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Military Intervention Upon Invitation or with Consent of the State
Hruban, Jiří ; Faix, Martin (advisor) ; Balaš, Vladimír (referee)
IN ENGLISH THESIS TITLE: Military Intervention Upon Invitation or with Consent of the State ABSTRACT: The aim of this thesis is to (i) define reasonably general criteria for an intervention by invitation to be lawful, and (ii) analyze two recent cases of intervention by invitation. Based on an examination of state practice, legal documents and expert opinions, the theoretical part of the thesis concludes that only government can be allowed to invite intervention, and that the intervener's rights are defined by the intersection of what the invitation allows and what is allowed by other rules of international law. Even though the so-called effective control theory still significantly impacts both state practice and expert opinions, there is an apparent shift towards accounting for democratic legitimacy of the inviter, which often causes more harm than good in practice. In this part, the author also explains why only governments should be allowed to ask for intervention, and why broadening the group of possible inviters might destabilize international community. The practical part examines whether Russian interventions in Ukraine and Syria were justified by respective invitations. When the Ukrainian president Viktor Yanukovych invited Russia to intervene, he was already removed from power and forced...
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