The United Nations And Collective Security

The United Nations and Collective Security PDF
Author: Gary Wilson
Publisher: Routledge
ISBN: 1136028161
Size: 58.23 MB
Format: PDF, ePub, Mobi
Category : Law
Languages : en
Pages : 248
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The role of the United Nations in collective security has been evolving since its inception in 1945. This book explores collective security as practiced within the legal framework provided by the United Nations Charter, with a particular focus upon activity undertaken under the auspices of the UN Security Council, the body conferred by the Charter with the primary responsibility for the maintenance of international peace and security. Although the book is primarily grounded in international law, where appropriate it also draws upon relevant political insights in order to present a clear picture of the UN collective security system in operation and the factors which impact upon the way in which it functions. Offering a comprehensive analysis it considers the full range of measures which can be utilised by the UN in the performance of its collective security remit including military enforcement action, peacekeeping, non-military sanctions and diplomacy. The book considers each of these measures in detail, assessing the legal framework applicable to the form of action, the main legal controversies which arise in respect of their appropriate utilisation, and the UN’s use of this collective security ‘tool’ in practice. The book draws conclusions about the main strengths and shortcomings of the various means through which the UN can attempt to prevent, minimise or end conflict.

The Security Council And The Use Of Force

The Security Council and the Use of Force PDF
Author: Niels M. Blokker
Publisher: Martinus Nijhoff Publishers
ISBN: 9004146423
Size: 59.74 MB
Format: PDF, Docs
Category : Political Science
Languages : en
Pages : 308
View: 1450

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This book addresses the authority of the UN Security Council to regulate the use of force. In particular, it examines the question of whether the present composition, functions, and powers of the Security Council are adequate to meet recent demands, such as the need perceived by states to use force in cases of humanitarian emergency and pre-emptive action in response to international terrorism and the proliferation of weapons of mass destruction. Is the Security Council still well positioned today to deal with these demands and challenges? In seeking a response, the book analyzes both Charter law and Security Council practice. It addresses not only the hotly debated recent crises concerning Kosovo, Afghanistan, and Iraq, but also resolutions dealing with the use of force by peacekeeping operations. A number of issues relating to the right of self-defence are analyzed, as are the emerging new roles of NATO and the African Union. Separate chapters of the book are devoted to the current discussion concerning the reform of the Security Council. A particular feature of the book is the interaction between academics and practitioners as well as between theory and reality.

Determination Of The Legality In International Law Of Direct Intervention In Iraq On The Authority Of Security Council Resolution 1441

Determination of the Legality in International Law of Direct Intervention in Iraq on the Authority of Security Council Resolution 1441 PDF
Author: Patrick Wagner
Publisher: GRIN Verlag
ISBN: 3638747190
Size: 14.64 MB
Format: PDF, Docs
Category :
Languages : en
Pages : 36
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Essay from the year 2003 in the subject Law - European and International Law, Intellectual Properties, grade: 1 (A), University of Kent (Kent Law School), 12 entries in the bibliography, language: English, abstract: International law provides for a general prohibition of the use or the threat of use of force to settle international disputes. Only very few exceptions from this rule exist and are clearly defined in the UN Charter. The question must thus be, if resolution 1441 constitutes such an exception of the rule and thus authorises the use of force against Iraq. A close examination of the resolution shall therefore be the starting point of this discussion. However, it must be said that the wording of any Security Council resolution is subject to individual interpretation. A second step must thus be to apply rules for the interpretation of Security Council resolutions if such rules exist at all. It appears that only very little authoritative guidelines to the interpretation of Security Council resolutions exist and that thus the only reliable source of guidance is previous interpretations. Those promoting direct intervention in Iraq without a further resolution refer to NATO bombings of Kosovo. Similarly to the present situation in Iraq, the Security Council did not explicitly authorise the use of force in that case either. Later, the international community claimed that because no agreement could be reached in the Security Council, military action without Security Council authorisation was necessary in order to prevent genocide. The argument being of course, that a legitimate aim could justify the use of illegal means. The question whether direct intervention in Iraq can be legitimate on the basis of resolution 1441 seems to be a much broader question, which embraces moral and ethical considerations, too. Unfortunately, a discussion of the moral and ethical legitimacy of intervention in Iraq cannot be the topic

The Authority Of The Security Council Under Chapter Vii Of The Un Charter

The Authority of the Security Council Under Chapter VII of the UN Charter PDF
Author: David Schweigman
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041116413
Size: 39.75 MB
Format: PDF, Kindle
Category : Political Science
Languages : en
Pages : 354
View: 725

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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 Use Of Force In Un Peacekeeping

The Use of Force in UN Peacekeeping PDF
Author: Peter Nadin
Publisher: Routledge
ISBN: 1351332465
Size: 54.99 MB
Format: PDF, Kindle
Category : Political Science
Languages : en
Pages : 320
View: 1196

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This edited volume provides a detailed and nuanced analysis of UN peacekeeping and the use of force, to inform a better understanding of the complex and interconnected issues at stake for the UN community. Peacekeeping is traditionally viewed as a largely passive military activity, governed by the principles of impartiality, consent, and the minimum use of force. Today, most large UN Peacekeeping Operations are only authorized to use force in defence of their mandates and to protect civilians under imminent threat of physical violence. Recently, with the deployment of the Force Intervention Brigade in the DRC, the UN has gone beyond peacekeeping and into the realm of peace-enforcement. These developments have brought to the fore questions regarding the use of force in the context of peacekeeping. The key questions addressed in this book examine not only the utility of force, but also the dilemmas and constraints inherent to the purposive use of force at a strategic, operational and tactical level. Should UN peacekeepers exercise military initiative? Is UN peacekeeping capable of undertaking offensive military operations? If so, then under what circumstances should peacekeepers use force? How should force be wielded? And against whom? With chapters written by experts in the field, this comprehensive volume will be of great use and interest to postgraduate students, academics and experts in international security, the UN, peacekeeping and diplomacy.

The Use Of Force And International Law

The Use of Force and International Law PDF
Author: Christian Henderson
Publisher: Cambridge University Press
ISBN: 1108643418
Size: 46.25 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages :
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The Use of Force and International Law offers an authoritative overview of international law governing the resort to force. Looking through the prism of the contemporary challenges that this area of international law faces, including technology, sovereignty, actors, compliance and enforcement, this book addresses key aspects of international law in this area: the general breadth and scope of the prohibition of force, what is meant by 'force', the use of force through the UN and regional organisations, the use of force in peacekeeping operations, the right of self-defence and the customary limitations upon this right, forcible intervention in civil conflicts, the controversial doctrine of humanitarian intervention. Suitable for advanced undergraduate and postgraduate students, academics and practitioners, The Use of Force and International Law offers a contemporary, comprehensive and accessible treatment of the subject.

The Law Against War

The Law Against War PDF
Author: Olivier Corten
Publisher: Bloomsbury Publishing
ISBN: 1847316050
Size: 28.18 MB
Format: PDF
Category : Law
Languages : en
Pages : 569
View: 1976

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The Law against War is a translated and updated version of a book published in 2008 in French (Le droit contre la guerre, Pedone). The aim of this book is to study the prohibition of the use of armed force in contemporary positive international law. Some commentators claim that the field has undergone substantial changes arising especially since the end of the Cold War in the 1990s. More specifically, several scholars consider that the prohibition laid down as a principle in the United Nations Charter of 1945 should be relaxed in the present-day context of international relations, a change that would seem to be reflected in the emergence of ideas such as 'humanitarian intervention', 'preventive war' or in the possibility of presuming Security Council authorisation under certain exceptional circumstances. The argument in this book is that while marked changes have been observed, above all since the 1990s, the legal regime laid down by the Charter remains founded on a genuine jus contra bellum and not on the jus ad bellum that characterised earlier periods. 'The law against war', as in the title of this book, is a literal rendering of the familiar Latin expression and at the same time it conveys the spirit of a rule that remains, without a doubt, one of the cornerstones of public international law. From the Foreword by Bruno Simma 'Corten's book is weighty not just by its size, but above all through the depth and comprehensiveness with which it analyzes the entirety of what the author calls the law against war, the jus contra bellum... Corten tackles his immense task with a combination of methodical rigour, applying modern positivism and abstaining from constructions of a lex ferenda, and great sensibility for the political context and the ensuing possibilities and limitations of the legal regulation of force.'

To What Extent Do Legal Norms Relating To The Use Of Armed Force Influence Governments Desire To Secure Security Council Endorsement Of Their Military Actions

To what extent do legal norms relating to the use of armed force influence governments    desire to secure Security Council endorsement of their military actions  PDF
Author: Timo Dersch
Publisher: GRIN Verlag
ISBN: 3656332916
Size: 36.55 MB
Format: PDF, ePub, Mobi
Category : Political Science
Languages : en
Pages : 4
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Essay from the year 2012 in the subject Politics - International Politics - Topic: International Organisations, grade: 1, University of Massachusetts - Amherst, language: English, abstract: In his article on The Political Origins of the UN Security Council’s Ability to Legitimize the Use of Force, Erik Voeten states that the observation of state behavior could lead us to the assumption that it is costly for a state to not get the Security Council’s (SC) approval for a forceful action against another state. Costly, could on the one hand refer to an extreme increase considering funding issues. Without proper legitimization, it seems to be harder for states to find cooperatives because, “governments are more willing to cooperate voluntarily once the SC has conferred its blessing” (Voeten 528). This leads to higher funding costs for the operating state. On the other hand, the costs of a unilateral act might lie in the decline of support and reputation a state government gets within the international society and amongst its own population in general. Therefore, Voeten seems to argue that political elites do not necessarily consider the SC as an, “independent judgment on the appropriateness of an intervention”, but rather behave rationally in trying to minimize the costs by getting, “political reassurance about the consequences of proposed military adventures” (527). Why does this institution possess the legitimization to give them this reassurance? And to what extent does this legitimization lie in the legal structure and norms it has incorporated? The following essay shall deal with Voeten’s observations of increasing state acceptance and trust in the authorization of the SC, and his explanations for this process. Furthermore, it shall focus on the factor of legal norms and argue for a high importance of the legal norms influence while constituting and providing the foundation of the SC’s status in the international society. In connection to this I will highlight the critique which was raised by several scholars and politicians as well, that todays structure of the SC might not be appropriate anymore and restructuring could help in continuing its increase in legitimacy.

The Use Of Force In Islam

The Use of Force in Islam PDF
Author: Waseem Ahmad Qureshi
Publisher:
ISBN: 9789693710625
Size: 22.50 MB
Format: PDF, ePub, Mobi
Category : Aggression (International law)
Languages : en
Pages : 223
View: 6692

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Recourse To Force

Recourse to Force PDF
Author: Thomas M. Franck
Publisher: Cambridge University Press
ISBN: 1139434950
Size: 67.36 MB
Format: PDF, Docs
Category : Law
Languages : en
Pages : 205
View: 1020

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The nations that drafted the UN Charter in 1945 clearly were more concerned about peace than about justice. As a result, the Charter prohibits all use of force by states except in the event of an armed attack or when authorised by the Security Council. This arrangement has only very imperfectly withstood the test of time and changing world conditions. In requiring states not to use force in self-defence until after they had become the object of an actual armed attack, the Charter failed to address a growing phenomenon of clandestine subversion and of instantaneous nuclear threats. Fortunately although the Charter is very hard to amend, the drafters did agree that it should be interpreted flexibly by the United Nations' principal political institutions. In this way the norms governing use of force in international affairs have been adapted to meet changing circumstances and new challenges. The book also relates these changes in law and practice to changing public values pertaining to the balance between maintaining peace and promoting justice.