass Atrocities in Our Time. Oxford: Oxford University Press.Google Scholar
  10. Hehir, Aidan. 2017. Utopian in the Right Sense: The Responsibility to Protect and the Logical Necessity of Reform. Ethics and International Affairs 33 (1): 335–355.CrossRefGoogle Scholar
  11. Hopgood, Stephen. 2013. The Endtimes of Human Rights. Ithaca: Cornell University Press.Google Scholar
  12. Keohane, Robert. 2002. Rational Choice Theory and International Law: Insights and Limitations. Journal of Legal Studies XXXI: 307–319.Google Scholar
  13. Mills, Kurt. 2018 [2017]. Will the World Ever be Interested in Stopping Atrocities? In Last Lectures on the Prevention and Intervention of Genocide, ed. Samuel Totten. London: Routledge.Google Scholar
  14. Niebuhr, Reinhold. 1986. The Children of Light and the Children of Darkness. In The Essential Reinhold Niebuhr, ed. Robert McAfee Brown. New Haven, CT: Yale University Press.Google Scholar
  15. Parks, Tina. 2017. Seven Reasons Why R2P Is Relevant Today. OpenCanada, August 3. https://www.opencanada.org/features/seven-reasons-why-r2p-relevant-today/.
  16. Qatar Tribune. 2017. Qatar Reiterates Commitment to Promote “Responsibility to Protect” at UN Meeting, September 8. http://www.qatar-tribune.com/news-details/id/84660.
  17. UN News Centre. 2017. Interview: Amid Increase Suffering Responsibility to Protect all the More Necessary, March 24. http://www.un.org/apps/news/story.asp?NewsID=56422#.WVOzq4jyvIU.

Copyright information

© The Author(s) 2019

Authors and Affiliations

  1. 1.Department of Politics and International RelationsUniversity of WestminsterLondonUK

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