International Law and the Principle of Non-Intervention - History, Theory, and Interactions with Other Principles

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 which has haunted generations of international lawyers. The present book solves this enigma 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 3 and 4 focus on theory and identify what coercion of state means, what forms of coercion (armed, economic, political) can constitute an unlawful intervention, and the role played by consent in this context. Chapters 5, 6, and 7 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 8 investigates whether and when cyber operations can constitute an unlawful intervention in the domestic affairs of other states