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Despite the decrease in tension between East and West, the world is still faced by many threats to international security: a deteriorating environment, terrorism, drug trafficking, humanitarian emergencies, serious human rights violations and mass exoduses of populations. There is a growing need to devote more attention to how these international security challenges can be dealt with; piecemeal approaches and strategies no longer suffice. The interaction of security issues, and their global nature, call for broad and integrated strategies of management and of governance. States are now discovering that if they are to protect their own interests, they will need to entrust to the international community, through the agency of international organizations, competences for the protection of the common interest and human welfare. The United Nations will be called upon to operate an integrated global watch in the environmental, military, political, economic, social and humanitarian sectors: a system of early-warning can prevent potential political conflicts or humanitarian emergencies. The present work sheds some light on the principles of international law for the conduct of early-warning and preventive diplomacy, and shows the urgent need for the establishment of a true Global Watch. The world is now threatened by problems never experienced before in the history of the international community, and partnership and cooperation will be crucial if the international security challenges of the future are to be addressed successfully.
The "African Yearbook of International Law" provides an intellectual forum for the systematic analysis and scientific dissection of issues of international law as they apply to Africa, as well as Africa's contribution to the progressive development of international law. It contributes to the promotion, acceptance of and respect for the principles of international law, as well as to the encouragement of the teaching, study, dissemination and wider appreciations of international law in Africa. A clear articulation of Africa's views on the various aspects of international law based on the present realities of the continent as well as on Africa's civilization, culture, philosophy and history will undoubtedly contribute to a better understanding among nations. The "African Yearbook of International Law" plays an important role in examining the tensions underlying the State in Africa, and by shedding more light on the causes of the fragility of African State institutions so as to facilitate the identification of appropriate remedies. The tension and interrelationships among issues such as territorial integrity, self determination, ethnic diversity and nation-building are constantly addressed. Development, human rights and democratization in Africa are also the subject of continuous attention and examination. The Special Theme of this volume is: "Civil Conflicts in Africa (Part" "I)/ Les conflits internes en Afrique (1ere partie),"
The end of the cold war did not begin an era of world peace. The forces of marginalization, civil war, and genocide have uprooted whole societies in Africa, the Balkans and the Caucasus. In fact, the end of superpower competition means that the world now lacks external actors powerful enough to intervene successfully in local conflicts. The early 1990s saw the beginning of a search for possibilities for conflict prevention. This work is one of the first to set the analysis of early warning and conflict prevention firmly in the context of the changes and continuities in the structures of post-Cold War politics. Early Warning and Conflict Prevention proceeds from the position that sufficient early warning could enable governments and international organizations to intervene at an early stage, rather than waiting until disputes erupt into violence. It analyses the theoretical and practical complexities of timely warning and effective response in conflict resolution. It also investigates the extent to which conflict prevention has become a concrete element in the policies of governments, non-governmental organizations, and international organizations. The result of an international symposium on early warning and conflict prevention in November 1996, this work examines this significant issue in international relations within the unique political framework of post-Cold War developments, making it an important resource for academics, policymakers, government officials, and others interested in the present and future state of conflict resolution.
Despite the decrease in tension between East and West, the world is still faced by many threats to international security: a deteriorating environment, terrorism, drug trafficking, humanitarian emergencies, serious human rights violations and mass exoduses of populations. There is a growing need to devote more attention to how these international security challenges can be dealt with; piecemeal approaches and strategies no longer suffice. The interaction of security issues, and their global nature, call for broad and integrated strategies of management and of governance. States are now discovering that if they are to protect their own interests, they will need to entrust to the international community, through the agency of international organizations, competences for the protection of the common interest and human welfare. The United Nations will be called upon to operate an integrated global watch in the environmental, military, political, economic, social and humanitarian sectors: a system of early-warning can prevent potential political conflicts or humanitarian emergencies. The present work sheds some light on the principles of international law for the conduct of early-warning and preventive diplomacy, and shows the urgent need for the establishment of a true Global Watch. The world is now threatened by problems never experienced before in the history of the international community, and partnership and cooperation will be crucial if the international security challenges of the future are to be addressed successfully.
This book will consider a rapidly emerging guiding general principle in international relations and, arguably, in international law: the Responsibility to Protect. This principle is a solution proposed to a key preoccupation in both international relations and international law scholarship: how the international community is to respond to mass atrocities within sovereign States. There are three facets to this responsibility; the responsibility to prevent; the responsibility to react, and the responsibility to rebuild. This doctrine will be analysed in light of the parallel development of customary and treaty international legal obligations imposing responsibilities on sovereign states to the international community in key international law fields such as international human rights law, international criminal law and international environmental law. These new developments demand academic study and this book fills this lacuna by rigorously considering all of these developments as part of a trend towards assumption of international responsibility. This must include the responsibility on the part of all states to respond to threats of genocide, crimes against humanity, ethnic cleansings and large-scale war crimes. The discussion surrounding aggravated state responsibility is also explored, with the author concluding that this emerging norm within international law is closely related to the responsibility to protect in its imposition of an international responsibility to act in response to an international wrong. This book will be of great interest to scholars on international law, the law of armed conflict, security studies and IR in general.
It is generally considered that the UN Security Council has been galvanised since the end of the Cold War. However, the existence and development of armed conflicts remain the reality in the international scene. Is the upsurge in instances of invoking Chapter VII of the UN Charter truly a sign of the invigoration of the Security Councila (TM)s authority or mere evidence of its failure to prevent the aggravation of armed conflicts? To what extent is the Security Council authorised to exercise the peacekeeping power in order to take a more flexible approach to conflict management from an earlier stage of conflict? This book explores the potential of the UN peacekeeping power, placing Article 40 of the UN Charter at the centre of the legal regime governing peacekeeping measures. It traces the origins of peacekeeping measures primarily in the experience of the League of Nations and identifies Article 40 of the Charter as the primary legal basis for, and the legal restraints upon, the exercise of the peacekeeping power. It examines the regulatory framework within which the United Nations, particularly the Security Council, is authorised and may even be required to direct peacekeeping measures to prevent the aggravation of armed conflicts. It suggests that the legal accountability of the Security Council in directing peacekeeping measures will be enhanced by utilising procedural mechanisms for self-regulation
Each year, many thousands of child civilians are killed, injured, or otherwise physically and psychologically harmed as a result of armed conflicts. There is a considerable body of international law which aims to minimise the harm inflicted on these children, and yet it is little known, orobserved. This book is the first major international legal text to focus exclusively on child civilians. It addresses three main questions: (1) what are the precise rules incorporated in the pertinent body of law, and what are its implementation mechanisms? (2) how effective is it (with reference torecent conflicts involving Iraq) in helping to achieve some protection for child civilians? and (3) can it be rendered more effective? The book concludes by proposing a number of strategies to strengthen the impact of the applicable law. As the first detailed analysis of the surprisingly large bodyof law relevant to the treatment of child civilians, this book is an important contribution to a topical and highly charged human rights issue.
This book is truly unique in that it presents a series of cases in which conflict prevention efforts have been successful at the United Nations and in other international organizations. It presents detailed case studies of the methods used and the diplomacy applied to head off conflicts or to contain them swiftly. Some of the chapters are riveting in their details. The book is the first on conflict prevention as actually applied in practice. It gives a convincingly positive answer to the question: 'Does conflict prevention work in practice?'.It does! The book also contains up-to-date accounts of the policies and practices of early warning and preventive action in a series of international and regional organizations, including ASEAN, the African Union, IGAD and the United Nations. Practice is thus presented alongside evolving policies and programmes. The book deals not only with efforts to prevent conflicts but also to head off gross violations of human rights - an urgent challenge of our times. As Professor Paul Kennedy of Yale University writes in his Foreword, the excellent essays in this volume make it a truly valuable book. At a time when the United Nations is searching for the way forward, this book provides valuable leads for the practice of conflict prevention. It is essential reading for peace-builders, peacemakers and human rights practitioners.
In the spirit of the 50th anniversary of the United Nations and the United Nations Decade of International Law, the contributors to Perspectives on International Law honour with this legal treatise a devoted friend of the United Nations and international law, Judge Manfred Lachs - a noted judge, diplomat, humanist and, above all, teacher. The work includes a variety of perspectives on international law relating to what were Judge Lachs' four main areas of interest: the theory and practice of international law, the United Nations, the World Court, and space law. The book meets the need for a reference work covering selected subject areas and providing different perspectives on some of the key issues of current concern. Many eminent experts in various fields related to international law, including Judges of the International Court of Justice, diplomats, and professors of law - most of whom knew Judge Lachs personally - have contributed. Each chapter has been prepared specifically for the book. The contributors represent all political, legal and cultural regions of the world and provide a range of backgrounds and viewpoints, offering a variety of new ideas for strengthening international law, based on their assessment of the lessons of the past.
An Introduction to Contemporary International Law: A Policy-Oriented Perspective introduces the reader to all major aspects of contemporary international law. It applies the highly acclaimed approach developed by the New Haven School of International Law, holding international law as an ongoing process of authoritative decision-making through which the members of the world community identify, clarify, and secure their common interests. Unlike conventional works in international law, this book is organized and structured in terms of the process of decision making in the international arena, and references both classic historical examples and contemporary events to illustrate international legal processes and principles. Using contemporary examples, this Third Edition builds on the previous editions by contextualizing and dramatizing recent events with reference to seven features that characterize the New Haven School approach to international law: participants, perspectives, arenas of decision, bases of power, strategies, outcomes, and effects. This new edition highlights cutting-edge ideas in international law, including the right to self-determination, the evolution of Taiwan statehood, the expanding scope of international concern and the duty of states to protect human rights, the trend towards greater accountability for states and individual decision-makers under international law, and the vital role individual responsibility plays in the emerging field of international criminal law. It offers a new generation the intellectual tools needed to act as responsible citizens in a world community seeking human dignity and human security for all people.