Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-8bhkd Total loading time: 0 Render date: 2024-11-08T02:54:24.395Z Has data issue: false hasContentIssue false

10 - Indirect Regime Change

A Response to Ius Cogens Violations?

from Part IV - Moderating External Influence on Transitional Governance

Published online by Cambridge University Press:  10 September 2020

Get access

Summary

Coercively inducing oppositional TG so as to trigger a regime change is in principle prohibited under international law. Does this hold true in the most extreme circumstances, i.e. when the incumbent power violates ius cogens? If states wish to halt gross and persistent breaches of ius cogens, they must exhaust the available multilateral fora and respond through collective non-recognition; multilateral cooperation; and peaceful settlement including by directly negotiating with the ius-cogens-violating regime committing these breaches. If these steps fail, international law does not fully rule out the possibility of inducing oppositional TG as a last resort measure. Checks and balances, both procedural and substantive, are then to become integral part of the unilateral and coercive inducement of oppositional TG. But the chances of impeccable lawfulness are quite low in light of the stringent procedures and conditions that apply, forming the basis for an obligation of strict moderation.

Type
Chapter
Information
State Renaissance for Peace
Transitional Governance under International Law
, pp. 337 - 368
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×