Hopfe, Cathleen

English

University of Denver

Denver Journal of International Law & Policy Volume 26 Number 2 Winter Article 9 May 2020 Humanitatrian Intervention: The United Nations in an Evolving World Order Cathleen Hopfe Follow this and additional works at: https://digitalcommons.du.edu/djilp Recommended Citation Humanitatrian Intervention: The United Nations in an Evolving World Order, 26 Denv. J. Int'l L. & Pol'y 315 (1997). This Book Note is brought to you for free and open access by the University of Denver Sturm College of Law at Digital Commons @ DU. It has been accepted for inclusion in Denver Journal of International Law & Policy by an authorized editor of Digital Commons @ DU. For more information, please contact jennifer.cox@du.edu,dig-commons@du.edu. BOOK NOTESphy. The author concludes that while the two positions are related insome ways, they both express different ideas about the moral worldwhich should exist upon the elimination of pornography.With the theoretical frameworks explored, Potter presents a briefhistory of Australian pornography chapter five. Potter focuses on theAustralian video and magazine classification scheme to define exactlywhat an X-rated video is and how the classification came into being.From a legal standpoint, prior to 1945, there was no legislative concernabout pornography due to general censorship legislation which essen-tially covered all media. In a legal sense, the word pornography did notand still does not exist in the Federal legislation. What currently doesexist is an X-rating for video products which was developed in 1994which "officially" makes such videos unavailable in Australia.However, as Potter explains, the presence of "video nasties" in thecountry is recognized. The availability of print and video pornographyin Australia is quite open. Potter takes the opportunity in chapter sixto examine the conduct as opposed to the content of this industry.Chapters seven through nine are data-related chapters which takea look at the individual. While choosing to focus on a "structural"rather than "individual" approach, the author submits statistical datato support his conceptual hypothesis. Potter feels strongly about struc-tural approaches to the study of social behavior because "in the end,however, the individuals do not matter, only the social structure."Potter's concluding remarks assert that neither pornography norsexuality is the issue asserted. Rather, the real issue is the need for so-cial groups to separate themselves from each other. It comes down tothe various social groups' inability to believe in their own "moral supe-riority" that leads to heated battles on issues of pornography. Stereo-typing, a necessary human activity, is eventually what this book isabout. The author is interested in how groups of individuals proclaimtheir positions on issues such as pornography, homosexuality, gun con-trol, pedophilia, abortion, or any other issue of social contention andthen seek to have others accept that group's position as the best posi-tion.Overall, the author provides an interesting viewpoint on how socialgroups use various controversial issues (in this case pornography) as amajor symbol to try and impose their version of proper morals on oth-ers. The examination of the Australian system of dealing with pornog-raphy issues is interesting in providing a framework for Potter's "biggerpicture" regarding the true issues involved.Jeffrey N. HolappaSEAN D. MURPHY, HUMANITARIAN INTERVENTION: THEUNITED NATIONS IN AN EVOLVING WORLD ORDER,University of Pennsylvania Press; Philadelphia (1996); ISBN 0-1998DENV. J. INT'L L. & POL'Y81223-382-4; 427 pp. (hardcover).In a comprehensive study of humanitarian intervention and itsrelevance to the United Nations, author Sean D. Murphy has providedrare scholarship. HUMANITARIAN INTERVENTION: THE UNITED NATIONSINAN EVOLVING WORLD ORDER may, indeed, be the only work of its kindon a subject of ever more political, legal and ethical importance. Assuch, this monograph is an invaluable and timely contribution to thecontemporary polemics of humanitarian intervention - particularly inlight of the recent horrors of Rawanda and Bosnia-Herzegovina, and theawakening of the international community to seek and demand solu-tions to mitigate human suffering caused by corrupt or ineffectual gov-ernments. Edited by Burns H. Weston, the book is the twenty-first vol-ume in the Procedural Aspects of International Law Series. This serieshas been devoted to diverse areas of international legal studies by highprofile scholars for over thirty years. HUMANITARIAN INTERVENTION isa fine addition to this body of work.The author begins this study with an analysis of what "humani-tarian intervention" could mean, and the problem of the broad ambigu-ity of the term as it has historically been understood and applied. Hethen constructs a working definition, attempting to identify the generalcontours of the issue: "humanitarian intervention is the threat or use offorce by a state, group of states, or international organization primarilyfor the purpose of protecting the nationals of the target state from wide-spread deprivations of internationally recognized human rights." Eachelement of this statement is then briefly analyzed, supporting a dis-crete, well-articulated and theoretically satisfying definition whichserves as the nucleus of the work.Once the working definition is established, Murphy briefly assessesthe concept of humanitarian intervention vis-a-vis the matrices of in-ternational law, moral philosophy and political theory. This is helpfulto the study, demonstrating the need to be wary of the conceptual dy-namics by which humanitarian endeavors must be justified. Theauthor then outlines the methodology of his study. Although all tradi-tional sources of international law are tapped, Murphy puts noteworthyemphasis on Michael Reisman's "incidents" genre, finding it particu-larly appropriate for the study of the infrequent occurrences of humani-tarian intervention. Indeed, an entire chapter is structured by thismethodology whereby Murphy simply states the essential facts of sixrecent international incidents, and then assesses the actual impact ofthe intervention.In addition to recent acts of humanitarian intervention, the historyof its use is carefully traced. Murphy begins with ancient legal tradi-tions (principally Greco-Roman), and carries the concept of humanitar-ian intervention through medieval Christian Europe, and up to the ad-vent of the nation-state (the works of Grotius and Vattel). Further316 VOL. 26:2BOOK NOTESnineteenth- and twentieth-century history of the concept is evaluatedin terms of the growth of positive law and European intervention,leading to the effect on humanitarian intervention of the Covenant ofthe League of Nations and the Kellogg-Briand Pact. Then the U.N.Charter itself is examined for the critical elements relating to humanrights and use of force. Finally, Cold-War interventions are evaluatedchronologically, and related developments to the U.N. during that pe-riod are similarly considered.Once brought current on the status of humanitarian intervention,the reader is provided with a thorough articulation and analysis of thecritical issues of the day. For example, Murphy dedicates an entirechapter to the problem of unilateral humanitarian intervention. Herehe examines rules-oriented, policy-oriented and philosophy-oriented ap-proaches to the problem. Murphy then concludes with an evaluation ofthe criteria typically formulated by scholars to regulate the use of uni-lateral intervention in the event the U.N. Security Council is unable toact as an authority on the issue. He finds such definitive approachesincompatible with the nature of humanitarian intervention which mustbe accommodated to varied and unpredictable situations.The critical issue of this work is the UN's current role in settingstandards and regulating humanitarian intervention. On this, Murphyexamines the Security Counsel's new role and the role of other U.N. or-gans, as well as regional arrangements under the U.N. Charter.Moreover, the means, limitations and difficulties encountered with U.N.intervention is evaluated. Murphy concludes with suggestions for im-proving the efficacy of U.N. intervention. He emphasizes that policy-makers must: take threats to peace seriously; pursue ad hoc but princi-pled action; clearly identify the type and severity of human rightsdeprivation; enhance the power of the Secretary-General and special-ized agencies; and ultimately, find ways to deter human rights abuses apriori. These, Murphy finds, are all shortcomings in the current stateof affairs with respect to U.N. humanitarian intervention.In addition to the rich scholarship on the issue of humanitarian in-tervention and the U.N., international law scholars will be quite happywith Murphy's Bibliography and Appendix of U.N. Documents. TheBibliography is neatly outlined topically, as well as by type of source.One section is even outlined sub-topically by geographical source. TheAppendix of U.N. Documents is similarly structured to mitigate some ofthe arduousness of evaluating U.N. Security Resolutions in terms oftheir applicability to humanitarian endeavors and to specific countries.Moreover, the source quality is extremely high, tapping the most cur-rent publications, as well as the most renown scholars. HumanitarianIntervention will prove to be a great resource to students and policy-makers alike.Cathleen Hopfe1998

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