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This book examines one of the most important challenges facing the United Nations today: the effective and lawful use of force by or under the authority of the UN to maintain or restore peace. It makes a significant contribution to the content of the law pertaining to the use of force by the UN and provides guidance as to the likely future developments in the legal framework governing collective action to maintain peace under the auspices of the United Nations.
Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.
Preventing humanitarian atrocities is becoming as important for the United Nations as dealing with inter-state war. In this book, Ramesh Thakur examines the transformation in UN operations, analysing its changing role and structure. He asks why, when and how force may be used and argues that the growing gulf between legality and legitimacy is evidence of an eroded sense of international community. He considers the tension between the US, with its capacity to use force and project power, and the UN, as the centre of the international law enforcement system. He asserts the central importance of the rule of law and of a rules-based order focused on the UN as the foundation of a civilised system of international relations. This book will be of interest to students of the UN and international organisations in politics, law and international relations departments, as well as policymakers in the UN and other NGOs.
The role of the United Nations in collective security has been evolving since its inception in 1945. This book explores collective security as practiced within the legal framework provided by the United Nations Charter, with a particular focus upon activity undertaken under the auspices of the UN Security Council, the body conferred by the Charter with the primary responsibility for the maintenance of international peace and security. Although the book is primarily grounded in international law, where appropriate it also draws upon relevant political insights in order to present a clear picture of the UN collective security system in operation and the factors which impact upon the way in which it functions. Offering a comprehensive analysis it considers the full range of measures which can be utilised by the UN in the performance of its collective security remit including military enforcement action, peacekeeping, non-military sanctions and diplomacy. The book considers each of these measures in detail, assessing the legal framework applicable to the form of action, the main legal controversies which arise in respect of their appropriate utilisation, and the UN’s use of this collective security ‘tool’ in practice. The book draws conclusions about the main strengths and shortcomings of the various means through which the UN can attempt to prevent, minimise or end conflict.
This is the first major exploration of the United Nations Security Council's part in addressing the problem of war, both civil and international, since 1945. Both during and after the Cold War the Council has acted in a limited and selective manner, and its work has sometimes resulted in failure. It has not been - and was never equipped to be - the centre of a comprehensive system of collective security. However, it remains the body charged with primary responsibility for international peace and security. It offers unique opportunities for international consultation and military collaboration, and for developing legal and normative frameworks. It has played a part in the reduction in the incidence of international war in the period since 1945. This study examines the extent to which the work of the UN Security Council, as it has evolved, has or has not replaced older systems of power politics and practices regarding the use of force. Its starting point is the failure to implement the UN Charter scheme of having combat forces under direct UN command. Instead, the Council has advanced the use of international peacekeeping forces; it has authorized coalitions of states to take military action; and it has developed some unanticipated roles such as the establishment of post-conflict transitional administrations, international criminal tribunals, and anti-terrorism committees. The book, bringing together distinguished scholars and practitioners, draws on the methods of the lawyer, the historian, the student of international relations, and the practitioner. It begins with an introductory overview of the Council's evolving roles and responsibilities. It then discusses specific thematic issues, and through a wide range of case studies examines the scope and limitations of the Council's involvement in war. It offers frank accounts of how belligerents viewed the UN, and how the Council acted and sometimes failed to act. The appendices provide comprehensive information - much of it not previously brought together in this form - of the extraordinary range of the Council's activities. This book is a project of the Oxford Leverhulme Programme on the Changing Character of War.
The collective security system has been a problem in developing regions, particularly Africa. Western powers have less interest in sharing responsibility and there seems to be no alternative but that collective security should rely heavily on Africans themselves under the auspices of the newly established African Union (AU).
Taking as its central argument the question of whether an intelligence system is both desirable and feasible within the UN structure, this study explores the complex and sometimes, irreconcilable issues of strategic intelligence in a sharing context. This study further identifies and develops both conceptual and empirical framework for a viable intelligence capability in multi-agency institutions; exploring and suggesting, for the first time, necessary and acceptable conditions for collective intelligence in an environment characterised by conflicting objectives among international actors. It takes as its main premise the view that the United Nations and the world of intelligence are two separate and contradicting entities that conflict in both principles and operating doctrines. From this point of view, the author explores the many theoretical imperatives which set the two institutions apart and stand in the way of understanding the concepts. He also goes further to examine the contexts in which the contradictions could be harmonised. This book is one of a handful of studies; it is highly original in that it focuses on the relationship between intelligence and the United Nations. While previous efforts to examine the subject have approached it from a strictly practical point of view, this work is clearly focused on the linkages between theory and practice. The methodology is thoughtful and broad in scope, and the work is theoretically well informed and sophisticated in its analysis of the subject matter. The discussion of aspects of the theory of international relations--specifically those relevant to the role of international governance and the examination of the working of the UN--and several case studies of the UN in action are further characteristics of the rigor and clarity in which the author approaches the study in an intelligent and illuminating manner. While the book's many contributions can be found at various levels of originality, its thorough assessment of the linkage between theory and policy stands out, perhaps, as the most important and primary contribution to the areas of collective intelligence and international relations. Other important contributions include the case study analyses and specification of criteria for evaluating collective security intelligence mechanisms. In essence, a lack of scholarly efforts to ground the notion of collective intelligence within a rigorous intellectual framework is a significant vacuum in the study of intelligence which the present study has filled. Scholars working within the international relations discipline and more specifically issues of global governance and security will find this study invaluable. The book should also appeal to many categories of readers working in information and policy environment, as well as governmental and non-governmental organisations.
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.
This book is a study of the future of international law as well as the future of the United Nations. It is the first study ever bringing together the laws, policies and practices of the UN for the protection of the earth, the oceans, outer space, human rights, victims of armed conflicts and of humanitarian emergencies, the poor, the vulnerable and the disadvantaged world-wide. It reviews unprecedented dangers and challenges facing humanity such as climate change and weapons of mass destruction, and argues that the international law of the future must become an international law of security and of protection. It submits that the concept of international security in the UN Charter can no longer be restricted to situations of armed conflict but must be given its natural meaning: whatever threatens the security of humanity. It calls for the Security Council to perform its role as the guardian of the security of humankind and sees a leadership role for the UN Secretary-General in analysing and presenting challenges of international security and protection to the Security Council for its attention. Written by a seasoned scholar / practitioner of international law and the United Nations, who has served in key policy, peacemaking, peacekeeping and human rights positions in the United Nations, this book offers indispensable new vistas of international law and policy, and the future role of the United Nations.
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.