Security Detention In International Territorial Administrations Kosovo East Timor And Iraq
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Security Detention in International Territorial Administrations: Kosovo, East Timor, and Iraq by Omer Faruk Direk Pdf
Security Detention in International Territorial Administrations examines several intricate and overlapping legal questions stemming from security detention practices in a post-conflict environment.
Complicity and the Law of International Organizations by Magdalena Pacholska Pdf
This timely book examines the responsibility of international organizations for complicity in human rights and humanitarian law violations. It comprehensively addresses a lacuna in current scholarship through an analysis of the mandates and modus operandi of UN peace operations, offering workable normative solutions and striking a balance between the UN’s duty not to contribute to international law violations and its need to discharge mandated tasks in a highly volatile environment.
The first part of this book contains a selection of articles written over five decades. The second part includes a selection of legal opinions written between 1962-1965, when the author was working in the legal department of Israel's Ministry of Foreign Affairs. An appendix reproduces a letter on anti-Semitism at the United Nations, sent by the author in his capacity as Israel's Ambassador and Permanent Representative to the UN and addressed to the UN Secretary-General. The author's varied career, as a leading academic and high-ranking diplomat, offers a unique perspective on many aspects of international law, ranging from constitutional problems of the UN Charter to the Arab-Israel conflict. The author has chosen to reproduce all these writings in their original form, while being acutely aware that significant changes have occurred in many fields of international law in the intervening period. This he has done consciously in the belief that preserving his writings unchanged will, not only indirectly, attest to the fundamental shifts in many areas of international law, not all of which meet with his approbation.
Post-conflict Administrations in International Law by Eric de Brabandere Pdf
Drawing on the context in which the administration of territory by international actors has resurfaced, and on the legal framework applicable to post-conflict administrations and peace-building operations, this book analyses the practice of the reconstruction processes in Kosovo, East Timor, Afghanistan and Iraq.
International Governance of War-Torn Territories by Richard Caplan Pdf
Since the mid-1990s the United Nations and other multilateral organizations have been entrusted with exceptional authority for the administration of war-torn and strife-ridden territories. In Bosnia and Herzegovina, Eastern Slavonia, Kosovo, and East Timor these organizations have assumed responsibility for governance to a degree unprecedented in recent history. These initiatives represent some of the boldest experiments in the management and settlement of intra-state conflict ever attempted by third parties. This book is a study of recent experiences in the international administration of war-torn territories. It examines the nature of these operations - their mandates, structures, and powers - and distinguishes them from kindred historical and contemporary experiences of peacekeeping, trusteeship, and military occupation. It analyses and assesses the effectiveness of international administrations and discusses, in thematic fashion, the key operational and political challenges that arise in the context of these experiences. It also reflects on the policy implications of these experiences, recommending reforms or new approaches to the challenge posed by localized anarchy in a global context. It argues that, despite many of the problems arising from both the design and implementation of international administrations, international administration has generally made a positive contribution to the mitigation of conflict in the territories where they have been established, thus removing or reducing a threat to peace and helping to improve the lives of the vast majority of the territories' inhabitants. This major new work from a leading scholar provides the first comprehensive treatment of recent attempts at international governance of war-torn territories, and will be essential reading for anyone interested in peace-keeping operations and international administration.
USAK Yearbook of International Politics and Law: Volume 4 by Sedat Laçiner,İhsan Bal Pdf
USAK Yearbook of Politics and International Relations, the fifth edition of which was published in 2012, is an annual, peer-reviewed, English language scholarly journal. The Editorial Office of the Yearbook is in the central building of the International Strategic Research Organization (USAK) in Ankara, Turkey. However, the Yearbook is an independent publication in terms of scholarly research and the editors decide its publication policies. Esteemed academics dispassionately evaluate all submitted articles to ensure their conformity with academic rules and formats. The review reports are confidentially stored in the Yearbook's archives for five years. While the focal points of published articles converge on international relations, international law and political science, essentially; subjects regarding Area studies of the Balkans, the Caucasus, the Middle East, Central Asia, and Europe are also spared considerable space. Additionally, pieces concerning international security, sociology, and anthropological studies are also regularly included in the Yearbook. Now entering its sixth year of compilation, the Yearbook provides a scholarly platform for academics and researchers throughout the world. The USAK Yearbook of Politics and International Relations is gifted to every dual subscriber to the Review of International Law and Politics (UHP) and the Journal of Central Asia and the Caucasus (OAKA) after their first year of subscription. Indexes through which our followers can browse and access Yearbook are as follows: Hein Online, International Political Science Abstracts (IPSA), PAIS International, CSA Worldwide Political Science Abstracts, CSA Sociological Abstracts, CSA Social Services Abstracts and ULAKBİM.
The Chapter VII Powers of the United Nations Security Council by Erika de Wet Pdf
This study provides a comprehensive analysis of the questions pertaining to the powers of the Security Council under Chapter VII of the Charter of the United Nations. In doing so it departs from the premise that an analysis of the limitations to the powers of the Security Council and an analysis of judicial review of such limitations by the ICJ, respectively, are inter-dependent. On the one hand, judicial review would only become relevant if and to the extent that the powers granted to the Security Council under Chapter VII of the Charter are subject to justiciable limitations. On the other hand, the relevance of any limitation to the powers of the Security Council would remain limited if it could not be enforced by judicial review. This inter-dependence is reflected by the fact that Chapters 2 and 3 focus on judicial review in advisory and contentious proceedings, respectively, whereas Chapters 4 to 9 examine the limits to the powers of the Security Council. The concluding chapter subsequently illuminates how the respective limits to the Security Council's enforcement powers could be enforced by judicial review. It also explores an alternative mode of review of binding Security Council decisions that could complement judicial review by the ICJ, notably the right of states to reject illegal Security Council decisions as a 'right of last resort'. The space and attention devoted to the limits to the Security Council's enforcement powers reflects the second aim of this study, namely to provide new direction to this aspect of the debate on the Security Council's powers under Chapter VII of the Charter. It does so by paying particular attention to the role of human rights norms in limiting the type of enforcement measures that the Security Council can resort to in order to maintain or restore international peace and security.
United Nations Justice by Calin Trenkov-Wermuth Pdf
"At the end of the 20th century, and at the dawn of the 21st, the United Nations was tasked with the administration of justice in territories placed under its executive authority, an undertaking for which there was no established precedent or doctrine. Examining the UN's legal and judicial reform efforts in Kosovo and East Timor, this volume argues that rather than helping to establish a sustainable legal system, the UN's approach detracted from it, as it confused ends with means."--Publisher's description.
New Explorations Into International Relations by Seung-Whan Choi Pdf
This book addresses a range of issues surrounding the search for scientific truths in the study of international conflict and international political economy. Unlike empirical studies in other disciplines, says Seung-Whan Choi, many political studies seem more competent at presenting theoretical conjecture and hypotheses than they are at performing rigorous empirical analyses. When we study global issues like democratic institutions, flows of foreign direct investment, international terrorism, civil wars, and international conflict, we often uncritically adopt established theoretical frameworks and research designs. The natural assumption is that well-known and widely cited studies, once ingrained within the tradition of the discipline, should not be challenged or refuted. However, do such noted research areas reflect scientific truth? Choi looks closely at ten widely cited empirical studies that represent well-known research programs in international relations. His discussions address such statistical and theoretical issues as endogeneity bias, model specification error, fixed effects, theoretical predictability, outliers, normality of regression residuals, and choice of estimation techniques. In addition, scientific progress made by remarkable discoveries usually results from finding a new way of thinking about long-held scientific truths, therefore Choi also demonstrates how one may search for novel ideas at minimal cost by developing new research designs with original data. Here is a valuable resource for students, scholars, and policy makers who want to quickly grasp the evolutionary pattern of scientific research on democracy, foreign investment, terrorism, and conflict; build their research designs and choose appropriate statistical techniques; and identify their own agendas for the production of cutting-edge research.
Accountability Of Peace Support Operations by M. C. Zwanenburg Pdf
Quis custodiet ipsos custodies? In other words, who guards the guardians? At a time when the mandate of many peace support operations includes halting violations of international humanitarian law by third parties, there is still a lack of clarity concerning accountability of peace support operations themselves. This book addresses that accountability, focusing on peace support operations under the command and control of the United Nations and the North Atlantic Treaty Organization. It is concerned with the accountability of international organizations as well as troops contributing and member states, but not of individuals. Drawing on existing and emerging doctrines of international law, including the law of state responsibility, the law of responsibility of international organizations, international institutional law and international humanitarian law, and on the basis of state practice, this book makes a strong plea for improving mechanisms to implement the accountability of peace support operations under international humanitarian law. The Paul Reuter Prize 2006 was awarded to Marten Zwanenburg for this book.
Humanitarian Military Intervention by Taylor B. Seybolt Pdf
Military intervention in a conflict without a reasonable prospect of success is unjustifiable, especially when it is done in the name of humanity. Couched in the debate on the responsibility to protect civilians from violence and drawing on traditional 'just war' principles, the centralpremise of this book is that humanitarian military intervention can be justified as a policy option only if decision makers can be reasonably sure that intervention will do more good than harm. This book asks, 'Have past humanitarian military interventions been successful?' It defines success as saving lives and sets out a methodology for estimating the number of lives saved by a particular military intervention. Analysis of 17 military operations in six conflict areas that were thedefining cases of the 1990s-northern Iraq after the Gulf War, Somalia, Bosnia and Herzegovina, Rwanda, Kosovo and East Timor-shows that the majority were successful by this measure. In every conflict studied, however, some military interventions succeeded while others failed, raising the question, 'Why have some past interventions been more successful than others?' This book argues that the central factors determining whether a humanitarian intervention succeeds are theobjectives of the intervention and the military strategy employed by the intervening states. Four types of humanitarian military intervention are offered: helping to deliver emergency aid, protecting aid operations, saving the victims of violence and defeating the perpetrators of violence. Thefocus on strategy within these four types allows an exploration of the political and military dimensions of humanitarian intervention and highlights the advantages and disadvantages of each of the four types.Humanitarian military intervention is controversial. Scepticism is always in order about the need to use military force because the consequences can be so dire. Yet it has become equally controversial not to intervene when a government subjects its citizens to massive violation of their basic humanrights. This book recognizes the limits of humanitarian intervention but does not shy away from suggesting how military force can save lives in extreme circumstances.
Legitimacy in International Law by Rüdiger Wolfrum,Volker Röben Pdf
There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.
Max Planck Yearbook of United Nations Law by Armin Von Bogdandy,Rüdiger Wolfrum,Christiane E. Philipp Pdf
This publication constitutes the first scholarly periodical to focus on activities of the United Nations in the field of international law. It recognizes the recent increased impact of the development of the World Organization, its Specialized Agencies and other aspects of the United Nations System, as well as their effect on the shaping of international relations.
