Strengthening The Rule Of Law Through The Un Security Council

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Strengthening the Rule of Law through the UN Security Council

Author : Jeremy Farrall,Hilary Charlesworth
Publisher : Routledge
Page : 304 pages
File Size : 45,5 Mb
Release : 2016-04-14
Category : Political Science
ISBN : 9781317338390

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Strengthening the Rule of Law through the UN Security Council by Jeremy Farrall,Hilary Charlesworth Pdf

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.

Strengthening the Rule of Law Through the United Nations Security Council

Author : Jeremy Farrall,Hilary Charlesworth
Publisher : Unknown
Page : 128 pages
File Size : 49,8 Mb
Release : 2016-03-09
Category : Electronic
ISBN : 1921933224

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Strengthening the Rule of Law Through the United Nations Security Council by Jeremy Farrall,Hilary Charlesworth Pdf

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.

Global Governance and the Emergence of Global Institutions for the 21st Century

Author : Augusto Lopez-Claros,Arthur L. Dahl,Maja Groff
Publisher : Cambridge University Press
Page : 561 pages
File Size : 45,7 Mb
Release : 2020-01-23
Category : Law
ISBN : 9781108476966

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Global Governance and the Emergence of Global Institutions for the 21st Century by Augusto Lopez-Claros,Arthur L. Dahl,Maja Groff Pdf

Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.

United Nations Sanctions and the Rule of Law

Author : Jeremy Matam Farrall
Publisher : Cambridge University Press
Page : 574 pages
File Size : 46,5 Mb
Release : 2009-07-09
Category : Law
ISBN : 0521141982

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United Nations Sanctions and the Rule of Law by Jeremy Matam Farrall Pdf

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.

The International Rule of Law

Author : Heike Krieger,Georg Nolte,Andreas Zimmermann
Publisher : Oxford University Press, USA
Page : 401 pages
File Size : 51,8 Mb
Release : 2019-08
Category : Law
ISBN : 9780198843603

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The International Rule of Law by Heike Krieger,Georg Nolte,Andreas Zimmermann Pdf

This edited volume examines the role of international law in a changing global order. Can we, under the current significantly changing conditions, still observe an increasing juridification of international relations based on a universal understanding of values? Or are we, to the contrary, facing a tendency towards an informalization or a reformalization of international law, or even an erosion of international legal norms? Would it be appropriate to revisit classical elements of international law in order to react to structural changes, which may give rise to a more polycentric or non-polar world order? Or are we simply observing a slump in the development towards an international rule of law based on a universal understanding of values? In eleven chapters, distinguished scholars reflect on how to approach these questions from historical, system-oriented and actor-centered perspectives. The contributions engage with the rise of European international law since the 17th century, the decay of the international rule of law, compliance as an indicator for the state of international law, international law and informal law-making in times of populism, the rule of environmental law and complex problems, human rights in Europe in a hostile environment, the influence of the BRICS states on international law, the impact of non-state actors on international law, international law's contribution to global justice, the contestation of value-based norms and the international rule of law in light of legitimacy claims.

Judicial Integrity

Author : Anonim
Publisher : BRILL
Page : 321 pages
File Size : 52,9 Mb
Release : 2004-05-01
Category : Law
ISBN : 9789047413714

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Judicial Integrity by Anonim Pdf

Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.

The United Nations and Security Sector Reform

Author : Adedeji Ebo,Heiner Haenggi
Publisher : LIT Verlag Münster
Page : 358 pages
File Size : 43,7 Mb
Release : 2019-12-16
Category : Political Science
ISBN : 9783643803115

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The United Nations and Security Sector Reform by Adedeji Ebo,Heiner Haenggi Pdf

Multilateral organizations - the United Nations (UN) in particular - have played, and continue to play, an important role in shaping the security sector reform (SSR) agenda, both in terms of policy development and the provision of support to a wide range of national SSR processes. This volume presents a variety of perspectives on UN support to SSR, past and present, with attention to policy and operational practice. Drawing from the experience of UN practitioners combined with external experts on SSR, this volume offers an in-depth exploration of the UN approach to SSR from a global perspective.

United Nations Protection of Humanity and Its Habitat

Author : Bertrand G. Ramcharan
Publisher : BRILL
Page : 300 pages
File Size : 54,9 Mb
Release : 2016-08-11
Category : Law
ISBN : 9789004303140

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United Nations Protection of Humanity and Its Habitat by Bertrand G. Ramcharan Pdf

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.

Sustainable Development Goals and Human Rights

Author : Markus Kaltenborn,Markus Krajewski,Heike Kuhn
Publisher : Springer Nature
Page : 246 pages
File Size : 43,9 Mb
Release : 2019-01-01
Category : Climatic changes
ISBN : 9783030304690

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Sustainable Development Goals and Human Rights by Markus Kaltenborn,Markus Krajewski,Heike Kuhn Pdf

This open access book analyses the interplay of sustainable development and human rights from different perspectives including fight against poverty, health, gender equality, working conditions, climate change and the role of private actors. Each aspect is addressed from a more human rights-focused angle and a development-policy angle. This allows comparisons between the different approaches but also seeks to close gaps which would remain if only one perspective would be at the center of the discussions. Specifically, the book shows the strong connections between human rights and the objectives of the 2030 Agenda for Sustainable Development and the Sustainable Development Goals adopted by the United Nations in 2015. Already the preamble of this document explicitly states that "the 17 Sustainable Development Goals ... seek to realise the human rights of all". Moreover, several goals and targets of the 2030 Agenda correspond to already existing individual human rights obligations. The contributions of this volume therefore also address how the implementation of human rights and SDGs can reinforce each other, but also point to critical shortcomings of the different approaches.

Institutional Supports for the International Rule of Law

Author : Charles Sampford,Ramesh Thakur
Publisher : Routledge
Page : 221 pages
File Size : 50,6 Mb
Release : 2014-08-27
Category : Political Science
ISBN : 9781317637530

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Institutional Supports for the International Rule of Law by Charles Sampford,Ramesh Thakur Pdf

The rule of law is widely seen as the cornerstone of any effective polity and increasingly a vital component of the international political system. If the international rule of law were to be strengthened, it would greatly contribute to trade, security, human rights and global cooperation in a range of fields. Yet, in many areas the rule of law seems almost absent in international affairs. This book explores the institutions that support the effectiveness of the rule of law domestically. It focuses on the extent to which similar institutions already exist at international level and analyses the possibility of their further development. The authors speculate on how the international rule of law might be advanced in the future, thereby suggesting potential strategies for strengthening the international rule of law. Adopting an interdisciplinary approach and combining the fields of international relations, politics and law, this book covers a range institutions including: UN Security Council International Court of Justice Human rights machinery Regional human rights International Criminal Court World Trade Organization International Tribunal for the Law of the Sea UN Department of Peacekeeping Operations. It will be of strong interest to students and scholars of international relations, international organisations, global governance, international law, migration law, international peace and security law, applied ethics, political economy, political science and sociology.

Rule of Law Dynamics

Author : Michael Zurn,Andre Nollkaemper,Randy Peerenboom
Publisher : Cambridge University Press
Page : 128 pages
File Size : 44,6 Mb
Release : 2012-06-18
Category : Law
ISBN : 9781139510974

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Rule of Law Dynamics by Michael Zurn,Andre Nollkaemper,Randy Peerenboom Pdf

This volume explores the various strategies, mechanisms and processes that influence rule of law dynamics across borders and the national/international divide, illuminating the diverse paths of influence. It shows to what extent, and how, rule of law dynamics have changed in recent years, especially at the transnational and international levels of government. To explore these interactive dynamics, the volume adopts an interdisciplinary approach, bringing together the normative perspective of law with the analytical perspective of social sciences. The volume contributes to several fields, including studies of rule of law, law and development, and good governance; democratization; globalization studies; neo-institutionalism and judicial studies; international law, transnational governance and the emerging literature on judicial reforms in authoritarian regimes; and comparative law (Islamic, African, Asian, Latin American legal systems).

The Rule of Law in the United Nations Security Council Decision-Making Process

Author : Sherif Elgebeily
Publisher : Taylor & Francis
Page : 222 pages
File Size : 42,9 Mb
Release : 2017-03-31
Category : Law
ISBN : 9781315413440

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The Rule of Law in the United Nations Security Council Decision-Making Process by Sherif Elgebeily Pdf

Efforts to reform the use of the veto -- Conclusions -- 11 Accountability -- Introduction -- Self-regulation -- The accountability, coherence and transparency (ACT) group -- The Office of the Ombudsperson -- Sibling UN organs -- The International Court of Justice -- Potential coordination with the ICJ -- The General Assembly -- Conclusions -- Final conclusions -- Index

Protection of Civilians

Author : Haidi Willmot,Ralph Mamiya,Scott Sheeran,Marc Weller
Publisher : Oxford University Press
Page : 497 pages
File Size : 45,8 Mb
Release : 2016
Category : Law
ISBN : 9780198729266

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Protection of Civilians by Haidi Willmot,Ralph Mamiya,Scott Sheeran,Marc Weller Pdf

The protection of civilians is a highly topical issue at the forefront of international discourse, and has taken a prominent role in many international deployments. It has been at the center of debates on the NATO intervention in Libya, UN deployments in Darfur, South Sudan, and the Democratic Republic of the Congo, and on the failures of the international community in Sri Lanka and Syria. Variously described as a moral responsibility, a legal obligation, a mandated peacekeeping task, and the culmination of humanitarian activity, it has become a high-profile concern of governments, international organizations, and civil society, and a central issue in international peace and security. This book offers a multidisciplinary treatment of this important topic, harnessing perspectives from international law and international relations, traversing academia and practice. Moving from the historical and philosophical development of the civilian protection concept, through relevant bodies of international law and normative underpinnings, and on to politics and practice, the volume presents coherent cross-cutting analysis of the realities of conflict and diplomacy. In doing so, it engages a series of current debates, including on the role of politics in what has often been characterized as a humanitarian endeavor, and the challenges and impacts of the use of force. The work brings together a wide array of eminent academics and respected practitioners, incorporating contributions from legal scholars and ethicists, political commentators, diplomats, UN officials, military commanders, development experts and humanitarian aid workers. As the most comprehensive publication on the subject, this will be a first port of call for anyone studying or working towards a better protection of civilians in conflict.

Oppenheim's International Law: United Nations

Author : Rosalyn Higgins,Philippa Webb,Dapo Akande,Sandesh Sivakumaran,James Sloan
Publisher : Oxford University Press
Page : 1642 pages
File Size : 51,9 Mb
Release : 2017-10-12
Category : Law
ISBN : 9780192537195

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Oppenheim's International Law: United Nations by Rosalyn Higgins,Philippa Webb,Dapo Akande,Sandesh Sivakumaran,James Sloan Pdf

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.

The United Nations and the Development of Collective Security

Author : Dan Sarooshi
Publisher : Oxford University Press
Page : 348 pages
File Size : 44,9 Mb
Release : 1999
Category : Law
ISBN : 0198268637

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The United Nations and the Development of Collective Security by Dan Sarooshi Pdf

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.