Letter Dated 79 02 12 From The Permanent Representative Of China To The United Nations Addressed To The President Of The Security Council
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The Rule of Law in the United Nations Security Council Decision-Making Process
Author | : Sherif Elgebeily |
Publisher | : Routledge |
Total Pages | : 221 |
Release | : 2017-03-31 |
Genre | : Law |
ISBN | : 1315413434 |
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 Charter of the United Nations
Author | : |
Publisher | : Oxford University Press |
Total Pages | : 6378 |
Release | : 2024-07-04 |
Genre | : Law |
ISBN | : 0192679732 |
Since the third edition of this commentary on the Charter of the United Nations was published in 2012, the text of the Charter has not changed DL but the world has. Central pillars of the international order enshrined in the UN Charter are facing serious challenges, notably the prohibition of the use of force. Human rights, too, have come under increasing pressure, now also from contemporary information technology. Global warming poses fundamental challenges for the world community as a whole in its effort to stabilize global ecosystems. Fully updated, the commentary takes up these and other developments. It features new chapters on Climate Change and the Human Rights Council. The commentary remains the authoritative, article-by-article account of the legislative history, interpretation, and practical application of each and every Charter provision. Written by a team of distinguished scholars and practitioners, this book combines academic research with the insights of practice. It is an indispensable tool of reference for all those interested in the United Nations and its legal significance for the world community. The Commentary will be crucial in combining solid legal foundations with new directions for the development of international law and the United Nations in the twenty-first century
US Hegemony and International Legitimacy
Author | : Lavina Rajendram Lee |
Publisher | : Routledge |
Total Pages | : 320 |
Release | : 2010-02-05 |
Genre | : History |
ISBN | : 1135166269 |
This book examines US hegemony and international legitimacy in the post-Cold War era, focusing on its leadership in the two wars on Iraq. The preference for unilateral action in foreign policy under the Bush Administration, culminating in the use of force against Iraq in 2003, has unquestionably created a crisis in the legitimacy of US global leadership. Of central concern is the ability of the United States to act without regard for the values and interests of its allies or for international law on the use of force, raising the question: does international legitimacy truly matter in an international system dominated by a lone superpower? US Hegemony and International Legitimacy explores the relationship between international legitimacy and hegemonic power through an in depth examination of two case studies – the Gulf Crisis of 1990-91 and the Iraq Crisis of 2002-03 – and examines the extent to which normative beliefs about legitimate behaviour influenced the decisions of states to follow or reject US leadership. The findings of the book demonstrate that subordinate states play a crucial role in consenting to US leadership and endorsing it as legitimate and have a significant impact on the ability of a hegemonic state to maintain order with least cost. Understanding of the importance of legitimacy will be vital to any attempt to rehabilitate the global leadership credentials of the United States under the Obama Administration. This book will be of much interest to students of US foreign policy, IR theory and security studies. Lavina Rajendram Lee is a lecturer in the Department of Modern History, Politics and International Relations at Macquarie University, Australia, and has a PhD in International Relations from the University of Sydney.
Reforming the UN Security Council Membership
Author | : Sabine Hassler |
Publisher | : Routledge |
Total Pages | : 346 |
Release | : 2013 |
Genre | : Law |
ISBN | : 0415505909 |
This book places the discussion on reform of the Security Council membership in the context of its primary responsibility at the helm of the UN collective security system.
Nomination of Philip C. Jessup
Author | : United States. Congress. Senate. Committee on Foreign Relations |
Publisher | : |
Total Pages | : 1706 |
Release | : 1951 |
Genre | : United States |
ISBN | : |
The Law Against War
Author | : Olivier Corten |
Publisher | : Bloomsbury Publishing |
Total Pages | : 790 |
Release | : 2021-07-29 |
Genre | : Law |
ISBN | : 1509949003 |
Praise for previous edition: “...a comprehensive, meticulously-researched study of contemporary international law governing the use of armed force in international relations...' Andrew Garwood-Gowers, Queensland University of Technology Law Review, Volume 12(2) When this first English language edition of The Law Against War published it quickly established itself as a classic. Detailed, analytically rigorous and comprehensive, it provided an indispensable guide to the legal framework regulating the use of force. Now a decade on the much anticipated new edition brings the work up to date. It looks at new precedents arising from the Arab Spring; the struggle against the "Islamic State" in Iraq and Syria; and the conflicts in Ukraine and Yemen. It also reflects the new doctrinal debates surrounding recent state practice. Previous positions are reconsidered and in some cases revised, notably the question of consensual intervention and the very definition of force, particularly, to accommodate targeted extrajudicial executions and cyber-operations. Finally, the new edition provides detailed coverage of the concept of self-defense, reflecting recent interpretations of the International Court of Justice and the ongoing controversies surrounding its definition and interpretation.
Military Assistance on Request and the Use of Force
Author | : Erika De Wet |
Publisher | : Oxford University Press |
Total Pages | : 206 |
Release | : 2020-03-26 |
Genre | : Law |
ISBN | : 0191087238 |
In countries such as Syria, Iraq, South Sudan, and Yemen, internationally recognized governments embroiled in protracted armed conflicts, and with very little control over their territory, have requested direct military assistance from other states. These requests are often accepted by the other states, despite the circumvention of the United Nations Security Council and extensive violation of international humanitarian law and human rights. In this book, Erika De Wet examines the authority entitled to extend a request for (or consent to) direct military assistance, as well as the type of situations during which such assistance may be requested, notably whether it may be requested during a civil war. Ultimately, De Wet addresses the question of if and to what extent the proliferation of military assistance on the request of a recognized government is changing the rules in international law applying to the use of force.
The Use of Force in International Law
Author | : Tom Ruys |
Publisher | : Oxford University Press |
Total Pages | : 1274 |
Release | : 2018-04-26 |
Genre | : Law |
ISBN | : 019108719X |
The international law on the use of force is one of the oldest branches of international law. It is an area twinned with the emergence of international law as a concept in itself, and which sees law and politics collide. The number of armed conflicts is equal only to the number of methodological approaches used to describe them. Many violent encounters are well known. The Kosovo Crisis in 1999 and the US-led invasion of Iraq in 2003 spring easily to the minds of most scholars and academics, and gain extensive coverage in this text. Other conflicts, including the Belgian operation in Stanleyville, and the Ethiopian Intervention in Somalia, are often overlooked to our peril. Ruys and Corten's expert-written text compares over sixty different instances of the use of cross border force since the adoption of the UN Charter in 1945, from all out warfare to hostile encounters between individual units, targeted killings, and hostage rescue operations, to ask a complex question. How much authority does the power of precedent really have in the law of the use of force?