Examining the Legality of Intervention by Invitation: A Critical Approach to Interventions in Mali, Ukraine, Syria and Yemen

Intervention by invitation is one of the most controversial practices that often takes place in internal crises. Governments debilitated by internal armed conflicts, resort to inviting their allies in order to reconsolidate their lost power and reassemble their territorial control. The validity of t...

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Main Author: Majid Nikouei
Format: Article
Language:fas
Published: Allameh Tabataba'i University Press 2017-05-01
Series:Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
Subjects:
Online Access:https://qjpl.atu.ac.ir/article_7435_fec14e74b27381bde7c6629dfb833512.pdf
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author Majid Nikouei
Majid Nikouei
author_facet Majid Nikouei
Majid Nikouei
author_sort Majid Nikouei
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description Intervention by invitation is one of the most controversial practices that often takes place in internal crises. Governments debilitated by internal armed conflicts, resort to inviting their allies in order to reconsolidate their lost power and reassemble their territorial control. The validity of this invitation, however, has been a bone of contention. In this regard, ‘Effective control’ and ‘democratic legitimacy’ are the two established tests for examining such validity. The traditional standard of effective control suggests that the host government shall be able to exercise a minimum degree of control over its territory. On the other hand, the democratic legitimacy criterion, puts an emphasis on the origins of power. This means that, despite the significant losses of territorial control, the invitation of a democratic government must still be considered as valid. Also, in practice intervention upon invitation bears a close proximity to the legal issues associated with ‘collective self-defense’. With a view to these issues, this article critically analyses the practice of international community surrounding the practice of intervention by invitation.
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spelling doaj.art-b7b8cbadd11145d68e45af51d6774b752024-01-10T10:50:37ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī2345-61162476-62162017-05-01185428931710.22054/qjpl.2017.74357435Examining the Legality of Intervention by Invitation: A Critical Approach to Interventions in Mali, Ukraine, Syria and YemenMajid Nikouei0Majid Nikouei1Islamic Azad University of NajafabadShahid Beheshti UniversityIntervention by invitation is one of the most controversial practices that often takes place in internal crises. Governments debilitated by internal armed conflicts, resort to inviting their allies in order to reconsolidate their lost power and reassemble their territorial control. The validity of this invitation, however, has been a bone of contention. In this regard, ‘Effective control’ and ‘democratic legitimacy’ are the two established tests for examining such validity. The traditional standard of effective control suggests that the host government shall be able to exercise a minimum degree of control over its territory. On the other hand, the democratic legitimacy criterion, puts an emphasis on the origins of power. This means that, despite the significant losses of territorial control, the invitation of a democratic government must still be considered as valid. Also, in practice intervention upon invitation bears a close proximity to the legal issues associated with ‘collective self-defense’. With a view to these issues, this article critically analyses the practice of international community surrounding the practice of intervention by invitation.https://qjpl.atu.ac.ir/article_7435_fec14e74b27381bde7c6629dfb833512.pdfintervention by invitationeffective/de facto controlpopular/democratic legitimacycollective self-defenseuse of force
spellingShingle Majid Nikouei
Majid Nikouei
Examining the Legality of Intervention by Invitation: A Critical Approach to Interventions in Mali, Ukraine, Syria and Yemen
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
intervention by invitation
effective/de facto control
popular/democratic legitimacy
collective self-defense
use of force
title Examining the Legality of Intervention by Invitation: A Critical Approach to Interventions in Mali, Ukraine, Syria and Yemen
title_full Examining the Legality of Intervention by Invitation: A Critical Approach to Interventions in Mali, Ukraine, Syria and Yemen
title_fullStr Examining the Legality of Intervention by Invitation: A Critical Approach to Interventions in Mali, Ukraine, Syria and Yemen
title_full_unstemmed Examining the Legality of Intervention by Invitation: A Critical Approach to Interventions in Mali, Ukraine, Syria and Yemen
title_short Examining the Legality of Intervention by Invitation: A Critical Approach to Interventions in Mali, Ukraine, Syria and Yemen
title_sort examining the legality of intervention by invitation a critical approach to interventions in mali ukraine syria and yemen
topic intervention by invitation
effective/de facto control
popular/democratic legitimacy
collective self-defense
use of force
url https://qjpl.atu.ac.ir/article_7435_fec14e74b27381bde7c6629dfb833512.pdf
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