The UN Security Council formally acknowledged an obligation to promote justice and the rule of law in 2003. This volume examines the extent to which the Council has honoured this commitment when exercising its powers under the UN Charter to maintain international peace and security. It discusses both how the concept of the rule of law regulates, or influences, Security Council activity and how the Council has in turn shaped the notion of the rule of law. It explores in particular how this relationship has affected the Security Council’s three most prominent tools for the maintenance of international peace and security: peacekeeping, sanctions and force. In doing so, this volume identifies strategies for better promotion of the rule of law by the Security Council. This book will be of interest to scholars and students of international law, international relations, international development and peacekeeping.
"Building and strengthening the 'rule of law' in developing nations, particularly countries in transition or emerging from a period of armed conflict, has become a central focus of the work of the United Nations. As a result, there is a growing demand throughout the United Nations system to better understand the delivery of justice in conflict and post-conflict situations and the impact of developments in this area. The United Nations Department of Peacekeeping Operations (DPKO) and the Office of the United Nations High Commissioner for Human Rights (OHCHR), in cooperation with other United Nations departments, agencies, funds and programmes, have developed an instrument to monitor changes in the performance and fundamental characteristics of criminal justice institutions in conflict and post-conflict situations. The instrument consists of a set of indicators, the United Nations Rule of Law indicators. This guide describes how to implement this instrument and measure these indicators"--P. v.
The United Nations, whose specialized agencies were the subject of an Appendix to the 1958 edition of Oppenheim's International Law: Peace, has expanded beyond all recognition since its founding in 1945.This volume represents a study that is entirely new, but prepared in the way that has become so familiar over succeeding editions of Oppenheim. An authoritative and comprehensive study of the United Nations' legal practice, this volume covers the formal structures of the UN as it has expanded over the years, and all that this complex organization does. All substantive issues are addressed in separate sections, including among others, the responsibilities of the UN, financing, immunities, human rights, preventing armed conflicts and peacekeeping, and judicial matters. In examining the evolving structures and ever expanding work of the United Nations, this volume follows the long-held tradition of Oppenheim by presenting facts uncoloured by personal opinion, in a succinct text that also offers in the footnotes a wealth of information and ideas to be explored. It is book that, while making all necessary reference to the Charter, the Statute of the International Court of Justice, and other legal instruments, tells of the realities of the legal issues as they arise in the day to day practice of the United Nations. Missions to the UN, Ministries of Foreign Affairs, practitioners of international law, academics, and students will all find this book to be vital in their understanding of the workings of the legal practice of the UN. Research for this publication was made possible by The Balzan Prize, which was awarded to Rosalyn Higgins in 2007 by the International Balzan Foundation.
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.
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.
The United Nations Security Council has increasingly resorted to sanctions as part of its efforts to prevent and resolve conflict. In this 2007 book, Farrall traces the evolution of the Security Council's sanctions powers and charts the contours of the UN sanctions system. He also evaluates the extent to which the Security Council's increasing commitment to strengthening the rule of law extends to its sanctions practice. The book identifies shortcomings in respect of key rule of law principles and advances pragmatic policy-reform proposals designed to ensure that UN sanctions promote, strengthen and reinforce the rule of law. In its appendices United Nations Sanctions and the Rule of Law contains summaries of all 25 UN sanctions regimes established to date by the Security Council. It forms an invaluable source of reference for diplomats, policymakers, scholars and advocates.
Multilateral organizations - the United Nations (UN) in particular - have played, and continue to play, an important role in shaping the security sector reform (SSR) agenda, both in terms of policy development and the provision of support to a wide range of national SSR processes. This volume presents a variety of perspectives on UN support to SSR, past and present, with attention to policy and operational practice. Drawing from the experience of UN practitioners combined with external experts on SSR, this volume offers an in-depth exploration of the UN approach to SSR from a global perspective.
The United Nations Security Council (UNSC) remains an important source of legitimacy for international action. Yet despite dramatic changes in the international system over the past forty-five years, the composition of the UNSC has remained unaltered since 1965, and there are many who question how long its legitimacy will last without additional members that reflect twenty-first century realities. There is little agreement, however, as to which countries should accede to the Security Council or even by what formula aspirants should be judged. Reform advocates frequently call for equal representation for various regions of the world, but local competitors like India and Pakistan or Mexico and Brazil are unlikely to reach a compromise solution. Moreover, the UN Charter prescribes that regional parity should be, at most, a secondary issue; the ability to advocate and defend international peace and security should, it says, be the primary concern.The United States has remained largely silent as this debate has intensified over the past decade, choosing to voice general support for expansion without committing to specifics. (President Obama's recent call for India to become a permanent member of the Security Council was a notable exception.) In this Council Special Report, 2009?2010 International Affairs Fellow Kara C. McDonald and Senior Fellow Stewart M. Patrick argue that American reticence is ultimately unwise. Rather than merely observing the discussions on this issue, they believe that the United States should take the lead. To do so, they advocate a criteria-based process that will gauge aspirant countries on a variety of measures, including political stability, the capacity and willingness to act in defense of international security, the ability to negotiate and implement sometimes unpopular agreements, and the institutional wherewithal to participate in a demanding UNSC agenda. They further recommend that this process be initiated and implemented with early and regular input from Congress; detailed advice from relevant Executive agencies as to which countries should be considered and on what basis; careful, private negotiations in aspirant capitals; and the interim use of alternate multilateral forums such as the Group of Twenty (G20) to satisfy countries' immediate demands for broader participation and to produce evidence about their willingness and ability to participate constructively in the international system.The issues facing the world in the twenty-first century--climate change, terrorism, economic development, nonproliferation, and more--will demand a great deal of the multilateral system. The United States will have little to gain from the dilution or rejection of UNSC authority. In UN Security Council Enlargement and U.S. Interests, McDonald and Patrick outline sensible reforms to protect the efficiency and utility of the existing Security Council while expanding it to incorporate new global actors. Given the growing importance of regional powers and the myriad challenges facing the international system, their report provides a strong foundation for future action.
