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The United Nations Security Council has primary responsibility for maintaining international peace and security. In discharging its powers it must act in accordance with the Purposes and Principles of the UN, and observe the rules governing voting and procedure established in the Organisation’s Charter. The Council adopts mandatory resolutions that may establish obligations for members and non-members, and such obligations trump conflicting obligations originating from any other international agreement. Member States must cooperate with the Organisation and among themselves, in the implementation of any action prescribed by the Council against States whose behaviour the Council considers an act of aggression, or a threat to, or breach of, international peace and security. This book analyses resistance to Security Council resolutions and puts forward a theory of lawful resistance. Sufyan Droubi takes a positivist approach to the UN Charter regarding it as a constitution. Special emphasis is placed on the construction of the Charter’s meaning through the practice of both organs and Members of the UN and on the need to enhance the effectiveness of the Organization with due respect to the rule of law. The book proposes that nonviolent resistance to a mandatory resolution of the Security Council, on grounds that the latter is incompatible with the Charter or jus cogens norms, may be considered lawful under the Charter if some elements are present. In exploring a number of case studies of individual and collective State resistance to mandatory Council resolutions, the book proposes that resistance may function as a rudimentary instrument of accountability and protection of the Charter and jus cogens, in the absence of more mature mechanisms of judicial review. The book will be of excellent use and interest to scholars and students of constitutional international law and international relations.
The aim of this study is not to explore all of the problems that arise today in security threats and conflict management, but to seek to understand the role of a particular institution--the Security Council--and the changes now affecting its modes of intervention and its interaction with international actors--great powers, regional organizations, non-state actors.
Phillip Y. Lipscy explains how countries renegotiate international institutions when rising powers such as Japan and China challenge the existing order. This book is particularly relevant for those interested in topics such as international organizations, such as United Nations, IMF, and World Bank, political economy, international security, US diplomacy, Chinese diplomacy, and Japanese diplomacy.
This text is a revised edition and contains new material documenting the extensive and rapid innovations in the UN Security Council's procedures of the past two decades. It provides insight into the inside workings of the world's pre-eminent body for the maintenance of international peace and security. Grounded in the history and politics of the Council, it describes the ways the Council has responded through its working methods to a changing world. It explains the Council's role in its wider UN Charter context and examines its relations with other UN organs and its own subsidiary bodies.
In this volume Kushtrim Istrefi explores the normative and policy effects of European court decisions as regards Security Council targeted sanctions and security detentions interfering with fundamental rights.
The nature and scope of UN Security Council decisions - significantly changed in the post-Cold War era - have enormous implications for the conduct of foreign policy. The UN Security Council offers a comprehensive view of the council both internally and as a key player in world politics. Focusing on the evolution of the council's treatment of key issues, the authors discuss new concerns that must be accommodated in the decisionmaking process, the challenges of enforcement, and shifting personal and institutional factors. Case studies complement the rich thematic chapters. The book sheds much-needed light on the central events and trends of the past decade and their critical importance for the future role of the council and the UN in the sphere of international security.
Fifty years after the adoption of the Declaration on Permanent Sovereignty over Natural Resources by the General Assembly of the United Nations in December 1962, this volume assesses the evolution of the principle of permanent sovereignty over natural resources into a principle of customary international law as well as related developments. International environmental and human rights law leave unresolved questions regarding the limitations of this principle, e.g. extraterritorial and international influences such as the applicable criminal and tort law, as well as the extraterritorial and international promotion of good governance, including transparency obligations.
This volume comprehensively evaluates the current state and future reform prospects of the UN Security Council, providing the most accessible and rigorous treatment of the subject of reform to date. Apart from a couple of critical eyes in the academic community, few have asked the pertinent questions that this volume seeks to address: Will the enlargement of the Council constitute a reform? Could the inclusion of countries such as India, Germany, Japan, and Brazil markedly improve the Council’s agency? In response, this book focuses on: The Role and Agency of the UN Security Council The History of the Reform Debate An Expanded Council Working Method Reforms Enhancing Agency As the future of the UN Security Council continues to be the focus of fierce debate, this book will be essential reading for students of international relations, international organizations and international security studies alike.