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R2P: An Inquiry into its Transformative Potential

from Part VIII - Concluding Observations

Published online by Cambridge University Press:  19 September 2018

Nicholas Tsagourias
Affiliation:
Professor of International Law at the University of Sheffield
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Summary

INTRODUCTION

In their contributions, the authors of this edited volume have examined different aspects of R2P and reflected on its normative, legal, institutional and operational dimensions. The chapters contain a range of views, some more critical than others. Yet the underlying theme that unifies the different contributions and is a central tenet of the book is the transformative potential of R2P. Something is transformative when it induces a change of beliefs; accordingly this volume has indeed opined that R2P has brought about a tectonic shift in the definition of sovereignty that has the potential of fundamentally changing the features and direction of the international order. To explain, by claiming that sovereignty entails responsibility towards populations, R2P recalibrates the relationship between states and their citizens, humanises sovereignty and, thus, departs from the traditional concept of sovereignty defined as control over people and territory. Moreover, by invoking the responsibility of the international community to protect when the state is unable or unwilling to do so it challenges another important aspect of the concept of sovereignty, the principle of non-intervention by legitimising or even legalising external intervention within a state. This aspect of the R2P impacts on certain fundamental international norms concerning the use of force in international affairs. Ona more general level, the transformative dimension of R2P lies in its projection of a cosmopolitan view of the international order based on universal values and solidarity. For these reasons, R2P has also been hailed as a ‘normative innovation’ or even more intemperately as ‘the most dramatic normative development of our time’.

In my concluding remarks, I will reflect on the ‘transformative’ label attached to R2P and query whether R2P is indeed a paradigm shifting invention. For this reason, it is important to examine, first, the normative trajectory within which R2P operates and, secondly, to consider any political, operational, or institutional challenges that may affect its authority and impact.

R2P'S NORMATIVE TRAJECTORY

By normative trajectory I mean three things: first, the normative sources of R2P; second, the normative formulation of R2P and, third, its normative implications.

Type
Chapter
Information
Beyond Responsibility to Protect
Generating Change in International Law
, pp. 435 - 448
Publisher: Intersentia
Print publication year: 2016

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