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Peacekeeping has been the technique most frequently used by, and associated with, the United Nations to end conflicts and to preserve peace. In addition, international and regional organizations have also performed peacekeeping functions. Since the establishment of the first UN peacekeeping mission, UNEF I, in 1956, international lawyers have raised questions about the legal aspects of these operations. Traditionally, they analyzed the constitutional basis for peacekeeping and tried to allocate the authority under the UN Charter for peacekeeping among the Security Council, the General Assembly and the Secretary General. They discussed the use of force by peacekeepers, the applicability of in...
In The Legality and Legitimacy of the Use of Force in Northeast Asia, Brendan Howe and Boris Kondoch bring together distinguished authors with extensive Northeast Asian backgrounds to offer a diverse and comprehensive evaluation of when it is right, from regional perspectives, to use force in international relations. The use of force in international relations has been severely curtailed by pragmatic considerations of international order, and further constrained by positive international law. In Northeast Asia, the prohibition of aggression has remained uncontested. Strict adherence to non-intervention in Northeast Asia has, however, increasingly come under attack from internal and external normative communities. The contributors, therefore, use regional legal, normative, cultural, and historical insights to shed light on the contemporary positions of Northeast Asian political communities with regard to the use of force.
The centrality of treaties to the international legal system requires little emphasis. Not only is the treaty a source of law that the International Court of Justice (ICJ) is bound to apply when resolving international disputes, but it is also the medium through which the vast preponderance of international legal intercourse is now conducted. The essays contained in this informative volume disclose a wide variety of opinion on a broad range of issues concerning the conclusion, application and termination of treaties.
This book critically re-evaluates the problem of sex between international personnel and local people and offers regulatory solutions to legal problems.
Based on best-practice rules of global importance, this Handbook offers authoritative commentary and analysis of the international law of military operations, encompassing self-defence, peace operations, and other uses of force. Renowned international lawyers offer insight into the relevant principles and provisions.
This 2005 book discusses the legitimacy of the international criminal law regime. It explains the development of the system of international criminal law enforcement in historical context, from antiquity through the Nuremberg and Tokyo Trials, to modern-day prosecutions of atrocities in the former Yugoslavia, Rwanda and Sierra Leone. The modern regime of prosecution of international crimes is evaluated with regard to international relations theory. The book then subjects that regime to critique on the basis of legitimacy and the rule of law, in particular selective enforcement, not only in relation to who is prosecuted, but also the definitions of crimes and principles of liability used when people are prosecuted. It concludes that although selective enforcement is not as powerful as a critique of international criminal law as it was previously, the creation of the International Criminal Court may also have narrowed the substantive rules of international criminal law.
This is a new examination of Nordic approaches to peace operations after the Cold War and how they have remained relevant. They continue to have much to offer to both academics and practitioners in this particular field.
This book is a study of regime change in the context of international administration, where the United Nations and other multilateral organisations hold temporary executive authority at the domestic level. Work on the politics of state-building has highlighted how these administration operations can influence nearly every aspect of politics in the country or territory in which they are deployed. This book concentrates in particular on the 'regime-building' practices of these missions, and examines the aims and influences of international administrations in the area of democratic development, as well as their ultimate impact on the process of regime change. Through a comparative analysis of e...
Confronted with the practical legal aspects of Peace Support Operations (PSO) in their daily work, the two authors realized that there was an urgent need for the international community of military and civilian lawyers, law enforcement agencies, policy makers, legal advisers and military commanders dealing with these types of missions to have a guidebook analyzing, questioning and providing some solutions to the practical legal aspects intrinsic in them and which are often known only to those who have been serving in the field. It was therefore decided to create a tool to record and diffuse the know-how acquired by those who have been directly confronted with these issues, in the field and a...
The Responsibility to Protect (R2P) is intended to provide an effective framework for responding to crimes of genocide, ethnic cleansing, war crimes, and crimes against humanity. It is a response to the many conscious-shocking cases where atrocities - on the worst scale - have occurred even during the post 1945 period when the United Nations was built to save us all from the scourge of genocide. The R2P concept accords to sovereign states and international institutions a responsibility to assist peoples who are at risk - or experiencing - the worst atrocities. R2P maintains that collective action should be taken by members of the United Nations to prevent or halt such gross violations of basic human rights. This Handbook, containing contributions from leading theorists, and practitioners (including former foreign ministers and special advisors), examines the progress that has been made in the last 10 years; it also looks forward to likely developments in the next decade.