Resisting United Nations Security Council Resolutions

Author: Sufyan Droubi
Publisher: Routledge
ISBN: 1317964276
Size: 57.82 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: 62.46 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.

International Counterterrorism Bureaucracies In The United Nations And The European Union

Author: Hendrik Hegemann
Publisher: Bloomsbury Publishing
ISBN: 1474243177
Size: 57.36 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 Ashgate Research Companion To International Criminal Law

Author: Yvonne McDermott
Publisher: Routledge
ISBN: 1317043154
Size: 29.15 MB
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International criminal law is at a crucial point in its history and development, and the time is right for practitioners, academics and students to take stock of the lessons learnt from the past fifteen years, as the international community moves towards an increasingly uni-polar international criminal legal order, with the International Criminal Court (ICC) at the helm. This unique Research Companion takes a critical approach to a wide variety of theoretical, practical, legal and policy issues surrounding and underpinning the operation of international criminal law as applied by international criminal tribunals. The book is divided into four main parts. The first part analyses international crimes and modes of liability, with a view to identifying areas which have been inconsistently or misguidedly interpreted, overlooked to date or are likely to be increasingly significant in future. The second part examines international criminal processes and procedures, and here the authors discuss issues such as victim participation and the rights of the accused. The third part is a discussion of complementarity and sentencing, while the final part of the book looks at international criminal justice in context. The authors raise issues which are likely to provide the most significant challenges and most promising opportunities for the continuing development of this body of law. As international criminal law becomes more established as a distinct discipline, it becomes imperative for international criminal scholarship to provide a degree of critical analysis, both of individual legal issues and of the international criminal project as a whole. This book represents an important collective effort to introduce an element of legal realism or critical legal studies into the academic discourse.

The Un General Assembly

Author: M. J. Peterson
Publisher: Psychology Press
ISBN: 9780415343893
Size: 37.34 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: 1135985553
Size: 27.69 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.

The United Nations Human Rights Council

Author: Rosa Freedman
Publisher: Routledge
ISBN: 1135115141
Size: 55.16 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.

Law And Practice Of The United Nations

Author: Simon Chesterman
Publisher: Oxford University Press
ISBN: 0190493259
Size: 66.87 MB
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Law and Practice of the United Nations: Documents and Commentary combines primary materials with expert commentary demonstrating the interaction between law and practice in the UN organization, as well as the possibilities and limitations of multilateral institutions in general. Each chapter begins with a short introductory essay describing how the documents that ensue illustrate a set of legal, institutional, and political issues relevant to the practice of diplomacy and the development of public international law through the United Nations. Each chapter also includes questions to guide discussion of the primary materials, and a brief bibliography to facilitate further research on the subject. This second edition addresses the most challenging issues confronting the United Nations and the global community today, from terrorism to climate change, from poverty to nuclear proliferation. New features include hypothetical fact scenarios to test the understanding of concepts in each chapter. This edition contains expanded author commentary, while maintaining the focus on primary materials. Such materials enable a realistic presentation of the work of international diplomacy: the negotiation, interpretation and application of such texts are an important part of what actually takes place at the United Nations and other international organizations. This work is ideal for courses on the United Nations or International Organizations, taught in both law and international relations programs.

The Oxford Handbook Of The Responsibility To Protect

Author: Alex Bellamy
Publisher: Oxford University Press
ISBN: 0191068365
Size: 63.97 MB
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The Responsibility to Protect (R2P) is intended to provide an effective framework for responding to crimes of genocide, ethnic cleansing, war crimes, and crimes against humanity. It is a response to the many conscious-shocking cases where atrocities - on the worst scale - have occurred even during the post 1945 period when the United Nations was built to save us all from the scourge of genocide. The R2P concept accords to sovereign states and international institutions a responsibility to assist peoples who are at risk - or experiencing - the worst atrocities. R2P maintains that collective action should be taken by members of the United Nations to prevent or halt such gross violations of basic human rights. This Handbook, containing contributions from leading theorists, and practitioners (including former foreign ministers and special advisors), examines the progress that has been made in the last 10 years; it also looks forward to likely developments in the next decade.