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The Charter of the United Nations was signed in 1945 by 51 countries representing all continents, paving the way for the creation of the United Nations on 24 October 1945. The Statute of the International Court of Justice forms part of the Charter. The aim of the Charter is to save humanity from war; to reaffirm human rights and the dignity and worth of the human person; to proclaim the equal rights of men and women and of nations large and small; and to promote the prosperity of all humankind. The Charter is the foundation of international peace and security.
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
This book analyses the regulatory development for the UN Security Council's exercise of authority with an original perspective of 'proximity'-- a concept that refers to the 'distance' between the UN Security Council's authority to maintain 'international' peace and security.
Selected from the papers presented at the twenty-third International Social Philosophy Conference held in July of 2006 at University of Victoria in Victoria, British Columbia --Preface.
The UN Security Council formally acknowledged an obligation to promote justice and the rule of law in 2003. This volume examines the extent to which the Council has honoured this commitment when exercising its powers under the UN Charter to maintain international peace and security. It discusses both how the concept of the rule of law regulates, or influences, Security Council activity and how the Council has in turn shaped the notion of the rule of law. It explores in particular how this relationship has affected the Security Council’s three most prominent tools for the maintenance of international peace and security: peacekeeping, sanctions and force. In doing so, this volume identifies strategies for better promotion of the rule of law by the Security Council. This book will be of interest to scholars and students of international law, international relations, international development and peacekeeping.
The United Nations, whose specialized agencies were the subject of an Appendix to the 1958 edition of Oppenheim's International Law: Peace, has expanded beyond all recognition since its founding in 1945.This volume represents a study that is entirely new, but prepared in the way that has become so familiar over succeeding editions of Oppenheim. An authoritative and comprehensive study of the United Nations' legal practice, this volume covers the formal structures of the UN as it has expanded over the years, and all that this complex organization does. All substantive issues are addressed in separate sections, including among others, the responsibilities of the UN, financing, immunities, human rights, preventing armed conflicts and peacekeeping, and judicial matters. In examining the evolving structures and ever expanding work of the United Nations, this volume follows the long-held tradition of Oppenheim by presenting facts uncoloured by personal opinion, in a succinct text that also offers in the footnotes a wealth of information and ideas to be explored. It is book that, while making all necessary reference to the Charter, the Statute of the International Court of Justice, and other legal instruments, tells of the realities of the legal issues as they arise in the day to day practice of the United Nations. Missions to the UN, Ministries of Foreign Affairs, practitioners of international law, academics, and students will all find this book to be vital in their understanding of the workings of the legal practice of the UN. Research for this publication was made possible by The Balzan Prize, which was awarded to Rosalyn Higgins in 2007 by the International Balzan Foundation.
The book offers insights on whether international law can shape the politics of the Security Council and conversely, the extent to which the latter contribute to the development of international law. By providing a systematic analysis of the quantity and quality of international legal instruments referred to in the text of resolutions, the book reconstructs patterns of the Security Council’s behavioural regularities and assesses them against the provisions of the United Nations Charter, which establishes its mandate. The analysis is divided into three periods – the origins and Cold War period, post-Cold War period and the twenty-first century – and assesses the resolutions passed in each period by thematic category. The book argues that while international law plays an important role in shaping the politics of the Security Council, the Council’s resolutions do not contribute significantly to the development of international law.
This study provides a comprehensive analysis of the questions pertaining to the powers of the Security Council under Chapter VII of the Charter of the United Nations. In doing so it departs from the premise that an analysis of the limitations to the powers of the Security Council and an analysis of judicial review of such limitations by the ICJ, respectively, are inter-dependent. On the one hand, judicial review would only become relevant if and to the extent that the powers granted to the Security Council under Chapter VII of the Charter are subject to justiciable limitations. On the other hand, the relevance of any limitation to the powers of the Security Council would remain limited if it could not be enforced by judicial review. This inter-dependence is reflected by the fact that Chapters 2 and 3 focus on judicial review in advisory and contentious proceedings, respectively, whereas Chapters 4 to 9 examine the limits to the powers of the Security Council. The concluding chapter subsequently illuminates how the respective limits to the Security Council's enforcement powers could be enforced by judicial review. It also explores an alternative mode of review of binding Security Council decisions that could complement judicial review by the ICJ, notably the right of states to reject illegal Security Council decisions as a 'right of last resort'. The space and attention devoted to the limits to the Security Council's enforcement powers reflects the second aim of this study, namely to provide new direction to this aspect of the debate on the Security Council's powers under Chapter VII of the Charter. It does so by paying particular attention to the role of human rights norms in limiting the type of enforcement measures that the Security Council can resort to in order to maintain or restore international peace and security.
The United Nations Security Council (UNSC) remains an important source of legitimacy for international action. Yet despite dramatic changes in the international system over the past forty-five years, the composition of the UNSC has remained unaltered since 1965, and there are many who question how long its legitimacy will last without additional members that reflect twenty-first century realities. There is little agreement, however, as to which countries should accede to the Security Council or even by what formula aspirants should be judged. Reform advocates frequently call for equal representation for various regions of the world, but local competitors like India and Pakistan or Mexico and Brazil are unlikely to reach a compromise solution. Moreover, the UN Charter prescribes that regional parity should be, at most, a secondary issue; the ability to advocate and defend international peace and security should, it says, be the primary concern.The United States has remained largely silent as this debate has intensified over the past decade, choosing to voice general support for expansion without committing to specifics. (President Obama's recent call for India to become a permanent member of the Security Council was a notable exception.) In this Council Special Report, 2009?2010 International Affairs Fellow Kara C. McDonald and Senior Fellow Stewart M. Patrick argue that American reticence is ultimately unwise. Rather than merely observing the discussions on this issue, they believe that the United States should take the lead. To do so, they advocate a criteria-based process that will gauge aspirant countries on a variety of measures, including political stability, the capacity and willingness to act in defense of international security, the ability to negotiate and implement sometimes unpopular agreements, and the institutional wherewithal to participate in a demanding UNSC agenda. They further recommend that this process be initiated and implemented with early and regular input from Congress; detailed advice from relevant Executive agencies as to which countries should be considered and on what basis; careful, private negotiations in aspirant capitals; and the interim use of alternate multilateral forums such as the Group of Twenty (G20) to satisfy countries' immediate demands for broader participation and to produce evidence about their willingness and ability to participate constructively in the international system.The issues facing the world in the twenty-first century--climate change, terrorism, economic development, nonproliferation, and more--will demand a great deal of the multilateral system. The United States will have little to gain from the dilution or rejection of UNSC authority. In UN Security Council Enlargement and U.S. Interests, McDonald and Patrick outline sensible reforms to protect the efficiency and utility of the existing Security Council while expanding it to incorporate new global actors. Given the growing importance of regional powers and the myriad challenges facing the international system, their report provides a strong foundation for future action.
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