En policy-analyse af R2P - fra politik til juridisk praksis: A policy analysis of R2P - from politics to legal practice

Helle Baadsgaard Mortensen & Silke Kousgaard Melbye-Hansen

Studenteropgave: Semesterprojekt

Abstrakt

This project will be structured as a policy analysis of the UN's R2P doctrine based and its possibilities of being institutionalized as legal practice. This includes how norms and power capabilities have affected the process and interact with each other continuously. The project investigates the problem by using the English school and institutional theory, supported by relevant empirical data. We conclude that the pluralistic standard still has a strong presence, especially seen in the Security Council’s power of veto, which they can use in case they hold interests in the state that the UN wants to intervene. However, the solidarist standard is also strongly represented, just by the fact that the R2P doctrine has been introduced. The standards are incompatible, and this is a barrier to the legal institutionalization of R2P and make an inconsistent use of R2P more likely. R2P appears more as a declaration of intention and is therefore only normative and cognitive institutionalized, why the regulative institutionalization only can be considered, when the doctrine has become customary, which means is used consistently over such a long period that it is regarded as legally binding.

UddannelserBasis - Samfundsvidenskabelig Bacheloruddannelse, (Bachelor uddannelse) Basis
SprogDansk
Udgivelsesdato27 jan. 2014
VejlederePeter Aagaard

Emneord

  • R2P
  • institution
  • legal practice
  • policy implementation
  • english school
  • UN
  • intervention