Author: Omer Faruk Direk
Publisher: BRILL
ISBN: 9004302980
Category : Law
Languages : en
Pages : 270
Book Description
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.
Security Detention in International Territorial Administrations: Kosovo, East Timor, and Iraq
Author: Omer Faruk Direk
Publisher: BRILL
ISBN: 9004302980
Category : Law
Languages : en
Pages : 270
Book Description
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.
Publisher: BRILL
ISBN: 9004302980
Category : Law
Languages : en
Pages : 270
Book Description
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 Protection of Civilians in Peacekeeping Operations
Author: Tamer Morris
Publisher: BRILL
ISBN: 900470731X
Category : Law
Languages : en
Pages : 288
Book Description
While the Security Council has been mandating peacekeepers to protect civilians since 1999, there is still contention on its legal meaning. Even though the concept of ‘protection’ can seem self-evident, as the concept of ‘protection’ is borrowed language, each body of law will perceive ‘protection’ through a different lens. However, as the mandate creates a legal obligation on UN peace missions, a clear understanding of protection is fundamental to ensure performance and accountability.
Publisher: BRILL
ISBN: 900470731X
Category : Law
Languages : en
Pages : 288
Book Description
While the Security Council has been mandating peacekeepers to protect civilians since 1999, there is still contention on its legal meaning. Even though the concept of ‘protection’ can seem self-evident, as the concept of ‘protection’ is borrowed language, each body of law will perceive ‘protection’ through a different lens. However, as the mandate creates a legal obligation on UN peace missions, a clear understanding of protection is fundamental to ensure performance and accountability.
Complicity and the Law of International Organizations
Author: Magdalena Pacholska
Publisher: Edward Elgar Publishing
ISBN: 1839101369
Category : Law
Languages : en
Pages : 275
Book Description
This timely book examines the responsibility of international organizations for complicity in human rights and humanitarian law violations. It comprehensively addresses a lacuna in current scholarship through an analysis of the mandates and modus operandi of UN peace operations, offering workable normative solutions and striking a balance between the UN’s duty not to contribute to international law violations and its need to discharge mandated tasks in a highly volatile environment.
Publisher: Edward Elgar Publishing
ISBN: 1839101369
Category : Law
Languages : en
Pages : 275
Book Description
This timely book examines the responsibility of international organizations for complicity in human rights and humanitarian law violations. It comprehensively addresses a lacuna in current scholarship through an analysis of the mandates and modus operandi of UN peace operations, offering workable normative solutions and striking a balance between the UN’s duty not to contribute to international law violations and its need to discharge mandated tasks in a highly volatile environment.
Post-conflict Administrations in International Law
Author: Eric de Brabandere
Publisher: BRILL
ISBN: 9004180826
Category : Law
Languages : en
Pages : 352
Book Description
The concept of international administrations of territory, in which comprehensive administrative powers are exercised by, on behalf of or with the agreement of the United Nations has recently re-emerged in the context of reconstructing (parts of) states after conflict. Although in Kosovo and East Timor, the UN was endowed with wide-ranging executive and legislative powers, in the subsequent operations in Afghanistan it was decided, to principally rely on local capacity with minimal international participation, and in Iraq, administrative power was exercised by the occupying powers. The objectives are however very similar. This work first delineates the origins of the granting of administrative functions to international actors, and analyses the context in which it has resurfaced, namely post-conflict peace-building or reconstruction. Secondly, the book methodically establishes the legal framework applicable to post-conflict administrations and peace-building operations, by taking into account the post-conflict scenario in which they operate. Based on these two analyses, an enquiry into the practice of the reconstruction processes in Kosovo, East Timor, Afghanistan and Iraq is undertaken, to analyse and understand the influence of the international legal framework and the different approaches on the implementation of the mandates. Finally, the book concludes with an analysis of questions on exit strategies, local ownership, the internationalisation of domestic institutions, and the need for a comprehensive approach towards post-conflict reconstruction.
Publisher: BRILL
ISBN: 9004180826
Category : Law
Languages : en
Pages : 352
Book Description
The concept of international administrations of territory, in which comprehensive administrative powers are exercised by, on behalf of or with the agreement of the United Nations has recently re-emerged in the context of reconstructing (parts of) states after conflict. Although in Kosovo and East Timor, the UN was endowed with wide-ranging executive and legislative powers, in the subsequent operations in Afghanistan it was decided, to principally rely on local capacity with minimal international participation, and in Iraq, administrative power was exercised by the occupying powers. The objectives are however very similar. This work first delineates the origins of the granting of administrative functions to international actors, and analyses the context in which it has resurfaced, namely post-conflict peace-building or reconstruction. Secondly, the book methodically establishes the legal framework applicable to post-conflict administrations and peace-building operations, by taking into account the post-conflict scenario in which they operate. Based on these two analyses, an enquiry into the practice of the reconstruction processes in Kosovo, East Timor, Afghanistan and Iraq is undertaken, to analyse and understand the influence of the international legal framework and the different approaches on the implementation of the mandates. Finally, the book concludes with an analysis of questions on exit strategies, local ownership, the internationalisation of domestic institutions, and the need for a comprehensive approach towards post-conflict reconstruction.
International Governance of War-Torn Territories
Author: Richard Caplan
Publisher: OUP Oxford
ISBN: 0191532495
Category : Political Science
Languages : en
Pages : 302
Book Description
Since the mid-1990s the United Nations and other multilateral organizations have been entrusted with exceptional authority for the administration of war-torn and strife-ridden territories. In Bosnia and Herzegovina, Eastern Slavonia, Kosovo, and East Timor these organizations have assumed responsibility for governance to a degree unprecedented in recent history. These initiatives represent some of the boldest experiments in the management and settlement of intra-state conflict ever attempted by third parties. This book is a study of recent experiences in the international administration of war-torn territories. It examines the nature of these operations - their mandates, structures, and powers - and distinguishes them from kindred historical and contemporary experiences of peacekeeping, trusteeship, and military occupation. It analyses and assesses the effectiveness of international administrations and discusses, in thematic fashion, the key operational and political challenges that arise in the context of these experiences. It also reflects on the policy implications of these experiences, recommending reforms or new approaches to the challenge posed by localized anarchy in a global context. It argues that, despite many of the problems arising from both the design and implementation of international administrations, international administration has generally made a positive contribution to the mitigation of conflict in the territories where they have been established, thus removing or reducing a threat to peace and helping to improve the lives of the vast majority of the territories' inhabitants. This major new work from a leading scholar provides the first comprehensive treatment of recent attempts at international governance of war-torn territories, and will be essential reading for anyone interested in peace-keeping operations and international administration.
Publisher: OUP Oxford
ISBN: 0191532495
Category : Political Science
Languages : en
Pages : 302
Book Description
Since the mid-1990s the United Nations and other multilateral organizations have been entrusted with exceptional authority for the administration of war-torn and strife-ridden territories. In Bosnia and Herzegovina, Eastern Slavonia, Kosovo, and East Timor these organizations have assumed responsibility for governance to a degree unprecedented in recent history. These initiatives represent some of the boldest experiments in the management and settlement of intra-state conflict ever attempted by third parties. This book is a study of recent experiences in the international administration of war-torn territories. It examines the nature of these operations - their mandates, structures, and powers - and distinguishes them from kindred historical and contemporary experiences of peacekeeping, trusteeship, and military occupation. It analyses and assesses the effectiveness of international administrations and discusses, in thematic fashion, the key operational and political challenges that arise in the context of these experiences. It also reflects on the policy implications of these experiences, recommending reforms or new approaches to the challenge posed by localized anarchy in a global context. It argues that, despite many of the problems arising from both the design and implementation of international administrations, international administration has generally made a positive contribution to the mitigation of conflict in the territories where they have been established, thus removing or reducing a threat to peace and helping to improve the lives of the vast majority of the territories' inhabitants. This major new work from a leading scholar provides the first comprehensive treatment of recent attempts at international governance of war-torn territories, and will be essential reading for anyone interested in peace-keeping operations and international administration.
USAK Yearbook of International Politics and Law: Volume 4
Author: Sedat Laçiner
Publisher: International Strategic Research Organization (USAK)
ISBN: 6054030477
Category :
Languages : en
Pages : 434
Book Description
USAK Yearbook of Politics and International Relations, the fifth edition of which was published in 2012, is an annual, peer-reviewed, English language scholarly journal. The Editorial Office of the Yearbook is in the central building of the International Strategic Research Organization (USAK) in Ankara, Turkey. However, the Yearbook is an independent publication in terms of scholarly research and the editors decide its publication policies. Esteemed academics dispassionately evaluate all submitted articles to ensure their conformity with academic rules and formats. The review reports are confidentially stored in the Yearbook's archives for five years. While the focal points of published articles converge on international relations, international law and political science, essentially; subjects regarding Area studies of the Balkans, the Caucasus, the Middle East, Central Asia, and Europe are also spared considerable space. Additionally, pieces concerning international security, sociology, and anthropological studies are also regularly included in the Yearbook. Now entering its sixth year of compilation, the Yearbook provides a scholarly platform for academics and researchers throughout the world. The USAK Yearbook of Politics and International Relations is gifted to every dual subscriber to the Review of International Law and Politics (UHP) and the Journal of Central Asia and the Caucasus (OAKA) after their first year of subscription. Indexes through which our followers can browse and access Yearbook are as follows: Hein Online, International Political Science Abstracts (IPSA), PAIS International, CSA Worldwide Political Science Abstracts, CSA Sociological Abstracts, CSA Social Services Abstracts and ULAKBİM.
Publisher: International Strategic Research Organization (USAK)
ISBN: 6054030477
Category :
Languages : en
Pages : 434
Book Description
USAK Yearbook of Politics and International Relations, the fifth edition of which was published in 2012, is an annual, peer-reviewed, English language scholarly journal. The Editorial Office of the Yearbook is in the central building of the International Strategic Research Organization (USAK) in Ankara, Turkey. However, the Yearbook is an independent publication in terms of scholarly research and the editors decide its publication policies. Esteemed academics dispassionately evaluate all submitted articles to ensure their conformity with academic rules and formats. The review reports are confidentially stored in the Yearbook's archives for five years. While the focal points of published articles converge on international relations, international law and political science, essentially; subjects regarding Area studies of the Balkans, the Caucasus, the Middle East, Central Asia, and Europe are also spared considerable space. Additionally, pieces concerning international security, sociology, and anthropological studies are also regularly included in the Yearbook. Now entering its sixth year of compilation, the Yearbook provides a scholarly platform for academics and researchers throughout the world. The USAK Yearbook of Politics and International Relations is gifted to every dual subscriber to the Review of International Law and Politics (UHP) and the Journal of Central Asia and the Caucasus (OAKA) after their first year of subscription. Indexes through which our followers can browse and access Yearbook are as follows: Hein Online, International Political Science Abstracts (IPSA), PAIS International, CSA Worldwide Political Science Abstracts, CSA Sociological Abstracts, CSA Social Services Abstracts and ULAKBİM.
Protecting the Individual from International Authority
Author: Monika Heupel
Publisher: Cambridge University Press
ISBN: 1316764427
Category : Political Science
Languages : en
Pages : 381
Book Description
International organizations (IOs) develop institutional provisions to make sure that their policies do not violate human rights. Accordingly, whilst IOs have a greater scope of action and ability to promote collective goods than ever before, they also have a greater capacity to do harm. Based on ten case studies on UN and EU sanctions policy, UN and NATO peacekeeping, and World Bank and IMF lending, this book examines human rights violations which can arise from the actions of IOs rather than those of states. It further explains how powerful IOs have introduced human rights protection provisions and analyzes the features of these provisions, including differences in their design and quality. This book provides evidence of a novel legitimation strategy authoritative IOs draw on that has, as yet, never been systematically studied before.
Publisher: Cambridge University Press
ISBN: 1316764427
Category : Political Science
Languages : en
Pages : 381
Book Description
International organizations (IOs) develop institutional provisions to make sure that their policies do not violate human rights. Accordingly, whilst IOs have a greater scope of action and ability to promote collective goods than ever before, they also have a greater capacity to do harm. Based on ten case studies on UN and EU sanctions policy, UN and NATO peacekeeping, and World Bank and IMF lending, this book examines human rights violations which can arise from the actions of IOs rather than those of states. It further explains how powerful IOs have introduced human rights protection provisions and analyzes the features of these provisions, including differences in their design and quality. This book provides evidence of a novel legitimation strategy authoritative IOs draw on that has, as yet, never been systematically studied before.
United Nations Justice
Author: Calin Trenkov-Wermuth
Publisher: UN
ISBN:
Category : Law
Languages : en
Pages : 250
Book Description
"At the end of the 20th century, and at the dawn of the 21st, the United Nations was tasked with the administration of justice in territories placed under its executive authority, an undertaking for which there was no established precedent or doctrine. Examining the UN's legal and judicial reform efforts in Kosovo and East Timor, this volume argues that rather than helping to establish a sustainable legal system, the UN's approach detracted from it, as it confused ends with means."--Publisher's description.
Publisher: UN
ISBN:
Category : Law
Languages : en
Pages : 250
Book Description
"At the end of the 20th century, and at the dawn of the 21st, the United Nations was tasked with the administration of justice in territories placed under its executive authority, an undertaking for which there was no established precedent or doctrine. Examining the UN's legal and judicial reform efforts in Kosovo and East Timor, this volume argues that rather than helping to establish a sustainable legal system, the UN's approach detracted from it, as it confused ends with means."--Publisher's description.
The Political Sociology of Human Rights
Author: Kate Nash
Publisher: Cambridge University Press
ISBN: 1316368130
Category : Social Science
Languages : en
Pages : 235
Book Description
The language of human rights is the most prominent 'people-centred' language of global justice today. This textbook looks at how human rights are constructed at local, national, international and transnational levels and considers commonalities and differences around the world. Through discussions of key debates in the interdisciplinary study of human rights, the book develops its themes by considering examples of human rights advocacy in international organisations, national states and local grassroots movements. Case studies relating to specific organisations and institutions illustrate how human rights are being used to address structural injustices: imperialist geopolitics, authoritarianism and corruption, inequalities created by 'freeing' markets, dangers faced by transnational migrants as a result of the securitization of borders, and violence against women.
Publisher: Cambridge University Press
ISBN: 1316368130
Category : Social Science
Languages : en
Pages : 235
Book Description
The language of human rights is the most prominent 'people-centred' language of global justice today. This textbook looks at how human rights are constructed at local, national, international and transnational levels and considers commonalities and differences around the world. Through discussions of key debates in the interdisciplinary study of human rights, the book develops its themes by considering examples of human rights advocacy in international organisations, national states and local grassroots movements. Case studies relating to specific organisations and institutions illustrate how human rights are being used to address structural injustices: imperialist geopolitics, authoritarianism and corruption, inequalities created by 'freeing' markets, dangers faced by transnational migrants as a result of the securitization of borders, and violence against women.
Legitimacy in International Law
Author: Rüdiger Wolfrum
Publisher: Springer Science & Business Media
ISBN: 3540777644
Category : Law
Languages : en
Pages : 423
Book Description
There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.
Publisher: Springer Science & Business Media
ISBN: 3540777644
Category : Law
Languages : en
Pages : 423
Book Description
There has been intense debate in recent times over the legitimacy or otherwise of international law. This book contains fresh perspectives on these questions, offered at an international and interdisciplinary conference hosted by the Max Planck Institute for Comparative Law and International Law. At issue are questions including, for example, whether international law lacks legitimacy in general and whether international law or a part of it has yielded to the facts of power.