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This is the first comprehensive treatment of the reasons why international organizations have engaged in territorial administration. The book describes the role of international territorial administration and analyses the various purposes associated with this activity, revealing the objectives which territorial administration seeks to achieve.
Seminar paper from the year 2006 in the subject Politics - Other International Politics Topics, grade: 1,7, University of Constance, course: International Interim Administration, language: English, abstract: Since the end of the cold war the number of UN peacekeeping missions raised drastically. This development within international affairs has been labelled the “new interventionism” (see for example Yannis 2002b: 826). But not only the absolute numbers increased, also the scope of these missions has undergone some fundamental changes. The mandates of traditional peacekeeping operations are expanded allowing UN forces to be actively engaged in operations which can be better described as peacebuilding missions (Brahimi 2000, Mortimer 2004: 10). However, the term “peacebuilding” is still not integrating the phenomenon of UN forces running the entire domestic administration of post-conflict societies. Within the scientific discussion the term “international interim administration” is therefore seen as more accurate to describe UN operations in territories such as Cambodia, Liberia, and Eastern Slavonia. This article adds to the scientific discourse by focusing on two of the most recent cases of UN Interim Administration: the United Nations Interim Administration Mission in Kosovo (UNMIK) and the United Nations Transitional Administration in East Timor (UNTAET). Whereas the UNTAET ended in 2002 with the release of East Timor into independence, UNMIK is still continuing and the question of the Kosovo’s final status remains open. While the outcome of these missions seems to be very different they were both facing similar difficulties which are characteristically for interim administrations. Therefore this paper is going to point out some specific problems and challenges of these missions. Special attention in this context will be directed towards the following issues. Taking the respective UN resolutions as a starting point for examination the article will take into account the challenges that are derived from the structure of the mandate and the question of state sovereignty in the context of international interim administration. Being amongst the most important aspects within those missions, the article additionally addresses the UN’s organisational capacity to accomplish these wide-ranging missions and the establishment of ad-hoc judicial systems.
The main challenges within international human rights law are generally thought to be in the fields of transitional justice, non-state actors, terrorism, development, poverty and environmental degradation. This volume of articles not only covers these mainstream challenges but also a wider and more systematic range, including justiciability of social and economic rights, extraterritoriality, health care and investment arbitration. The key literature selected for this collection includes articles that have appeared in mainstream journals and books from leading publishers as well as papers that have appeared in lesser known journals, hard to find books and UN documents. Some of these are classic essays whilst others are more recent additions that reflect the current state of the debate. The papers are put into context by a specially commissioned introduction by the volume editor. This volume is an invaluable resource for human rights lawyers in search of the key literature in fields outside their own specialization as well as for students, researchers and lecturers seeking an overview of the challenges in human rights law.
What happens after a governing body is ousted during the course of armed conflict? In some cases, international organizations like the United Nations will appoint other States or itself to administer the transition of the post-conflict State to a place of lasting peace. In practice, however, this mission is hardly linear and becomes further complicated when these administrations are faced with threats to the fragile peace. Security Detention in International Territorial Administrations examines the legal and policy questions surrounding the behavior of these post-conflict administrations. This includes discussion about apportionment of responsibility in peace support operations, norm conflict issues in UN Security Council resolutions, and requirements of international human rights law in the fulfillment of these missions. The discussion concludes with a survey of security detention practices in three recent post-conflict administrations in Kosovo, East Timor, and Iraq.
The Oxford Handbook on United Nations Peacekeeping Operations presents an innovative, authoritative, and accessible examination and critique of the United Nations peacekeeping operations. Since the late 1940s, but particularly since the end of the cold war, peacekeeping has been a central part of the core activities of the United Nations and a major process in global security governance and the management of international relations in general. The volume will present a chronological analysis, designed to provide a comprehensive perspective that highlights the evolution of UN peacekeeping and offers a detailed picture of how the decisions of UN bureaucrats and national governments on the set-up and design of particular UN missions were, and remain, influenced by the impact of preceding operations. The volume will bring together leading scholars and senior practitioners in order to provide overviews and analyses of all 65 peacekeeping operations that have been carried out by the United Nations since 1948. As with all Oxford Handbooks, the volume will be agenda-setting in importance, providing the authoritative point of reference for all those working throughout international relations and beyond.
This work deals with the question of unlawful territorial situations, i.e. territorial regimes that are established and maintained in defiance of international law.The book represents a welcome contribution to an issue of the outmost importance in international affairs at present times. It brings together elaborate theoretical discussion and thorough empirical research. Students of international law, practitioners, and anyone interested in deepening the understanding of the role and relevance of international law to territorial occupation will greatly benefit from this study.
This "Liber Amicorum" is published at the occasion of Judge Lucius Caflisch's retirement from a distinguished teaching career at the Graduate Institute of International Studies of Geneva, where he served as Professor of International Law for more than three decades, and where he has also held the position of Director. It was written by his colleagues and friends, from the European Court of Human Rights, from universities all around the world, from the Swiss Foreign Affairs Ministry and many other national and international institutions. The "Liber Amicorum Lucius Caflisch" covers different fields in which Judge Caflisch has excelled in his various capacities, as scholar, representative of Switzerland in international conferences, legal adviser of the Swiss Foreign Affairs Ministry, counsel, registrar, arbitrator and judge. This collective work is divided into three main sections. The first section examines questions concerning human rights and international humanitarian law. The second section is devoted to the international law of spaces, including matters regarding the law of the sea, international waterways, Antarctica, and boundary and territorial issues. The third section addresses issues related to the peaceful settlement of disputes, both generally and with regard to any particular means of settlement. The contributions are in both English and French.
This book critically analyses diverse international criminal law (ICL) issues in light of recent developments in the international criminal justice system following the pursuit of accountability in Africa and around the world. It gives a scholarly analysis of issues pertaining to ICL and the pursuit of accountability in Africa by way of several topics including universal jurisdiction in Africa, Boko Haram in Nigeria, the legitimacy of the ICTR, the law of genocide committed against the Herero and Nama peoples, the African perspective on international co-operation in criminal matters, the Malabo Protocol, and whether an African Regional Court is a viable alternative to the ICC. Further discussed are other aspects of ICL, such as prosecuting sexual and gender-based crimes at the ICC, sexual and gender-based crimes perpetrated against men, guilty pleas within ICL and slavery within international criminal justice. With this, the book also refers to the jurisprudence of several international courts and tribunals including the ICTR, the ICTY, the SCSL, the ICC, the ECCC, the KSC, and the STL. This timely contributed volume updates international criminal law experts, practitioners, academics, human rights activists and other stakeholders on contemporary developments in ICL and provides recommendations that address accountability for mass atrocity crimes and ideas for strategic ICL litigation at the national, international, regional and sub-regional levels. It will prompt constructive exchanges on what can be improved in prosecuting mass atrocity crimes around the world. Takeh B.K. Sendze is an Advocate and Legal Officer with the United Nations International Residual Mechanism for Criminal Tribunals in Arusha, Tanzania. Adesola Adeboyejo is a Trial Lawyer at the International Criminal Court. Sir Howard Morrison QC is a former International Judge and an Associate Tenant at Doughty Street Chambers in London, United Kingdom. Sophia Ugwu is a Solicitor and Advocate who founded the Centre for African Justice, Peace and Human Rights in The Hague, The Netherlands.
Since 1985, the Law School at the University of Hull has hosted an annual lecture - the Josephine Onoh Memorial Lecture - given by a distinguished international lawyer. These annual lectures are funded by the Josephine Onoh Memorial Fund, established in 1984 by the family and friends of Josephine Onoh who was tragically killed in an air crash at Enugu, Nigeria, in November 1983. Josephine was a Hull law graduate, and at the time of her death was registered at the University for a research degree in the field of international law. This book contains a collection of these annual lectures. The first lecture in 1985 was given by the late Judge Taslim Elias, at that time President of the International Court of Justice. Subsequent lectures have been given by both leading practitioners and professors of international law, including Sir Robert Jennings, Bin Cheng, Sir Ian Sinclair, Philip Allott, Henry Schermers, Lord Mackenzie-Stuart, Alexandre-Charles Kiss, Dame Rosalyn Higgins, Peter Sand, Ian Brownlie, Christopher Greenwood, Marti Koskenniemi, and Ralph Zacklin. The lectures reflect some of the most significant international concerns of the last two decades. The subjects they address include new trends in international law, international courts and politics, the practitioner's view of international law, international law and revolution, the European Convention of Human Rights, European Community law concepts, the global environment and international law, the current role of the United Nations, international environmental trust funds, international boundary law, international law and imperialism, and humanitarian intervention. This important collection of essays by some of the leading international law figures of our generation will be of equal value to all interested in international law, whether the academic or the practitioner.
Responsibility to Protect: Research, bibliography, background. Supplementary volume to the Report of the International Commission on Intervention and State Sovereignty