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The era of liberal interventionism is over, and the prevailing international discourse is once again about defending state borders and putting up walls. This broad re-assertion of sovereignty and non-intervention—-often considered the normative foundation of the BRICS countries, of the Non-Aligned Movement, of Bandung, of the “Westphalian” South—-raises a series of difficult questions, not least about the management of challenges shared by all. How are we to make sense of re-organisations of intervention and non-intervention in global order? Recently the dominant way of approaching these issues has been through the lens of cosmopolitan or liberal-solidarist duties, including the Responsibility to Protect. Yet it seems doubtful that this framework is still capable of posing the right questions or generating the right sorts of answers. This volume offers a new approach that provincializes the conventional debate, de-naturalises what it takes as universal or given, and lays out a series of alternatives at a time when non-intervention, quite suddenly, seems everywhere in the discourse of international society. It does so through a genealogy of the intervention concept since 1945. Intervention before Interventionism is about the ways in which statespeople have re-ordered intervention and non-intervention since the middle of the twentieth century; it is concerned primarily with non-Western contestations of Western-dominated order; it illustrates institutional change in and through decolonization; and it provides a conceptual roadmap for understanding dilemmas of intervention and non-intervention today, particularly in relation to contestation as it has re-emerged in the twenty-first century. While building upon and conversing with existing literature, the book stands out from previous approaches insofar as it is a mapping of international struggles for the re-constitution of intervention in the globalization of the society of states.
Efforts to reform the use of the veto -- Conclusions -- 11 Accountability -- Introduction -- Self-regulation -- The accountability, coherence and transparency (ACT) group -- The Office of the Ombudsperson -- Sibling UN organs -- The International Court of Justice -- Potential coordination with the ICJ -- The General Assembly -- Conclusions -- Final conclusions -- Index
The UN treats the global environment as a problem for international law and economic development-but not as part of its mandate to promote peace and champion human rights. In this pathbreaking book, a leading scholar of global environmental governance suggests reforms to mobilize peacebuilding, conflict sensitivity, and rights-based approaches as tools for environmental protection.
International anti-terrorism measures existed long before 11 September 2001 but have increased markedly since. A myriad of norms in different branches of law are now deployed to confront transnational and domestic terrorism. There is also a proliferating body of 'soft law' addressing terrorism, stemming from United Nations organs, specialised international bodies and regional organisations. It is timely to draw together these diverse legal developments over time into a single reference work. Bringing the original documents together provides for ease of reference and enables scholars, practitioners and students to more easily compare and contrast various sources. The book's coverage is comprehensive (thematically, organisationally, geographically and temporally) and open to a balance of sources (hard and soft), but is judicious in its selection and prioritisation of the most significant and representative documents - in a field where there are many repetitive or insubstantial documents. Importantly, the book looks beyond the traditional trans-Atlantic bias towards European, British and American sources in this area to include materials from Asia, Africa, Latin America and the Middle East. Taken as a whole, the book aids in evidencing the emerging field of international anti-terrorism law.
Now in its 12th year, the NILOS Documentary Yearbook provides the reader with an excellent collection of documents related to ocean affairs and the law of the sea, issued each year by organizations, organs and bodies of the United Nations system. Documents of the UN General Assembly, Meeting of State Parties to the 1982 UN Law of the Sea Convention, ISBA, ITLOS, Follow-Up to the UN Straddling Fish Stocks and Small Island States Conferences, Panama Canal, ECOSOC, UNEP and UNCTAD are included first, followed by the documents of FAO, IAEA, IMO, UNESCO/IOC. As in the previous volumes, documents which were issued in the course of 1996 are reproduced, while other relevant documents are listed. The NILOS Documentary Yearbook has proved to be of invaluable assistance in facilitating access by the community of scholars and practitioners in ocean affairs and the law of the sea to essential documentation. The entry of the 1992 UN Law of the Sea Convention into force on 16th November 1994 and of the Part XI Agreement - on 28 July 1996, and progress in the implementation of Chapter 17 of Agenda 21, make continuation of this assistance of particular significance in the years to come. The members of the Yearbook's Advisory Board are: Judges Abdul Koroma and Shigeru Oda of the ICJ, Judges Thomas Mensah, Dolliver Nelson and Tullio Treves of the ITLOS, as well as Rosalie Balkin, Edward Brown, Lee Kimball, Bernard Oxman and Shabtai Rosenne.
This is the first comprehensive look at the human rights dimensions of the work of the only body within the United Nations system capable of compelling action by its member states. Known popularly for its failure to prevent mass atrocities in Rwanda, the former Yugoslavia, and Syria, the breadth and depth of the Security Council's work on human rights in recent decades is much broader. This book examines questions including: how is the Security Council dealing with human rights concerns? What does it see as the place of human rights in conflict prevention, peacemaking and peacekeeping? And how does it address the quest for justice in the face of gross violations of human rights? Written by leading practitioners, scholars and experts, this book provides a broad perspective that describes, explains and evaluates the contribution of the Security Council to the promotion of human rights and how it might more effectively achieve its goals.
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?