The Strategic Use Of International Law By The United Nations Security Council
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The Strategic Use Of International Law By The United Nations Security Council
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Author : Rossana Deplano
language : en
Publisher: Springer
Release Date : 2015-06-23
The Strategic Use Of International Law By The United Nations Security Council written by Rossana Deplano and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-23 with Law categories.
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.
The Rule Of Law In The United Nations Security Council Decision Making Process
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Author : Sherif Elgebeily
language : en
Publisher: Routledge
Release Date : 2017-03-31
The Rule Of Law In The United Nations Security Council Decision Making Process written by Sherif Elgebeily and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-31 with Law categories.
The UN Security Council is entrusted under the UN Charter with primary responsibility for the maintenance and restoration of the international peace; it is the only body with the power to authorise military intervention legally and impose international sanctions where it decides. However, its decision-making process has hitherto been obscure and allegations of political bias have been made against the Security Council in its responses to potential international threats. Despite the rule of law featuring on the Security Council’s agenda for over a decade and a UN General Assembly declaration in 2012 establishing that the rule of law should apply internally to the UN, the Security Council has yet to formulate or incorporate a rule of law framework that would govern its decision-making process. This book explains the necessity of a rule of law framework for the Security Council before analysing existing literature and UN documents on the domestic and international rule of law in search of concepts suitable for transposition to the arena of the Security Council. It emerges with eight core components, which form a bespoke rule of law framework for the Security Council. Against this framework, the Security Council’s decision-making process since the end of the Cold War is meticulously evaluated, illustrating explicitly where and how the rule of law has been undermined or neglected in its behaviour. Ultimately, the book concludes that the Security Council and other bodies are unwilling or unable adequately to regulate the decision-making process against a suitable rule of law framework, and argues that there exists a need for the external regulation of Council practice and judicial review of its decisions.
Strengthening The Rule Of Law Through The Un Security Council
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Author : Jeremy Farrall
language : en
Publisher: Routledge
Release Date : 2016-04-14
Strengthening The Rule Of Law Through The Un Security Council written by Jeremy Farrall and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-14 with Political Science categories.
The UN Security Council formally acknowledged an obligation to promote justice and the rule of law in 2003. This volume examines the extent to which the Council has honoured this commitment when exercising its powers under the UN Charter to maintain international peace and security. It discusses both how the concept of the rule of law regulates, or influences, Security Council activity and how the Council has in turn shaped the notion of the rule of law. It explores in particular how this relationship has affected the Security Council’s three most prominent tools for the maintenance of international peace and security: peacekeeping, sanctions and force. In doing so, this volume identifies strategies for better promotion of the rule of law by the Security Council. This book will be of interest to scholars and students of international law, international relations, international development and peacekeeping.
United Nations Protection Of Humanity And Its Habitat
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Author : Bertrand G. Ramcharan
language : en
Publisher: BRILL
Release Date : 2016-08-11
United Nations Protection Of Humanity And Its Habitat written by Bertrand G. Ramcharan and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-11 with Law categories.
This book is a study of the future of international law as well as the future of the United Nations. It is the first study ever bringing together the laws, policies and practices of the UN for the protection of the earth, the oceans, outer space, human rights, victims of armed conflicts and of humanitarian emergencies, the poor, the vulnerable and the disadvantaged world-wide. It reviews unprecedented dangers and challenges facing humanity such as climate change and weapons of mass destruction, and argues that the international law of the future must become an international law of security and of protection. It submits that the concept of international security in the UN Charter can no longer be restricted to situations of armed conflict but must be given its natural meaning: whatever threatens the security of humanity. It calls for the Security Council to perform its role as the guardian of the security of humankind and sees a leadership role for the UN Secretary-General in analysing and presenting challenges of international security and protection to the Security Council for its attention.
The United Nations Security Council In The Post Cold War Era
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Author : Kenneth Manusama
language : en
Publisher: BRILL
Release Date : 2006-06-01
The United Nations Security Council In The Post Cold War Era written by Kenneth Manusama and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-06-01 with Business & Economics categories.
This volume examines the role of international law in the Security Council’s decisions and decision-making process since the end of the Cold War, with the principle of legality as theoretical framework.
The United Nations And The Development Of Collective Security
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Author : Dan Sarooshi
language : en
Publisher: Oxford University Press
Release Date : 1999
The United Nations And The Development Of Collective Security written by Dan Sarooshi and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Law categories.
This book examines one of the most important challenges facing the United Nations today: the effective and lawful use of force by or under the authority of the UN to maintain or restore peace. It makes a significant contribution to the content of the law pertaining to the use of force by the UN and provides guidance as to the likely future developments in the legal framework governing collective action to maintain peace under the auspices of the United Nations.
Regulating The Use Of Force In International Law
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Author : Russell Buchan
language : en
Publisher: Edward Elgar Publishing
Release Date : 2021-06-25
Regulating The Use Of Force In International Law written by Russell Buchan and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-06-25 with Law categories.
This book provides a comprehensive and detailed analysis of the nature, content and scope of the rules regulating the use of force in international law as they are contained in the United Nations Charter, customary international law and international jurisprudence. It examines these rules as they apply to developing and challenging circumstances such as the emergence of non-State actors, security risks, new technologies and moral considerations.
The Un Security Council And The Politics Of International Authority
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Author : Bruce Cronin
language : en
Publisher: Routledge
Release Date : 2008-03-04
The Un Security Council And The Politics Of International Authority written by Bruce Cronin and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-03-04 with Political Science categories.
Observes how the growth of the political authority of the Council challenges the basic idea that states have legal autonomy over their domestic affairs. The individual essays survey the implications that flow from these developments in the crucial policy areas of: terrorism; economic sanctions; the prosecution of war crimes; human rights; humanitarian intervention; and the use of force. In each of these areas, the evidence shows a complex and fluid relation between state sovereignty, the power of the United Nations, and the politics of international legitimation. Demonstrating how world politics has come to accommodate the contradictory institutions of international authority and international anarchy, this book makes an important contribution to how we understand and study international organizations and international law. Written by leading experts in the field, this volume will be of strong interest to students and scholars of international relations, international organizations, international law and global governance.
The Law And Practice Of The United Nations
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Author : Benedetto Conforti
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2005
The Law And Practice Of The United Nations written by Benedetto Conforti and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Political Science categories.
This fully up-dated, third revised edition of Conforti's thought-provoking and challenging textbook, The Law and Practice of the United Nations, provides a comprehensive legal analysis of problems concerning membership, the structure of UN organs, their functions and their acts, taking into consideration the text of the Charter, its historical origins, and, particularly, the practice of the organs. Its main focus is on the practice of the Security Council. In particular the action of the Security Council under Chapter VII has been taken into account. The legal literature on Chapter VII - a literature which has grown enormously in recent times - has also been considered. The fact that the legal aspects of the action or the inaction of the Security Council have been discussed to an unusually large extent by ordinary people at the time of the war against Iraq and even later is worth noting. The importance of the role of the United Nations, and the content of the rules governing it, has become a leitmotiv of all debates on international politics. Consequently, the opinion often held in the past, according to which it was useless to deal with the legal aspects of the United Nations activity, can be considered as obsolete.
Oppenheim S International Law United Nations
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Author : Rosalyn Higgins
language : en
Publisher: Oxford University Press
Release Date : 2017-10-12
Oppenheim S International Law United Nations written by Rosalyn Higgins and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-12 with Law categories.
The United Nations, whose specialized agencies were the subject of an Appendix to the 1958 edition of Oppenheim's International Law: Peace, has expanded beyond all recognition since its founding in 1945.This volume represents a study that is entirely new, but prepared in the way that has become so familiar over succeeding editions of Oppenheim. An authoritative and comprehensive study of the United Nations' legal practice, this volume covers the formal structures of the UN as it has expanded over the years, and all that this complex organization does. All substantive issues are addressed in separate sections, including among others, the responsibilities of the UN, financing, immunities, human rights, preventing armed conflicts and peacekeeping, and judicial matters. In examining the evolving structures and ever expanding work of the United Nations, this volume follows the long-held tradition of Oppenheim by presenting facts uncoloured by personal opinion, in a succinct text that also offers in the footnotes a wealth of information and ideas to be explored. It is book that, while making all necessary reference to the Charter, the Statute of the International Court of Justice, and other legal instruments, tells of the realities of the legal issues as they arise in the day to day practice of the United Nations. Missions to the UN, Ministries of Foreign Affairs, practitioners of international law, academics, and students will all find this book to be vital in their understanding of the workings of the legal practice of the UN. Research for this publication was made possible by The Balzan Prize, which was awarded to Rosalyn Higgins in 2007 by the International Balzan Foundation.