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The Meaning and Significance in International Law of Non-Inter(ference/vention)

Webb, Tristan (2022) The Meaning and Significance in International Law of Non-Inter(ference/vention). Doctor of Philosophy (PhD) thesis, University of Kent,. (doi:10.22024/UniKent/01.02.97041) (KAR id:97041)


The purpose of this study is to provide an orthodox answer to the question: 'what is the meaning and significance in international law of the principle of non-inter(ference/vention)?' The study breaks that question down into the following more specific questions: what is the difference, if any, between interference and intervention? What defines a prohibited inter(ference/vention)? Is the principle binding? To whom or what does it apply? What is the 'purpose' or 'end' associated with the principle? What other principles is it associated with?

The study's response to those questions is divided into seven chapters, two of which are the Introduction (Chapter I) and Conclusion (Chapter VII). The five remaining chapters each focus on a separate source of knowledge of international law: treaties (Chapter II), custom (Chapter III), 'general principles of law recognized by civilized nations' (Chapter IV), decisions of the ICJ (Chapter V), and teachings of the most qualified publicists of the UKGBNI (Chapter VI). Each chapter is structured by nine parts: an introduction which situates the chapter within the literature (Parts 1); an account of the materials studied (Parts 2); an account of the methods used for studying those materials (Parts 3); three specific findings from the application of that method to those materials in relation to the thesis questions (Parts 4, 5, and 6, being each chapter's most substantive parts); a case-study with regards to the UKGBNI (Parts 7); an evaluation of the study conducted in each chapter (Parts 8), and finally the conclusions that can be drawn from the chapter regarding the thesis question (Parts 9).

The study concludes that two false premises have been prevalent in the literature with which it engaged: the first is that there is a difference in law between interference and intervention; the second is that coercion defines what is prohibited by the principle. Instead, the study shows that there presently appears no possible distinction between interference and intervention, and that the principle is better understood in terms of consent than coercion. In addition, the study concludes that the principle (and the principles with which it is inherently associated in international law) is significantly more important for the rule of law, peace, co-operation, and human rights than is currently presented in the literature.

Item Type: Thesis (Doctor of Philosophy (PhD))
Thesis advisor: Grief, Nick
Thesis advisor: Kendall, Sara
Thesis advisor: Arai, Yutaka
DOI/Identification number: 10.22024/UniKent/01.02.97041
Uncontrolled keywords: international law, non-interference, non-intervention, UKGBNI, UN Charter, Friendly Relations Declaration, Nicaragua, International Court of Justice, Treaty Law, Customary International Law, General Principles of Law
Subjects: K Law
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
SWORD Depositor: System Moodle
Depositing User: System Moodle
Date Deposited: 21 Sep 2022 11:10 UTC
Last Modified: 22 Sep 2022 16:47 UTC
Resource URI: (The current URI for this page, for reference purposes)

University of Kent Author Information

Webb, Tristan.

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