Resisting United Nations Security Council Resolutions

Author: Sufyan Droubi
Publisher: Routledge
ISBN: 1317964276
Size: 18.17 MB
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The United Nations Security Council has primary responsibility for maintaining international peace and security. In discharging its powers it must act in accordance with the Purposes and Principles of the UN, and observe the rules governing voting and procedure established in the Organisation’s Charter. The Council adopts mandatory resolutions that may establish obligations for members and non-members, and such obligations trump conflicting obligations originating from any other international agreement. Member States must cooperate with the Organisation and among themselves, in the implementation of any action prescribed by the Council against States whose behaviour the Council considers an act of aggression, or a threat to, or breach of, international peace and security. ?This book analyses resistance to Security Council resolutions and puts forward a theory of lawful resistance. Sufyan Droubi takes a positivist approach to the UN Charter regarding it as a constitution. Special emphasis is placed on the construction of the Charter’s meaning through the practice of both organs and Members of the UN and on the need to enhance the effectiveness of the Organization with due respect to the rule of law. The book proposes that nonviolent resistance to a mandatory resolution of the Security Council, on grounds that the latter is incompatible with the Charter or?jus cogens?norms, may be considered lawful under the Charter if some elements are present. ?In exploring a number of case studies of individual and collective State resistance to mandatory Council resolutions, the book proposes that resistance may function as a rudimentary instrument of accountability and protection of the Charter and jus cogens, in the absence of more mature mechanisms of judicial review. The book will be of excellent use and interest to scholars and students of constitutional international law and international relations.

The Strategic Use Of International Law By The United Nations Security Council

Author: Rossana Deplano
Publisher: Springer
ISBN: 3319212818
Size: 73.24 MB
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The book offers insights on whether international law can shape the politics of the Security Council and conversely, the extent to which the latter contribute to the development of international law. By providing a systematic analysis of the quantity and quality of international legal instruments referred to in the text of resolutions, the book reconstructs patterns of the Security Council’s behavioural regularities and assesses them against the provisions of the United Nations Charter, which establishes its mandate. The analysis is divided into three periods – the origins and Cold War period, post-Cold War period and the twenty-first century – and assesses the resolutions passed in each period by thematic category. The book argues that while international law plays an important role in shaping the politics of the Security Council, the Council’s resolutions do not contribute significantly to the development of international law.

Latin America And The International Court Of Justice

Author: Paula Wojcikiewicz Almeida
Publisher: Routledge
ISBN: 1317511352
Size: 12.58 MB
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This book aims to evaluate the contribution of Latin America to the development of international law at the International Court of Justice (ICJ). This contemporary approach to international adjudication includes the historical contribution of the region to the development of international law through the emergence of international jurisdictions, as well as the procedural and material contribution of the cases submitted by or against Latin American states to the ICJ to the development of international law. The project then conceives international jurisdictions from a multifunctional perspective, which encompasses the Court as both an instrument of the parties and an organ of a value-based international community. This shows how Latin American states have become increasingly committed to the peaceful settlement of disputes and to the promotion of international law through adjudication. It culminates with an expansion of the traditional understanding of the function of the ICJ by Latin American states, including an analysis of existing challenges in the region. The book will be of interest to all those interested in international dispute resolution, including academic libraries, the judiciary, practitioners in international law, government institutions, academics, and students alike.

Sovereignty Conflicts And International Law And Politics

Author: Jorge E. Núñez
Publisher: Taylor & Francis
ISBN: 1351794795
Size: 19.31 MB
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Many conflicts throughout the world can be characterized as sovereignty conflicts in which two states claim exclusive sovereign rights for different reasons over the same piece of land. It is increasingly clear that the available remedies have been less than successful in many of these cases, and that a peaceful and definitive solution is needed. This book proposes a fair and just way of dealing with certain sovereignty conflicts. Drawing on the work of John Rawls in A Theory of Justice, this book considers how distributive justice theories can be in tune with the concept of sovereignty and explores the possibility of a solution for sovereignty conflicts based on Rawlsian methodology. Jorge E. Núñez explores a solution of egalitarian shared sovereignty, evaluating what sorts of institutions and arrangements could, and would, best realize shared sovereignty, and how it might be applied to territory, population, government, and law.

Complexity Theory And Law

Author: Jamie Murray
Publisher: Routledge
ISBN: 1351658174
Size: 31.49 MB
Format: PDF
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This collection of essays explores the different ways the insights from complexity theory can be applied to law. Complexity theory – a variant of systems theory – views law as an emergent, complex, self-organising system comprised of an interactive network of actors and systems that operate with no overall guiding hand, giving rise to complex, collective behaviour in law communications and actions. Addressing such issues as the unpredictability of legal systems, the ability of legal systems to adapt to changes in society, the importance of context, and the nature of law, the essays look to the implications of a complexity theory analysis for the study of public policy and administrative law, international law and human rights, regulatory practices in business and finance, and the practice of law and legal ethics. These are areas where law, which craves certainty, encounters unending, irresolvable complexity. This collection shows the many ways complexity theory thinking can reshape and clarify our understanding of the various problems relating to the theory and practice of law.

International Counterterrorism Bureaucracies In The United Nations And The European Union

Author: Hendrik Hegemann
Publisher: Bloomsbury Publishing
ISBN: 1474243177
Size: 12.32 MB
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Since the attacks of September 11, 2001 a complex web of international structures and rules for the fight against transnational terrorism has emerged. However, previous research disregarded the organizational basis of counterterrorism cooperation. Using the example of bureaucratic actors in the United Nations and the European Union, this study examines how and to what degree international counterterrorism bureaucracies exercise autonomy and perform distinct functions. The book reveals the special ambivalence of counterterrorism cooperation for international bureaucracies, which need to reconcile calls for effective counterterrorism with the need to maintain an impression of technical impartiality in a particularly contested policy-field. They respond to this challenge with different strategies of politicization and depoliticization.

The United Nations Human Rights Council

Author: Rosa Freedman
Publisher: Routledge
ISBN: 1135115141
Size: 50.43 MB
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The United Nations Human Rights Council was created in 2006 to replace the UN Commission on Human Rights. The Council’s mandate and founding principles demonstrate that one of the main aims, at its creation, was for the Council to overcome the Commission’s flaws. Despite the need to avoid repeating its predecessor's failings, the Council’s form, nature and many of its roles and functions are strikingly similar to those of the Commission. This book examines the creation and formative years of the United Nations Human Rights Council and assesses the extent to which the Council has fulfilled its mandate. International law and theories of international relations are used to examine the Council and its functions. Council sessions, procedures and mechanisms are analysed in-depth, with particular consideration given to whether the Council has become politicised to the same extent as the Commission. Whilst remaining aware of the key differences in their functions, Rosa Freedman compares the work of the Council to that of treaty-based human rights bodies. The author draws on observations from her attendance at Council proceedings in order to offer a unique account of how the body works in practice. The United Nations Human Rights Council will be of great interest to students and scholars of human rights law and international relations, as well as lawyers, NGOs and relevant government agencies.

The Un General Assembly

Author: M. J. Peterson
Publisher: Psychology Press
ISBN: 9780415343893
Size: 77.56 MB
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The United Nations General Assembly is arguably the most important discussion forum for global politics. This book examines the history, organisation and politics of the institution and assesses its future prospects.

The United States And The Security Council

Author: Brian Frederking
Publisher: Routledge
ISBN: 1135985545
Size: 60.73 MB
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This book describes the rules governing international security decision-making and examines the different understandings of collective security in the post-Cold War world. The post-Cold War world has largely been a struggle over which rules govern global security. Discussions and decisions following the events of 9/11 have highlighted differences and disputes in the United Nations Security Council. Where Russia, China, and France prefer ‘procedural’ collective security, in which all enforcement attempts must be explicitly authorized by the Security Council, the US and Britain prefer ‘substantive’ collective security, in which particular countries can sometimes take it upon themselves to enforce the rules of the global community. Using a constructivist theory of global security to analyze a series of case studies on Iraq (1990-91); Somalia, Rwanda, and Haiti; Bosnia and Kosovo; Afghanistan and Iraq (2003), the author demonstrates how competing interpretations of collective security recur. Challenging the claim that 9/11 fundamentally changed world politics, Brian Frederking argues that the events exacerbated already existing tensions between the veto powers of the UN Security Council. The United States and the Security Council will be of interest to students and researchers of American foreign policy, security studies and international organizations.

International Law And New Wars

Author: Christine Chinkin
Publisher: Cambridge University Press
ISBN: 1316764532
Size: 25.84 MB
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International Law and New Wars examines how international law fails to address the contemporary experience of what are known as 'new wars' - instances of armed conflict and violence in places such as Syria, Ukraine, Libya, Mali, the Democratic Republic of Congo and South Sudan. International law, largely constructed in the nineteenth and twentieth centuries, rests to a great extent on the outmoded concept of war drawn from European experience - inter-state clashes involving battles between regular and identifiable armed forces. The book shows how different approaches are associated with different interpretations of international law, and, in some cases, this has dangerously weakened the legal restraints on war established after 1945. It puts forward a practical case for what it defines as second generation human security and the implications this carries for international law.