The Security Council As Global Legislator
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| Author | : Vesselin Popovski |
| Publisher | : Routledge |
| Total Pages | : 350 |
| Release | : 2014-07-11 |
| Genre | : Political Science |
| ISBN | : 131780225X |
Security Council resolutions have undergone an important evolution over the last two decades. While continuing its traditional role of determining state-specific threats to peace and engaging accordingly in various peaceful or coercive measures, the Security Council has also adopted resolutions that have effectively imposed legal obligations on all United Nations member states. This book seeks to move away from the discussions of whether the Security Council – in the current composition and working methods – is representative, capable or productive. Rather it assesses whether legislative activity by the Security Council can be beneficial to international peace and security. The authors examine and critique the capacities of the Security Council to address thematic international threats - such as terrorism, weapons proliferations, targeting of civilians, recruitment of child soldiers, piracy – as an alternative to the traditional model of addressing country-specific situations on a case-by-case basis. Ultimately, the book seeks to assess the efficacy of the Security Council as global legislator in terms of complementing the Security Council’s mandate for the maintenance of international peace and security with a preventative and norm-setting capacity. The book presents views from a diverse range of Security Council stakeholders including academic scholars, political analysts, and international lawyers. This resource will be of great interest to students of international relations, international organizations and international security studies alike.
| Author | : Axel Marschik |
| Publisher | : |
| Total Pages | : 38 |
| Release | : 2005 |
| Genre | : |
| ISBN | : |
In the 1990s the UN Security Council accreted new functions and responsibilities: to administer territories, establish tribunals to try individuals for war crimes, delineate borders, decide on questions of compensation, and determine juridically-salient facts. This paper considers the relevant resolutions, but argues that until 2001, these activities were linked directly to a territorially-specific international conflict aimed at restoring peace and order. With SC-Resolution 1373(2001) the Security Council created general and abstract obligations in the field of counter-terrorism that, under Chapter VII of the Charter, are immediately binding on all States. While one such legislative act could be considered an aberration, the acceptance of SC-1373 by the states, and the prevailing political dynamic, has prompted the Council to engage in more of this generally-applicable non-localized law-making. Resolution 1540 (2004) on obligations of all states concerning weapons of mass destruction, has provoked much more intense reactions.This paper analyzes the implications of these two resolutions, and argues that continuation of this trend may have significant consequences for the creation of international law. Traditionally, states have the freedom to choose whether they wish to be bound by a norm: they can choose not to sign treaties or they can persistently object to the formation of custom. The creation of international law also relies on the principle of legal equality of the states creating the norm. General legislation by the Council via Chapter VII of the Charter supersedes both these principles. This paper assesses advantages and disadvantages of such lawmaking by the Council as well as possible remedies for potential problems.
| Author | : |
| Publisher | : Routledge |
| Total Pages | : 260 |
| Release | : |
| Genre | : |
| ISBN | : 113597358X |
| Author | : Alessandro Mariani |
| Publisher | : |
| Total Pages | : |
| Release | : 2007 |
| Genre | : |
| ISBN | : |
With its counter-terrorism strategy, the Security Council is becoming de facto a new "global legislator" beyond its traditional powers under Chapter VII of the UN Charter. Is the legislative trend of the Security Council legitimate and effective in the fight against global terrorism?
| Author | : Alan Boyle |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2016 |
| Genre | : |
| ISBN | : |
Since the adoption of the 1992 UN Framework Convention on Climate Change (UNFCCC), international climate change law-making has chiefly been the prerogative of the treaty bodies established under the Convention and its Protocol. The adoption of the Paris Agreement in December 2015 is an important step forward for the multilateral climate change framework, but, despite its rapid entry into force, it is still too early to tell whether the Paris Agreement will prove to be an effective and successful intergovernmental framework for tackling climate change. Nor is it necessarily the only relevant institution in the climate change regime. Given the urgency of climate change and the glacial pace of multilateral climate law-making, the idea of exploiting the United Nations Security Council's legislative and enforcement powers to lead global efforts on climate change therefore holds a significant appeal. This chapter focuses on the use of the Council's legislative and enforcement powers to help states get out of the climate change law-making quagmire. Firstly, the chapter analyses the powers and practice of the Council both as a global legislator, and in enforcing states' obligations. Secondly, the chapter considers how existing Council law-making and enforcement powers can be applied to climate change. The chapter concludes by reflecting on advantages and disadvantages of Council's legislative and enforcement action in relation to climate change.
| Author | : Vesselin Popovski |
| Publisher | : Routledge |
| Total Pages | : 351 |
| Release | : 2014-07-11 |
| Genre | : Political Science |
| ISBN | : 1317802241 |
Security Council resolutions have undergone an important evolution over the last two decades. While continuing its traditional role of determining state-specific threats to peace and engaging accordingly in various peaceful or coercive measures, the Security Council has also adopted resolutions that have effectively imposed legal obligations on all United Nations member states. This book seeks to move away from the discussions of whether the Security Council – in the current composition and working methods – is representative, capable or productive. Rather it assesses whether legislative activity by the Security Council can be beneficial to international peace and security. The authors examine and critique the capacities of the Security Council to address thematic international threats - such as terrorism, weapons proliferations, targeting of civilians, recruitment of child soldiers, piracy – as an alternative to the traditional model of addressing country-specific situations on a case-by-case basis. Ultimately, the book seeks to assess the efficacy of the Security Council as global legislator in terms of complementing the Security Council’s mandate for the maintenance of international peace and security with a preventative and norm-setting capacity. The book presents views from a diverse range of Security Council stakeholders including academic scholars, political analysts, and international lawyers. This resource will be of great interest to students of international relations, international organizations and international security studies alike.
| Author | : Erika De Wet |
| Publisher | : Intersentia nv |
| Total Pages | : 175 |
| Release | : 2003 |
| Genre | : Human rights |
| ISBN | : 9050953077 |
Recent resolutions of the United Nations Security Council, notably those resulting in the freezing of assets of individuals and organisations suspected of involvement in international terrorism, have had far-reaching consequences for member states and individuals. In addition, they might conflict with international human rights standards that are binding on the Security Council itself. In light of the limited possibility for reviewing the legality of these resolutions on the international level, individuals have recently begun to challenge their implementation on the national and regional level. This emerging practice raises the question whether states and regional organisations such as the EU can engage in such review and, if so, to what extent.
| Author | : Sabine Hassler |
| Publisher | : Routledge |
| Total Pages | : 346 |
| Release | : 2012-12-12 |
| Genre | : Law |
| ISBN | : 1135137080 |
This book comprehensively examines the different proposals put forward for reforming the UN Security Council by analysing their objectives and exploring whether the implementation of these proposals would actually create a representative and more effective Security Council. The book places the discussion on reform of Security Council membership in the context of the council’s primary responsibility, which is at the helm of the UN collective security system. The author contends that only a Council that is adequately representative of the UN membership can claim to legitimately act on the members’ behalf. This book offers an inquiry into the Council’s constitutional framework and how far that framework still reflects the expectations and intentions of the founding nations, whilst remaining flexible enough to satisfy today’s, and possibly tomorrow’s, membership. Through the use of policy-oriented jurisprudence and elements of the International Law/International Relations theory this book explores how reform can best be realised. Reforming the UN Security Council Membership will be of particular interest to scholars and students of International Law and International Relations.
| Author | : Arianna Vedaschi |
| Publisher | : Cambridge University Press |
| Total Pages | : 525 |
| Release | : 2021-07-15 |
| Genre | : Law |
| ISBN | : 1009020587 |
Twenty years after the outbreak of the threat posed by international jihadist terrorism, which triggered the need for democracies to balance fundamental rights and security needs, 9/11 and the Rise of Global Anti-Terrorism Law offers an overview of counter-terrorism and of the interplay among the main actors involved in the field since 2001. This book aims to give a picture of the complex and evolving interaction between the international, regional and domestic levels in framing counter-terrorism law and policies. Targeting scholars, researchers and students of international, comparative and constitutional law, it is a valuable resource to understand the theoretical and practical issues arising from the interaction of several levels in counter-terrorism measures. It also provides an in-depth analysis of the role of the United Nations Security Council.
| Author | : Nico J. Schrijver |
| Publisher | : BRILL |
| Total Pages | : 314 |
| Release | : 2020-01-13 |
| Genre | : Law |
| ISBN | : 900442539X |
Conventional wisdom has it that the successful functioning of the UN Security Council almost completely depends on the role played by its five permanent members and the extent to which they can agree—or avoid to fundamentally disagree—on the many issues on the Council’s agenda. But the Council also consists of ten non-permanent or elected members who represent five different regions of the world, and who, though not vested with the right of veto, play an indispensable role in Council decision-making. This book aims to take a closer look at that role.
