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The UN Security Council and International Law by Michael Wood,Eran Sthoeger Pdf
The UN Security Council and International Law explores the legal powers, limits and potential of the United Nations Security Council, offering a broadly positive (and positivist) account of the Council's work in practice. This book aims to answer questions such as 'when are Council decisions binding and on whom?', 'what legal constraints exist on Council decision making?' and 'how far is the Council bound by international law?'. Defining the controlling legal rules and differentiating between what the Council can do, as opposed to what it should do as a matter of policy, this book offers both a tool for assessment of the Council as well as realistic solutions to address its deficiencies, and, most importantly, evaluates its potential for maintaining international peace and security, to the benefit of us all.
The Procedure of the UN Security Council by Loraine Sievers,Sam Daws Pdf
This text is a revised edition and contains new material documenting the extensive and rapid innovations in the UN Security Council's procedures of the past two decades. It provides insight into the inside workings of the world's pre-eminent body for the maintenance of international peace and security. Grounded in the history and politics of the Council, it describes the ways the Council has responded through its working methods to a changing world. It explains the Council's role in its wider UN Charter context and examines its relations with other UN organs and its own subsidiary bodies.
The Strategic Use of International Law by the United Nations Security Council by Rossana Deplano Pdf
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 UN Security Council and the Politics of International Authority by Bruce Cronin,Ian Hurd Pdf
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.
United Nations Sanctions and International Law by Vera Gowlland-Debbas Pdf
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.
The Authority of the Security Council Under Chapter VII of the UN Charter by David Schweigman Pdf
This volume discusses the legal limits to the authority of the Security Council under Chapter VII of the United Nations Charter. The interest in this topic regained importance when the Security Council started to play an increasingly active role after a period of dormancy between 1945 and 1990. The work describes various approaches to Charter interpretation, provides an overview of the Council's powers under the Charter and surveys the Council's recent practice with regard to the maintenance of international peace and security. Subsequently the sources and contents of the limits to the Council's authority are analyzed. This is followed by an analysis of the role of the International Court of Justice, which includes an overview of the main obstacles to, and possibilities of, judicial review by the Court of Council decisions taken under Chapter VII. Finally, the work discusses recent proposals to enhance the Council's legitimacy.
The UN Security Council Members' Responsibility to Protect by Andreas S. Kolb Pdf
This book examines the hard legal core, if any, of the “Responsibility to Protect (R2P)” concept with regard to the commitment to take collective action through the UN Security Council. It addresses the question of whether public international law establishes a duty on the part of the individual Security Council members to collectively take the necessary action to prevent atrocities (genocide, crimes against humanity, war crimes and ethnic cleansing). To this end, it offers an interpretation of provisions in multilateral conventions, such as the undertaking to prevent genocide in Article 1 of the Genocide Convention and the undertaking to ensure respect for the Geneva Conventions in common Article 1 of the 1949 Geneva Conventions, analyses the UN Charter framework for Security Council action, and explores whether the recognition of the international responsibility to protect has prompted the emergence of a new norm for general international law.
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.
The United Nations Security Council and War by Vaughan Lowe,Adam Roberts,Jennifer Welsh,Dominik Zaum Pdf
This is the first major exploration of the United Nations Security Council's part in addressing the problem of war, both civil and international, since 1945. Both during and after the Cold War the Council has acted in a limited and selective manner, and its work has sometimes resulted in failure. It has not been - and was never equipped to be - the centre of a comprehensive system of collective security. However, it remains the body charged with primary responsibility for international peace and security. It offers unique opportunities for international consultation and military collaboration, and for developing legal and normative frameworks. It has played a part in the reduction in the incidence of international war in the period since 1945. This study examines the extent to which the work of the UN Security Council, as it has evolved, has or has not replaced older systems of power politics and practices regarding the use of force. Its starting point is the failure to implement the UN Charter scheme of having combat forces under direct UN command. Instead, the Council has advanced the use of international peacekeeping forces; it has authorized coalitions of states to take military action; and it has developed some unanticipated roles such as the establishment of post-conflict transitional administrations, international criminal tribunals, and anti-terrorism committees. The book, bringing together distinguished scholars and practitioners, draws on the methods of the lawyer, the historian, the student of international relations, and the practitioner. It begins with an introductory overview of the Council's evolving roles and responsibilities. It then discusses specific thematic issues, and through a wide range of case studies examines the scope and limitations of the Council's involvement in war. It offers frank accounts of how belligerents viewed the UN, and how the Council acted and sometimes failed to act. The appendices provide comprehensive information - much of it not previously brought together in this form - of the extraordinary range of the Council's activities. This book is a project of the Oxford Leverhulme Programme on the Changing Character of War.
The Rule of Law in the United Nations Security Council Decision-Making Process by Sherif Elgebeily Pdf
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.
The UN Security Council and the International Criminal Court by Gabriel M. Lentner Pdf
Drawing on both theory and practice, this insightful book offers a comprehensive analysis of the relationship between the United Nations Security Council (UNSC) and the International Criminal Court (ICC), centred on the referral mechanism. Arguing that the legal nature of the referral must be conceptualized as a conferral of powers from the UNSC to the ICC, the author explores the complex legal relationship between interacting international organizations.
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.
The United Nations Security Council in the Post-Cold War Era by Kenneth Manusama Pdf
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.
Towards a more accountable United Nations Security Council by Carolyn M Evans Pdf
In Towards a more accountable United Nations Security Council, Carolyn Evans argues that enhanced accountability of the Council, and corresponding evolution of practice, are salutary changes which are feasible to achieve towards the Council better answering its raison d'être.
The nature and scope of UN Security Council decisions - significantly changed in the post-Cold War era - have enormous implications for the conduct of foreign policy. The UN Security Council offers a comprehensive view of the council both internally and as a key player in world politics. Focusing on the evolution of the council's treatment of key issues, the authors discuss new concerns that must be accommodated in the decisionmaking process, the challenges of enforcement, and shifting personal and institutional factors. Case studies complement the rich thematic chapters. The book sheds much-needed light on the central events and trends of the past decade and their critical importance for the future role of the council and the UN in the sphere of international security.