RESISTING UNITED NATIONS SECURITY COUNCIL RESOLUTIONS ROUTLEDGE RESEARCH IN INTERNATIONAL LAW

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Resisting United Nations Security Council Resolutions

Author : Sufyan Droubi
ISBN : 9781317964285
Genre : Law
File Size : 58.68 MB
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The United Nations Security Council has primary responsibility for maintaining international peace and security. In discharging its powers it must act in accordance with the Purposes and Principles of the UN, and observe the rules governing voting and procedure established in the Organisation’s Charter. The Council adopts mandatory resolutions that may establish obligations for members and non-members, and such obligations trump conflicting obligations originating from any other international agreement. Member States must cooperate with the Organisation and among themselves, in the implementation of any action prescribed by the Council against States whose behaviour the Council considers an act of aggression, or a threat to, or breach of, international peace and security. This book analyses resistance to Security Council resolutions and puts forward a theory of lawful resistance. Sufyan Droubi takes a positivist approach to the UN Charter regarding it as a constitution. Special emphasis is placed on the construction of the Charter’s meaning through the practice of both organs and Members of the UN and on the need to enhance the effectiveness of the Organization with due respect to the rule of law. The book proposes that nonviolent resistance to a mandatory resolution of the Security Council, on grounds that the latter is incompatible with the Charter or jus cogens norms, may be considered lawful under the Charter if some elements are present. In exploring a number of case studies of individual and collective State resistance to mandatory Council resolutions, the book proposes that resistance may function as a rudimentary instrument of accountability and protection of the Charter and jus cogens, in the absence of more mature mechanisms of judicial review. The book will be of excellent use and interest to scholars and students of constitutional international law and international relations.
Category: Law

The Strategic Use Of International Law By The United Nations Security Council

Author : Rossana Deplano
ISBN : 9783319212814
Genre : Law
File Size : 57.97 MB
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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.
Category: Law

Complexity Theory And Law

Author : Jamie Murray
ISBN : 9781351658171
Genre : Law
File Size : 45.53 MB
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This collection of essays explores the different ways the insights from complexity theory can be applied to law. Complexity theory – a variant of systems theory – views law as an emergent, complex, self-organising system comprised of an interactive network of actors and systems that operate with no overall guiding hand, giving rise to complex, collective behaviour in law communications and actions. Addressing such issues as the unpredictability of legal systems, the ability of legal systems to adapt to changes in society, the importance of context, and the nature of law, the essays look to the implications of a complexity theory analysis for the study of public policy and administrative law, international law and human rights, regulatory practices in business and finance, and the practice of law and legal ethics. These are areas where law, which craves certainty, encounters unending, irresolvable complexity. This collection shows the many ways complexity theory thinking can reshape and clarify our understanding of the various problems relating to the theory and practice of law.
Category: Law

The Responsibility To Protect

Author : SONJA GROVER
ISBN : 9781134989614
Genre : Political Science
File Size : 48.59 MB
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This book presents the views of various international law and human rights experts on the contested meaning, scope of application, value and viability of R2P; the principle of the Responsibility to Protect . R2P refers to the notion that the international community has a legal responsibility to protect civilians against the potential or ongoing occurrence of the mass atrocity crimes of genocide, large scale war crimes, ethnic cleansing and crimes against humanity. R2P allows for intervention where the individual State is unable or unwilling to so protect its people or is in fact a perpetrator. The book addresses also the controversial issue of whether intervention by States implementing R2P with or without the endorsement of the United Nations Security Council constitutes a State act of aggression or instead is legally justified and not an infringement on the offending State’s sovereign jurisdiction. The adverse impact on global peace and security of the failure to protect civilians from mass atrocity crimes has put in stark relief the need to address anew the principle of ‘responsibility to protect’ and the feasibility and wisdom of its application and this book is a significant contribution to that effort. This book was originally published as a special issue of the International Journal of Human Rights.
Category: Political Science

International Counterterrorism Bureaucracies In The United Nations And The European Union

Author : Hendrik Hegemann
ISBN : 9781474243179
Genre : Political Science
File Size : 87.22 MB
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Since the attacks of September 11, 2001 a complex web of international structures and rules for the fight against transnational terrorism has emerged. However, previous research disregarded the organizational basis of counterterrorism cooperation. Using the example of bureaucratic actors in the United Nations and the European Union, this study examines how and to what degree international counterterrorism bureaucracies exercise autonomy and perform distinct functions. The book reveals the special ambivalence of counterterrorism cooperation for international bureaucracies, which need to reconcile calls for effective counterterrorism with the need to maintain an impression of technical impartiality in a particularly contested policy-field. They respond to this challenge with different strategies of politicization and depoliticization.
Category: Political Science

The Irish Yearbook Of International Law

Author : Fiona de Londras
ISBN : 9781509909193
Genre : Law
File Size : 48.45 MB
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The Irish Yearbook of International Law (IYIL) supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, Ireland and the Law of the Sea and the law of the European Union as relevant to developments in Ireland. In addition, the Yearbook reproduces key documents that reflect Irish practice on contemporary issues of international law. Publication of The Irish Yearbook of International Law makes Irish practice and opinio juris more readily available to governments, academics and international bodies when determining the content of international law. In providing a forum for the documentation and analysis of North-South relations the Yearbook also makes an important contribution to post-conflict and transitional justice studies internationally. As a matter of editorial policy, the Yearbook seeks to promote a multilateral approach to international affairs, reflecting and reinforcing Ireland's long-standing commitment to multilateralism as a core element of foreign policy. The ninth volume of The Irish Yearbook of International Law engages with contemporary issues in international law, raising questions both as to the conceptual underpinnings of international law in relation to the Responsibility to Protect doctrine, and state practice in fields such as Law of the Sea and belligerent occupation, prosecution of war crimes in domestic courts, and the evolving field of international disability law.
Category: Law

Gender Governance And International Security

Author : Nicola Pratt
ISBN : 9781134924301
Genre : Political Science
File Size : 32.65 MB
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The United Nations Security Council, in 2000, unanimously passed a resolution calling for women’s increased participation in conflict prevention and peacebuilding, as well as their protection during conflict. This marked the first time that the UN Security Council explicitly addressed gender issues in ‘conflict’ and ‘post-conflict’ situations. But what difference has this international agenda on ‘Women, Peace and Security’ made to women’s lives on the ground and to the governance of international peace and security? This volume provides a critical evaluation of the mainstreaming of gender issues in matters of international peace and security resulting from the passage of Resolution 1325 in 2000. It considers how this agenda actually plays out in different contexts, and with what implications for women’s activism and for peace and security. The picture that emerges is not uniform, obliging us to reconsider the links between gender, conflict, different visions of peace and, consequently, different projects of peacebuilding. Consequently, the book poses new questions for transnational feminist scholars and activists. This book was based on a special issue of the International Feminist Journal of Politics.
Category: Political Science

The United Nations Human Rights Council

Author : Rosa Freedman
ISBN : 9781135115142
Genre : Law
File Size : 28.61 MB
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The United Nations Human Rights Council was created in 2006 to replace the UN Commission on Human Rights. The Council’s mandate and founding principles demonstrate that one of the main aims, at its creation, was for the Council to overcome the Commission’s flaws. Despite the need to avoid repeating its predecessor's failings, the Council’s form, nature and many of its roles and functions are strikingly similar to those of the Commission. This book examines the creation and formative years of the United Nations Human Rights Council and assesses the extent to which the Council has fulfilled its mandate. International law and theories of international relations are used to examine the Council and its functions. Council sessions, procedures and mechanisms are analysed in-depth, with particular consideration given to whether the Council has become politicised to the same extent as the Commission. Whilst remaining aware of the key differences in their functions, Rosa Freedman compares the work of the Council to that of treaty-based human rights bodies. The author draws on observations from her attendance at Council proceedings in order to offer a unique account of how the body works in practice. The United Nations Human Rights Council will be of great interest to students and scholars of human rights law and international relations, as well as lawyers, NGOs and relevant government agencies.
Category: Law

The Un General Assembly

Author : M. J. Peterson
ISBN : 0415343895
Genre : Law
File Size : 89.20 MB
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The United Nations General Assembly is arguably the most important discussion forum for global politics. This book examines the history, organisation and politics of the institution and assesses its future prospects.
Category: Law

Genocide In Darfur

Author : Samuel Totten
ISBN : 9781135926182
Genre : Political Science
File Size : 34.51 MB
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In response to the ongoing mass murder of Black Sudanese groups in the Darfur region of Sudan by Sudanese government troops and Arab militias, the US government sent the Darfur Atrocities Documentation Team to various points along the Chad/Sudan in order to interview refugees from Darfur. Based on their investigation, US Secretary of State Colin Powell formally announced that ‘genocide has occurred in Darfur and may still be occurring.’ The United States officially accused the government of Sudan of perpetrating genocide - the first time that any government has officially and publicly accused another government of genocide. As a result the United States played a key role in pressuring the United Nations Security Council to pass a resolution calling for several measures, including an official UN Commission of Inquiry to conduct a genocide investigation in Sudan itself. This was the first time that any signatory of the Genocide Convention actually triggered provisions of the Convention requiring a UN Security Council response while genocide was occurring. This book is comprised of essays from contributors who were involved in designing the project and hiring and training investigators, interpreters, and support personnel; US government and nongovernmental organization (NGO) officials involved in the genesis of the project as well as the analysis of the data; and numerous scholars, not all of whom were directly involved with the project, who critique aspects of the documentation project as well as its significance.
Category: Political Science