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In this book, the author outlines three independent bases for the existence of legal limits to the veto by UN Security Council permanent members while atrocity crimes are occurring. The provisions of the UN Charter creating the veto cannot override the UN's 'Purposes and Principles', nor jus cogens (peremptory norms of international law). There are also positive obligations imposed by the Geneva and Genocide Conventions in situations of war crimes and genocide - conventions to which all permanent members are parties. The author demonstrates how vetoes and veto threats have blocked the Security Council from pursuing measures that could have prevented or alleviated atrocity crimes (genocide, crimes against humanity, war crimes) in places such as Myanmar, Darfur, Syria, and elsewhere. As the practice continues despite regular condemnation by other UN member states and repeated voluntary veto restraint initiatives, the book explores how the legality of this practice could be challenged.
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.
Using a unique application of Third World Approaches to International Law (TWAIL), this book provides a critical, interdisciplinary, examination of the contemporary practice of UN peacekeeping. Is peacekeeping intervention? Since its conception in the mid-1950s, peacekeeping has significantly evolved from traditional, lightly armed, passive operations to robust, multi-dimensional stabilisation peacekeeping operations. This raises questions as to whether this is simply a natural evolution of peacekeeping or whether it marks an expansion of the concept beyond its boundaries, pushing it into the realm of peace enforcement or intervention. In response, this book examines the frameworks which govern UN peacekeeping and seeks to understand the relationship between peacekeeping and the principle of non-intervention. Providing practical examples from the United Nations’ operations in the Democratic Republic of the Congo and drawing upon interviews with key international actors including UN personnel, the book explores the boundaries of peacekeeping, contending that peacekeeping, at times, becomes a form of intervention. This, the book argues, is detrimental both to the concept of peacekeeping and to the host state, and it concludes by offering a series of recommendations to re-affirm peacekeeping’s boundaries and amplify the effectiveness of contemporary peacekeeping. This book will be of interest to scholars and students in international law, international relations, politics, history and criminology.
International law is usually conservative, with lawyers and judges emphasizing consistency, stability and predictability as the major advantages of the law. Legal scholars often prefer not to challenge the status quo, to suggest amendments, or to reform institutions, advocating simply to focus on the implementation of the laws that already exist. This collection stands different. It shares the authors’ discomfort with the present legal order and some of its institutions and courts, and dives into either a corrective or a profound reimagination of these, so that they can better address rising global challenges. Leading experts in their areas present their new and cutting-edge perspectives. Divided into six parts, the volume paints a vast yet solid thematic landscape of unique and critical approaches. The book invites and allows for a deep engagement with a wide range of opinions from across the world. It enables a free and courageous reimagining of the international legal order, detached from the endless feasibility skepticism. The work will be fascinating reading for students, academics and researchers working in the areas of International Law and International Relations.
A textbook introduction to international law and justice is specially written for students studying law in other departments, such as politics and IR. Students will engage with debates surrounding sovereignty and global governance, sovereign and diplomati
A compelling study of the interaction between regional agencies and the UN Security Council that includes a proposal for a regional-global security mechanism, which should be of interest to policy makers worldwide. This ground-breaking exploration into how peace and security might best be attained in the 21st century, its central message is the importance of realizing UN Secretary-General Kofi Annan's vision of a "regional-global security mechanism" within the next decade. The book reviews the historical tussle between universalism and regionalism as the cornerstone of international security over the past century, culminating in the "new regionalism" that has characterised international relations in recent decades. The complexities of contemporary regional, sub-regional and other organizations, blessed and burdened with overlapping membership, evolving mandates, and even shifting "focal areas" are analysed. The "multidimensional phenomenon" of regional security is explored--cultural, political and legal--with a view to understanding how regional organizations work today. This book is one of those rare offerings--a policy-oriented prescription for peace and security that is based on factual analysis and creative reasoning. It is a must for national diplomats, regional officials, and international civil servants.
This report examines the use of these entities in nearly all cases of corruption. It builds upon case law, interviews with investigators, corporate registries and financial institutions and a 'mystery shopping' exercise to provide evidence of this criminal practice.