Petulant and Contrary: Approaches by the Permanent Five Members of the UN Security Council to the Concept of 'threat to the peace' under Article 39 of the UN Charter PDF Download
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Author: Tamsin Phillipa Paige
Publisher: BRILL
ISBN: 9004391428
Category : Law
Languages : en
Pages : 344
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Book Description
Aside from self-defence, a UN Security Council authorisation under Chapter VII is the only exception to the prohibition on the use of force. Authorisation of the use of force requires the Security Council to first determine whether that situation constitutes a ‘threat to the peace’ under Article 39. The Charter has long been interpreted as placing few bounds around how the Security Council arrives at such determinations. As such commentators have argued that the phrase ‘threat to the peace’ is undefinable in nature and lacking in consistency. Through a critical discourse analysis of the justificatory discourse of the P5 surrounding individual decisions relating to ‘threat to the peace’ (found in the meeting transcripts), this book demonstrates that each P5 member has a consistent definition and understanding of what constitutes a ‘threat to the peace’.
Author: Tamsin Phillipa Paige
Publisher: BRILL
ISBN: 9004391428
Category : Law
Languages : en
Pages : 344
Get Book Here
Book Description
Aside from self-defence, a UN Security Council authorisation under Chapter VII is the only exception to the prohibition on the use of force. Authorisation of the use of force requires the Security Council to first determine whether that situation constitutes a ‘threat to the peace’ under Article 39. The Charter has long been interpreted as placing few bounds around how the Security Council arrives at such determinations. As such commentators have argued that the phrase ‘threat to the peace’ is undefinable in nature and lacking in consistency. Through a critical discourse analysis of the justificatory discourse of the P5 surrounding individual decisions relating to ‘threat to the peace’ (found in the meeting transcripts), this book demonstrates that each P5 member has a consistent definition and understanding of what constitutes a ‘threat to the peace’.
Author: Congyan Cai
Publisher: Cambridge University Press
ISBN: 1009423479
Category : Law
Languages : en
Pages : 323
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Book Description
Three experts present their perspectives on the Security Council's role in maintaining peace in a changing international order.
Author:
Publisher: Oxford University Press
ISBN: 0192679732
Category : Law
Languages : en
Pages : 6378
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Book Description
Since the third edition of this commentary on the Charter of the United Nations was published in 2012, the text of the Charter has not changed DL but the world has. Central pillars of the international order enshrined in the UN Charter are facing serious challenges, notably the prohibition of the use of force. Human rights, too, have come under increasing pressure, now also from contemporary information technology. Global warming poses fundamental challenges for the world community as a whole in its effort to stabilize global ecosystems. Fully updated, the commentary takes up these and other developments. It features new chapters on Climate Change and the Human Rights Council. The commentary remains the authoritative, article-by-article account of the legislative history, interpretation, and practical application of each and every Charter provision. Written by a team of distinguished scholars and practitioners, this book combines academic research with the insights of practice. It is an indispensable tool of reference for all those interested in the United Nations and its legal significance for the world community. The Commentary will be crucial in combining solid legal foundations with new directions for the development of international law and the United Nations in the twenty-first century
Author: Stacey Henderson
Publisher: Taylor & Francis
ISBN: 1000780635
Category : Law
Languages : en
Pages : 174
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Book Description
Despite repeated declarations of ‘never again’ in response to the commission of atrocities, civilians have continued to be targeted by their leaders and opposition groups. The international law principles of sovereignty and non-intervention, when taken at their highest, require States to stand idle and not intervene in another State regardless of what atrocities may be occurring there. This traditional legal view is being challenged by an emerging practice of States choosing to respond in non-forceful ways, inspired by the concept of the Responsibility to Protect (R2P). Drawing on R2P, this book introduces and develops an original conceptual tool –intercession –to capture and explain this change in State practice and the impact of R2P on the development of international law. Through a close examination of State practice, the work explores whether there has been an expansion in the permissible measures and situations in which States can intervene, without using force, in response to atrocity crimes occurring in other States. This book concludes that the development of the secondary duty on the international community under R2P provides the greatest opportunity to progress the R2P framework in a meaningful way, which will have a significant impact on the protection of populations from atrocity crimes. The book will be essential reading for students, researchers and policymakers working in the areas of international law, international relations, humanitarian law, and peace and security studies.
Author: Senan Shaibani
Publisher: AuthorHouse
ISBN:
Category : Political Science
Languages : en
Pages : 209
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Book Description
In this meticulously researched work, Senan Shaibani presents a comprehensive legal argument for the indictment of the United States for its violation of Iraq and Syria’s sovereign national rights. He cites well-established international laws, treaties, and conventions, employing real world examples to make his case. Additionally, the work poses pressing questions about global governance: Why does the United Nations, a body meant to uphold international law, appear to favor certain nations over others? And how can sovereign nations around the world trust a system that seems biased against them? The manuscript, however, remains a poignant work in progress, it tragically remains without Senan's concluding touch. It should be approached as a starting point—a foundation—for readers to further the cause and continue moving the needle of history towards justice.
Author: Samuel Ramani
Publisher: Oxford University Press
ISBN: 0197750281
Category : History
Languages : en
Pages : 528
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Book Description
Three decades after the Soviet Union's collapse, Russia has transformed from a fringe player to a resurgent great power in Africa. The October 2019 Russia-Africa Summit in Sochi highlighted the appeal of Russia's normative agenda, the ubiquity of Russian military technology, and the breadth of Moscow's presence on the continent. Beneath the pageantry, a darker side of Russia's African resurgence looms large. From Libya to Madagascar, Russia has used sinister tactics to expand its influence, such as private military contractors, shadowy mining and energy deals with authoritarian regimes, and election interference campaigns. This book presents a chronological examination of Russia's post-Cold War foreign policy towards Africa, and outlines the factors that have enabled and impeded the growth of its influence. It pays special attention to the non-material factors behind this rising power; the domestic drivers of Russian decision-making; Moscow's relationships with fellow external powers; and African perspectives on Russia's geopolitical role. Samuel Ramani's analysis cites extensively both Russian-language media and academic sources, and his own interviews with Russian and African elites. His fascinating study challenges popular depictions of Russia as an opportunistic anti-Western actor, instead emphasizing Moscow's strategic commitment to Africa and the endurance of historical memory.
Author:
Publisher: BRILL
ISBN: 9004430121
Category : Law
Languages : en
Pages : 344
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Book Description
Written by people selected for their personalized knowledge of the Rwandan genocide, Rwanda Revisited: Genocide, Civil War, and the Transformation of International Law provides a unique level of insight, detail and first-hand knowledge about the Rwandan genocide and its aftermath.
Author: Michael E. O'Hanlon
Publisher: Brookings Institution Press
ISBN: 0815732589
Category : Political Science
Languages : en
Pages : 171
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Book Description
In this new Brookings Marshall Paper, Michael O'Hanlon argues that now is the time for Western nations to negotiate a new security architecture for neutral countries in eastern Europe to stabilize the region and reduce the risks of war with Russia. He believes NATO expansion has gone far enough. The core concept of this new security architecture would be one of permanent neutrality. The countries in question collectively make a broken-up arc, from Europe's far north to its south: Finland and Sweden; Ukraine, Moldova, and Belarus; Georgia, Armenia, and Azerbaijan; and finally Cyprus plus Serbia, as well as possibly several other Balkan states. Discussion on the new framework should begin within NATO, followed by deliberation with the neutral countries themselves, and then formal negotiations with Russia. The new security architecture would require that Russia, like NATO, commit to help uphold the security of Ukraine, Georgia, Moldova, and other states in the region. Russia would have to withdraw its troops from those countries in a verifiable manner; after that, corresponding sanctions on Russia would be lifted. The neutral countries would retain their rights to participate in multilateral security operations on a scale comparable to what has been the case in the past, including even those operations that might be led by NATO. They could think of and describe themselves as Western states (or anything else, for that matter). If the European Union and they so wished in the future, they could join the EU. They would have complete sovereignty and self-determination in every sense of the word. But NATO would decide not to invite them into the alliance as members. Ideally, these nations would endorse and promote this concept themselves as a more practical way to ensure their security than the current situation or any other plausible alternative.
Author: Charles R. Gallagher
Publisher: Yale University Press
ISBN: 0300148216
Category : Biography & Autobiography
Languages : en
Pages : 304
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Book Description
In the corridors of the Vatican on the eve of World War II, American Catholic priest Joseph Patrick Hurley found himself in the midst of secret diplomatic dealings and intense debate. Hurley’s deeply felt American patriotism and fixed ideas about confronting Nazism directly led to a mighty clash with Pope Pius XII. It was 1939, the earliest days of Pius’s papacy, and controversy within the Vatican over policy toward Nazi Germany was already heated. This groundbreaking book is both a biography of Joseph Hurley, the first American to achieve the rank of nuncio, or Vatican ambassador, and an insider’s view of the alleged silence of the pope on the Holocaust and Nazism. Drawing on Hurley’s unpublished archives, the book documents critical debates in Pope Pius’s Vatican, secret U.S.-Vatican dealings, the influence of Detroit’s flamboyant anti-Semitic priest Charles E. Coughlin, and the controversial case of Croatia’s Cardinal Stepinac. The book also sheds light on the powerful connections between religion and politics in the twentieth century.
Author: Jan Pospisil
Publisher: Springer
ISBN: 3030043185
Category : Political Science
Languages : en
Pages : 255
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Book Description
International peacebuilding has reached an impasse. Its lofty ambitions have resulted in at best middling success, punctuated by moments of outright failure. The discrediting of the term ‘liberal peacebuilding’ has seen it evolve to respond to the numerous critiques. Notions such as ‘inclusive peace’ merge the liberal paradigm with critical notions of context, and the need to refine practices to take account of ‘the local’ or ‘complexity’. However, how this would translate into clear guidance for the practice of peacebuilding is unclear. Paradoxically, contemporary peacebuilding policy has reached an unprecedented level of vagueness. Peace in political unsettlement provides an alternative response rooted in a new discourse, which aims to speak both to the experience of working in peace process settings. It maps a new understanding of peace processes as institutionalising formalised political unsettlement and points out new ways of engaging with it. The book points to the ways in which peace processes institutionalise forms of disagreement, creating ongoing processes to manage it, rather than resolve it. It suggests a modest approach of providing ‘hooks’ to future processes, maximising the use of creative non-solutions, and practices of disrelation, are discussed as pathways for pragmatic post-war transitions. It is only by understanding the nature and techniques of formalised political unsettlement that new constructive ways of engaging with it can be found.
