The Authority of the Security Council Under Chapter VII of the UN Charter

The Authority of the Security Council Under Chapter VII of the UN Charter

Author: David Schweigman

Publisher: Martinus Nijhoff Publishers

Published: 2001-05-30

Total Pages: 384

ISBN-13: 9789041116413

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This volume discusses the legal limits to the authority of the Security Council under Chapter VII of the United Nations Charter. The interest in this topic regained importance when the Security Council started to play an increasingly active role after a period of dormancy between 1945 and 1990. The work describes various approaches to Charter interpretation, provides an overview of the Council's powers under the Charter and surveys the Council's recent practice with regard to the maintenance of international peace and security. Subsequently the sources and contents of the limits to the Council's authority are analyzed. This is followed by an analysis of the role of the International Court of Justice, which includes an overview of the main obstacles to, and possibilities of, judicial review by the Court of Council decisions taken under Chapter VII. Finally, the work discusses recent proposals to enhance the Council's legitimacy.


Liberal Disorder, States of Exception, and Populist Politics

Liberal Disorder, States of Exception, and Populist Politics

Author: Valur Ingimundarson

Publisher: Routledge

Published: 2020-12-20

Total Pages: 228

ISBN-13: 1000294021

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Liberal democracy is in trouble. This volume considers the crosscutting causes and manifestations of the current crisis facing the liberal order. Over the last decade, liberal democracy has come under mounting pressure in many unanticipated ways. In response to seemingly endless crisis conditions, governments have turned with alarming frequency to extraordinary emergency powers derogating the rule of law and democratic processes. The shifting interconnections between new technologies and public power have raised questions about threats posed to democratic values and norms. Finally, the liberal order has been challenged by authoritarian and populist forces promoting anti- pluralist agendas. Adopting a synoptic perspective that puts liberal disorder at the center of its investigation, this book uses multiple sources to build a common historical and conceptual framework for understanding major contemporary political currents. The contributions weave together historical studies and conceptual analyses of states of exception, emergency powers, and their links with technological innovations, as well as the tension-ridden relationship between populism and democracy and its theoretical, ideological, and practical implications. The book will be of interest to scholars and students of a number of disciplines in the humanities and social sciences: history, political science, philosophy, constitutional and international law, sociology, cultural studies, anthropology, and economics.


The Security Council as Global Legislator

The Security Council as Global Legislator

Author: Vesselin Popovski

Publisher: Routledge

Published: 2014-07-11

Total Pages: 350

ISBN-13: 131780225X

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Security Council resolutions have undergone an important evolution over the last two decades. While continuing its traditional role of determining state-specific threats to peace and engaging accordingly in various peaceful or coercive measures, the Security Council has also adopted resolutions that have effectively imposed legal obligations on all United Nations member states. This book seeks to move away from the discussions of whether the Security Council – in the current composition and working methods – is representative, capable or productive. Rather it assesses whether legislative activity by the Security Council can be beneficial to international peace and security. The authors examine and critique the capacities of the Security Council to address thematic international threats - such as terrorism, weapons proliferations, targeting of civilians, recruitment of child soldiers, piracy – as an alternative to the traditional model of addressing country-specific situations on a case-by-case basis. Ultimately, the book seeks to assess the efficacy of the Security Council as global legislator in terms of complementing the Security Council’s mandate for the maintenance of international peace and security with a preventative and norm-setting capacity. The book presents views from a diverse range of Security Council stakeholders including academic scholars, political analysts, and international lawyers. This resource will be of great interest to students of international relations, international organizations and international security studies alike.


The International Criminal Court

The International Criminal Court

Author: Olympia Bekou

Publisher: Routledge

Published: 2017-11-28

Total Pages: 508

ISBN-13: 1351146386

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The creation of the International Criminal Court (ICC) in 1998 represented an important step in the international effort to repress genocide, war crimes and crimes against humanity. As there has been enormous scholarly discussion of the ICC, it is difficult and time-consuming to obtain the best writing on the subject. This volume collects the foremost analyses of each part of the ICC to form a convenient reference tool for all those wishing to understand perhaps the most important legal development of the past two decades.


Human Rights, Human Security, and State Security

Human Rights, Human Security, and State Security

Author: Saul Takahashi

Publisher: Bloomsbury Publishing USA

Published: 2014-07-15

Total Pages: 828

ISBN-13: 0313397619

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This book provides innovative thinking from a variety of perspectives on the important human rights, human security, and national security policy issues of today—and how these issues intersect. The issue of human security comes into play in nearly every important policy debate in global politics, and the protection of human rights is now recognized as one of the main functions of any legitimate modern state. How can the international community best ensure that human rights are protected while simultaneously protecting state security? Who should intervene in cases of mass, gross violations, and when are military actions justified? This book seeks to address and explore these difficult and pressing questions by presenting the differing views of commentators from various ends of the spectrum. Human Rights, Human Security, and State Security: The Intersection consists of three volumes, with each focusing primarily on one of the three broad areas while also drawing connections between them. A powerful resource for policy makers and practitioners in national governments, members of international organizations, and scholars, the innovative thinking presented will give readers a deepened understanding of the various international issues and help them to formulate effective policies in today's complex international landscape.


UN Security Council Referrals to the International Criminal Court

UN Security Council Referrals to the International Criminal Court

Author: Alexandre Skander Galand

Publisher: BRILL

Published: 2018-11-22

Total Pages: 278

ISBN-13: 9004342214

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Galand critically spells out a comprehensive conception of the nature and effects of Security Council referrals that responds to the various limits to the International Criminal Court's exercise of jurisdiction over situations that concern nationals and territories of non-party States.


The Global Community Yearbook of International Law and Jurisprudence 2019

The Global Community Yearbook of International Law and Jurisprudence 2019

Author: Giuliana Ziccardi Capaldo

Publisher: Oxford University Press

Published: 2020-08-20

Total Pages: 920

ISBN-13: 0197513565

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The Global Community Yearbook is a one-stop resource for all researchers studying international law generally or international tribunals specifically. The Yearbook has established itself as an authoritative source of reference on global legal issues and international jurisprudence. It includes analysis of the most significant global trends in a way that allows readers to monitor the development of the global legal order from several perspectives. The Global Community Yearbook publishes annually in a volume of carefully chosen primary source material and corresponding expert commentary. The general editor, Professor Giuliana Ziccardi Capaldo, employs her vast expertise in international law to select excerpts from important court opinions and to choose experts from around the world to contribute essay-guides, which illuminate those cases. Although the main focus is recent case law from the major international tribunals and regional courts, the first four parts of each year's edition features expert articles by renowned scholars who address broader themes in current and future developments in international law and global policy, themes that appear throughout the case law of the many courts covered by the series as a whole. The Global Community Yearbook has thus become not just an indispensable window to recent jurisprudence: the series now also serves to prepare researchers for the issues facing emerging global law. The 2019 edition both updates readers on the important work of long-standing international tribunals and introduces readers to more novel topics in international law. The Yearbook continues to provide expert coverage of the Court of Justice of the European Union and diverse tribunals from the International Court of Justice (ICJ) to criminal tribunals such as the International Criminal Court (ICC) and the International Residual Mechanism for Criminal Tribunals (MICT), to economically based tribunals such as ICSID and the WTO Dispute Resolution panel. This edition contains original research articles on the development and analysis of the concept of global law and the views of the global law theorists such as: a judicial knowledge sharing process as a tool for courts working together in a universal constitutional structure; the role of human rights treaty monitoring bodies in the international legal order; and an examination of the consequences of the UN compact for the safe, orderly and regular migration on international law. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals. The Yearbook provides students, scholars, and practitioners alike a valuable combination of expert discussion and direct quotes from the court opinions to which that discussion relates, as well as an annual overview of the process of cross-fertilization between international courts and tribunals and a section focusing on the thought of leading international law scholars on the subject of the globalization. This publication can also be purchased on a standing order basis.


United Nations Justice

United Nations Justice

Author: Calin Trenkov-Wermuth

Publisher: UN

Published: 2010

Total Pages: 250

ISBN-13:

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"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.