{"title":"International Authority, the Responsibility to Protect and the Culture of the International Executive","authors":"Jacqueline Mowbray","doi":"10.1093/LRIL/LRT004","DOIUrl":null,"url":null,"abstract":"In her book, 'International Authority and the Responsibility to Protect,' Anne Orford compellingly demonstrates how the doctrine of responsibility to protect can be seen as providing a normative foundation for international authority already exercised through 'pre-existing practices of protection' on the part of the international executive. She does so through a close historical analysis of practice on the part of the UN, and particularly the work of Secretary General Dag Hammarskjold. In doing so, she positions Hammarskjold as the 'founding father' of international executive action, and treats the expansion of international authority justified by reference to protection largely as a result of the implementation of Hammarskjold’s vision for the development of international executive rule. Focusing on Hammarskjold in this way provides the basis for an illuminating and coherent narrative of the development of the responsibility to protect concept. However, it also obscures questions of the social and institutional context within which Hammarskjold’s ideas took effect. Quite evidently, it was not Hammarskjold alone, but a whole bureaucratic machinery which performed the ‘protracted process’ of consolidating international executive power by reference to the concept of protection. But this social history of the responsibility to protect is largely missing from Orford’s narrative. As a result, Orford’s account of the ‘pre-existing…practices of protection,’ which responsibility to protect emerged to justify, is only partial, and leaves critical questions – such as the nature of those exercising international authority – unanswered. In this piece I therefore argue that Orford’s consideration of the political philosophy and intellectual history of the responsibility to protect needs to be supplemented by greater attention to its sociology, through an analysis of how practices of international executive action to 'protect life' developed through the institutional life – or 'culture' – of international bodies. Such an analysis not only offers a more complete picture of the consolidation of international executive authority based on protection, but also provides a basis for understanding how the responsibility to protect concept might affect the future practices of international institutions exercising executive power.","PeriodicalId":375754,"journal":{"name":"Public International Law eJournal","volume":"6 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2013-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"3","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Public International Law eJournal","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/LRIL/LRT004","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 3
Abstract
In her book, 'International Authority and the Responsibility to Protect,' Anne Orford compellingly demonstrates how the doctrine of responsibility to protect can be seen as providing a normative foundation for international authority already exercised through 'pre-existing practices of protection' on the part of the international executive. She does so through a close historical analysis of practice on the part of the UN, and particularly the work of Secretary General Dag Hammarskjold. In doing so, she positions Hammarskjold as the 'founding father' of international executive action, and treats the expansion of international authority justified by reference to protection largely as a result of the implementation of Hammarskjold’s vision for the development of international executive rule. Focusing on Hammarskjold in this way provides the basis for an illuminating and coherent narrative of the development of the responsibility to protect concept. However, it also obscures questions of the social and institutional context within which Hammarskjold’s ideas took effect. Quite evidently, it was not Hammarskjold alone, but a whole bureaucratic machinery which performed the ‘protracted process’ of consolidating international executive power by reference to the concept of protection. But this social history of the responsibility to protect is largely missing from Orford’s narrative. As a result, Orford’s account of the ‘pre-existing…practices of protection,’ which responsibility to protect emerged to justify, is only partial, and leaves critical questions – such as the nature of those exercising international authority – unanswered. In this piece I therefore argue that Orford’s consideration of the political philosophy and intellectual history of the responsibility to protect needs to be supplemented by greater attention to its sociology, through an analysis of how practices of international executive action to 'protect life' developed through the institutional life – or 'culture' – of international bodies. Such an analysis not only offers a more complete picture of the consolidation of international executive authority based on protection, but also provides a basis for understanding how the responsibility to protect concept might affect the future practices of international institutions exercising executive power.
安妮•奥福德(Anne Orford)在她的著作《国际权威和保护责任》(International Authority and the Responsibility to Protect)中有力地论证了保护责任的原则如何可以被视为为国际权威提供了一个规范性基础,而国际权威已经通过国际执行机构的“预先存在的保护实践”得以行使。她通过对联合国的实践,特别是对秘书长达格·哈马舍尔德的工作进行了细致的历史分析。在这样做的过程中,她将哈马舍尔德定位为国际行政行为的“奠基人”,并将国际权威的扩张在很大程度上归因于哈马舍尔德对国际行政规则发展的愿景的实施。以这种方式关注哈马舍尔德为保护责任概念的发展提供了启发性和连贯叙述的基础。然而,它也模糊了哈马舍尔德的思想产生影响的社会和制度背景的问题。很明显,不仅仅是哈马舍尔德一个人,而是整个官僚机构,通过提及保护概念来执行巩固国际行政权力的“漫长过程”。但是这种保护责任的社会历史在奥福德的叙述中基本上是缺失的。因此,奥福德对“预先存在的……保护实践”的描述,即保护责任的出现是为了证明其合理性,只是部分的,并留下了一些关键问题——比如那些行使国际权威的人的性质——没有得到回答。因此,在这篇文章中,我认为,奥福德对保护责任的政治哲学和思想史的考虑需要得到对其社会学的更多关注的补充,通过分析国际机构的制度生活或“文化”如何发展国际行政行动的实践来“保护生命”。这种分析不仅提供了以保护为基础的国际行政权力巩固的更全面的情况,而且还为了解保护责任概念如何影响行使行政权力的国际机构的未来做法提供了基础。