United Nations Sanctions And The Rule Of Law
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United Nations Sanctions And The Rule Of Law
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Author : Jeremy Matam Farrall
language : en
Publisher: Cambridge University Press
Release Date : 2009-07-09
United Nations Sanctions And The Rule Of Law written by Jeremy Matam Farrall and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-09 with Law categories.
The United Nations Security Council has increasingly resorted to sanctions as part of its efforts to prevent and resolve conflict. In this 2007 book, Farrall traces the evolution of the Security Council's sanctions powers and charts the contours of the UN sanctions system. He also evaluates the extent to which the Security Council's increasing commitment to strengthening the rule of law extends to its sanctions practice. The book identifies shortcomings in respect of key rule of law principles and advances pragmatic policy-reform proposals designed to ensure that UN sanctions promote, strengthen and reinforce the rule of law. In its appendices United Nations Sanctions and the Rule of Law contains summaries of all 25 UN sanctions regimes established to date by the Security Council. It forms an invaluable source of reference for diplomats, policymakers, scholars and advocates.
United Nations Sanctions And The Rule Of Law
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Author : Jeremy Matam Farrall
language : en
Publisher:
Release Date : 2007
United Nations Sanctions And The Rule Of Law written by Jeremy Matam Farrall and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Economic sanctions categories.
Farrall surveys the history of UN sanctions.
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 Sanctions And International Law
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Author : Vera Gowlland-Debbas
language : en
Publisher: BRILL
Release Date : 2021-11-15
United Nations Sanctions And International Law written by Vera Gowlland-Debbas and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-11-15 with Law categories.
The reactivation of the Security Council at the beginning of the last decade has resulted, since the invasion of Kuwait by Iraq on August 2, l990, in increasing use of its powers under Chapter VII of the Charter and the adoption of measures against a number of state and non-state entities. The notion of a threat to the peace has now come to encompass violations of fundamental norms of international law such as human rights and humanitarian law, and the wide-ranging measures adopted have included such innovations as the establishment of the UN Compensation Commission or that of the two international criminal tribunals for Former Yugoslavia and Rwanda. These measures have not only infringed on the legal rights of the targeted state (sometimes with irreversible effects where they have remained in force over a long period of time) and its population, but also on those of implementing states and of private rights within these states. The current debate over the legitimacy and long-term effects of economic sanctions on states and their populations makes it imperative to re-evaluate this instrument and the broader peace maintenance function of the Security Council in the light of current community concerns. Part One of this book addresses the theoretical issues by focussing on: 1) The place of sanctions in the international legal system; 2) the limits to the powers of the Security Council and the question of accountability; and 3) an assessment of the alternatives to collective economic sanctions. Part Two looks at the relationship between sanctions and humanitarian issues, examining the relationship between: 1) Sanctions and human rights law; 2) sanctions, humanitarian issues and mandates; and 3) sanctions and humanitarian law. Part Three focuses on implementation by states of Security Council sanctions resolutions by examining: 1) Sanctions and private rights; and 2) special problems for implementing states. Part Four addresses the future in reassessing the place and ethics of sanctions in an international legal system which is giving increased importance to the individual. This work is based on papers presented at a colloquium of the Graduate Institute of International Studies in Geneva.
National Implementation Of United Nations Sanctions
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Author : Vera Gowlland-Debbas
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2004
National Implementation Of United Nations Sanctions written by Vera Gowlland-Debbas 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 2004 with Law categories.
This work is a comparative study of domestic implementation of Security Council mandatory sanctions taken under Article 41, Chapter VII of the UN Charter, including the establishment of the two international criminal tribunals, the ICTY and ICTR, and recent resolutions on the combating of the financing of terrorism. The book examines implementation in 16 select States in Europe, America, Asia, the Middle East and Africa, underlining also the particular problems arising from sanctions implementation by the European Union, by a permanently neutral and former non-Member State - Switzerland - and by States confronted with special economic problems within the meaning of Article 50 of the UN Charter. Three interrelated themes are addressed. The first, of a theoretical nature, concerns the question of whether implementation of Security Council resolutions, particularly where perceived to be in fulfilment of community objectives, poses problems which are in some way distinct from those raised by the implementation of other conventional international law obligations, thereby shedding a different light on the traditional relationship between international and municipal law. The second concerns the effectiveness of the decisions of the Security Council viewed from the perspective of the effective mise en oeuvre of these decisions in national law. The third theme concerns the legitimacy of Security Council resolutions as seen from the viewpoint of domestic legal systems, that is the extent to which Security Council decisions encroach on internationally or constitutionally protected individual rights and the potential role played by domestic courts in reviewing the decisions of the Security Council.The latter has assumed particular importance in the framework of the combating of the financing of terrorism. This work, which brings together the research results of 29 academics and experts, is the second publication within the framework of a project on Security Council sanctions carried out under the auspices of the Graduate Institute of International Studies. The first, which looked at a broad set of issues, was entitled "United Nations Sanctions and International Law" and was published by Kluwer Law International in 2001.
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 United Nations Security Council
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Author : Jeremy Farrall
language : en
Publisher:
Release Date : 2016-03-09
Strengthening The Rule Of Law Through The United Nations Security Council written by Jeremy Farrall and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-03-09 with categories.
These Policy Proposals are the product of a three-year Australian Research Council-funded project on 'Strengthening the Rule of Law through the UN Security Council'. The project is a collaboration between the Australian National University's Centre for International Governance and Justice and the Australian Government's Australian Civil-Military Centre. The project examined the relationship between the Security Council and the rule of law when it uses three of its most prominent tools for the maintenance of international peace and security, namely peace operations, sanctions and force. An important project aim was to develop policy proposals to enhance the Security Council's ability to strengthen the rule of law when it deploys peace operations, applies sanctions and authorises the use of force.During the course of the Strengthening the Rule of Law project a series of eight workshops were convened, involving highly engaged practitioners and academics. Four workshops took place at the Australian National University in Canberra and four were hosted by the Australian Mission to the United Nations in New York. Each workshop brought together a blend of 25-30 practitioners and academics who were experts and creative thinkers in the area of focus. Two hundred and twelve participants were involved across all workshops, drawn from across Australia and around the world. Practitioner participants came from various Australian government departments and agencies, as well as a range of UN Secretariat departments and agencies, diplomatic missions to the UN and non-government organisations.The Policy Proposals presented here emerged from the dialogue and debate that took place at these eight project workshops. The Proposals are framed by a responsive approach to the rule of law, informed by the empirical research of scholars in the field of regulatory studies. The significance of a responsive approach to the rule of law lies in its capacity to generate modest but meaningful progress in rule-of-law promotion both within the UN Security Council itself and in its interventions in the diverse conflict settings that trigger its responsibilities under the UN Charter.
Securing Human Rights
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Author : Bardo Fassbender
language : en
Publisher: Collected Courses of the Acade
Release Date : 2011
Securing Human Rights written by Bardo Fassbender and has been published by Collected Courses of the Acade this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Law categories.
What role has the UN Security Council played in the promotion of human rights? Have its past actions breached those same rights the UN is pledged to uphold? Examining these two questions, this book provides a variety of viewpoints on the past, present, and future of the Security Council's role in the promotion of human rights.
Economic Sanctions And International Law
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Author : Matthew Happold
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-10-20
Economic Sanctions And International Law written by Matthew Happold and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-10-20 with Law categories.
In recent years sanctions have become an increasingly popular tool of foreign policy, not only at the multilateral level (at the UN), but also regionally (the EU in particular) and unilaterally. The nature of the measures imposed has also changed: from comprehensive sanctions regimes (discredited since Iraq in the 1990s) to 'targeted' or 'smart' sanctions, directed at specific individuals or entities (through asset freezes and travel bans) or prohibiting particular activities (arms embargoes and export bans). Bringing together scholars, government and private practitioners, Economic Sanctions and International Law provides an overview of recent developments and an analysis of the problems that they have engendered. Chapters examine the contemporary practice of the various actors, and the legality (or otherwise) of their activities. Issues considered include the human rights of persons targeted, and the mechanisms established to challenge their listing; as well as, in cases of sanctions imposed by regional organisations and individual states, the rights of third States and their nationals. The book will be of interest to scholars and practitioners of international law and politics.
Law And Practice Of The United Nations
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Author : Simon Chesterman
language : en
Publisher: Oxford University Press
Release Date : 2016
Law And Practice Of The United Nations written by Simon Chesterman 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 2016 with International agencies categories.
"In memory of Professor Thomas M. Franck"