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This chapter is concerned with court orders made prior to final judgment, and with enforcement of final judgments. These are matters of civil procedure. They do not deal with final determinations of rights and are not remedies in the technical sense. Rather, they protect the ability of the court to award remedies.
First, if there is a dispute over certain subject matter, it is important that the subject matter of the dispute be maintained until the court can adjudicate the dispute. This is where interlocutory remedies and pre-judgment remedies are relevant. These remedies are awarded before the court makes a final determination of the proceedings and are generally intended to maintain the status quo pending the decision. Such remedies include interlocutory injunctions, which restrain or compel a person to do a particular thing. There are other pre-judgment remedies, such as freezing orders and search orders, which prevent the defendant from removing property from the jurisdiction or from destroying evidence before proceedings can be brought. These ensure that proceedings are not nugatory.
Secondly, after final judgment has been handed down, there must be a means of ensuring that the judgment debtor does what the court has ordered; otherwise the judgment lacks ‘teeth’. Courts have coercive mechanisms which ensure that a defendant complies with an order to pay damages or an order of specific relief.
In its 1999 intervention in Kosovo, NATO was criticized heavily for its reliance solely on bombing from high altitude. In this chapter, the author defends with what he calls the Restrictive View for the conduct of armed humanitarian intervention. The Restrictive View has been challenged recently by several leading just-war theorists. An alternative view, which the author calls the Permissive View, seems to have become increasingly popular. On the Permissive View, those conducting armed humanitarian intervention are morally required to take on only some or a small amount of the costs of intervention, if any. The chapter presents the prima facie case for the Restrictive View. It argues that beneficiaries are not required to take on greater costs, in comparison with either rescuers or bystanders. More specifically, the author rejects the Rescuers thesis and the Bystanders thesis in turn.
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