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"United Kingdom (UK), Syria"
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Interpreting the Syria vote: parliament and British foreign policy
2015
This article presents three distinct interpretations of how parliamentary war powers affect British foreign policy more generally, based on a detailed analysis of the debate preceding the vote in parliament in August 2013 on whether Britain should intervene in the Syrian civil war. The first interpretation treats parliament as a site for domestic role contestation. From this perspective, parliamentary war powers matter because they raise the significance of MPs' doubts about Britain's proper global 'role'. The second interpretation treats parliament as a forum for policy debate. There is nothing new about MPs discussing international initiatives. But now they do more than debate, they decide, at least where military action is involved. From this perspective, parliamentary war powers matter because they make British foreign policy more cautious and less consistent, even if they also make it more transparent and (potentially) more democratic in turn. The final interpretation treats parliament as an arena for political competition. From this perspective, parliamentary involvement exposes major foreign policy decisions to the vagaries of partisan politicking, a potent development in an era of weak or coalition governments, and a recipe for unpredictability. Together these developments made parliament's war powers highly significant, not just where military action is concerned, but for British foreign policy overall.
Journal Article
THE UK GOVERNMENT'S LEGAL OPINION ON FORCIBLE MEASURES IN RESPONSE TO THE USE OF CHEMICAL WEAPONS BY THE SYRIAN GOVERNMENT
2015
On 29 August 2013, the UK government published a memorandum setting out its 'position regarding the legality of military action in Syria following the chemical weapons attack in Eastern Damascus on 21 August 2013'. While other States had contemplated some form of military action, most notably the US, none had been as clear and candid as to the legal basis upon which this would be launched. It might seem in this respect perhaps a little surprising that the UK decided in its relatively brief opinion that 'the legal basis for military action would be humanitarian intervention'. As this article will attempt to highlight, this basic justification is far from uncontroversial. This short article will seek to be clear as to what the UK's legal position exactly was, whether and how this position can be reconciled with the lex lata governing the use of force for humanitarian purposes and its immediate impact upon it, and finally offer some reflections upon the contribution the opinion and its central legal argument has made to future legal argumentation in this area.
Journal Article