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The Rule of Law and Its Application to the United Nations
Author: Clemens A. Feinäugle
Publisher: Hart Publishing Limited
ISBN: 1509909931
Pages: 384
Year: 2016-10-20
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International organizations become more and more important in the process of globalization. In recent years, the number and scope of measures taken by the UN has increased accordingly, but also the legitimacy concerns related to these measures have increased. The question of how to control and legitimize the activities of the UN is thus ever more pressing. While recent works on the rule of law in international law prove the timeliness of the topic, these questions concerning the UN have never before been addressed in a comprehensive manner in a scholarly work. This volume serves this purpose. [Subject: Public International Law]
The Rule of Law and Its Application to the United Nations
Author: Clemens A. Feinäugle
Publisher:
ISBN: 3845275014
Pages: 378
Year:
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The Rule of Law and Its Application to the United Nations
Author: Clemens A. Feinäugle
Publisher:
ISBN: 3848731339
Pages: 378
Year: 2016-07-28
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The Rule of Law in the United Nations Security Council Decision-Making Process
Author: Sherif Elgebeily
Publisher: Routledge
ISBN: 1315413434
Pages: 222
Year: 2017-03-31
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The UN Security Council is entrusted under the UN Charter with primary responsibility for the maintenance and restoration of the international peace; it is the only body with the power to authorise military intervention legally and impose international sanctions where it decides. However, its decision-making process has hitherto been obscure and allegations of political bias have been made against the Security Council in its responses to potential international threats. Despite the rule of law featuring on the Security Council’s agenda for over a decade and a UN General Assembly declaration in 2012 establishing that the rule of law should apply internally to the UN, the Security Council has yet to formulate or incorporate a rule of law framework that would govern its decision-making process. This book explains the necessity of a rule of law framework for the Security Council before analysing existing literature and UN documents on the domestic and international rule of law in search of concepts suitable for transposition to the arena of the Security Council. It emerges with eight core components, which form a bespoke rule of law framework for the Security Council. Against this framework, the Security Council’s decision-making process since the end of the Cold War is meticulously evaluated, illustrating explicitly where and how the rule of law has been undermined or neglected in its behaviour. Ultimately, the book concludes that the Security Council and other bodies are unwilling or unable adequately to regulate the decision-making process against a suitable rule of law framework, and argues that there exists a need for the external regulation of Council practice and judicial review of its decisions.
United Nations Sanctions and the Rule of Law
Author: Jeremy Matam Farrall
Publisher: Cambridge University Press
ISBN: 1139468510
Pages:
Year: 2007-12-13
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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.
Strengthening the Rule of Law through the UN Security Council
Author: Jeremy Farrall, Hilary Charlesworth
Publisher: Routledge
ISBN: 1317338391
Pages: 304
Year: 2016-04-14
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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.
The Impact of International Organizations on International Law
Author: José E. Alvarez
Publisher: BRILL
ISBN: 9004328408
Pages: 488
Year: 2016-11-07
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The Impact of International Organizations on International Law by Jose Alvarez addresses how international organizations, particularly those within the UN system, have changed the forms, contents, and effects of international law
The Rule of Law in International Affairs
Author: Ian Brownlie
Publisher: Martinus Nijhoff Publishers
ISBN: 9041110682
Pages: 242
Year: 1998-08-26
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This volume consists of a carefully edited version of the General Course on Public International Law delivered at the Hague Academy of International Law to commemorate the fiftieth anniversary of the foundation of the United Nations. The author brings to them not only his background of academic distinction, but his experience as a practitioner concerned with major international legal issues. The rule of law in international affairs is a question of perennial concern but it is of greater moment these days for a number of reasons. The active agenda of the Security Council and its relative solidarity creates a paradox. Its increased political power is a source of hope but the modalities of the exercise of power present problems of principle and of legal concern. Another area of concern is the International Court, which has had a successful record since the early eighties and provides one of the guarantees of the maintenance of legality. Recent successes of the Court include the effective resolution of the territorial dispute between Chad and Libya. The general level of compliance with its decisions by States is impressive. Yet its success is matched not by encouragement and enhancement of its facilities but by United Nations financial constraints which hinder its work and, ultimately, may threaten its independence in relation to the political organs of the United Nations.
International Rule of Law and Professional Ethics
Author: Dr Vesselin Popovski
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472428056
Pages: 232
Year: 2014-02-28
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This book examines an interesting and relatively understudied area of the evolution of the international rule of law and the role of professional ethics. The rule of law has been gradually developed and promoted at the national level over centuries, however at the international level it has only recently received (more in rhetoric than in implementation) support from a macro perspective - developments of international rules and institutions, and from a micro perspective - ethical codes, independence and un-bias of professionals, working in international organizations and tribunals. The book offers analysis and recommends policies to strengthen the rule of law at international level to meet a major global governance demand in ensuring equity, justice, stability and consistency in international affairs.
Law and Practice of the United Nations
Author: Simon Chesterman, Ian Johnstone, David M. Malone
Publisher: Oxford University Press
ISBN: 0190493259
Pages: 680
Year: 2016-03-01
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Law and Practice of the United Nations: Documents and Commentary combines primary materials with expert commentary demonstrating the interaction between law and practice in the UN organization, as well as the possibilities and limitations of multilateral institutions in general. Each chapter begins with a short introductory essay describing how the documents that ensue illustrate a set of legal, institutional, and political issues relevant to the practice of diplomacy and the development of public international law through the United Nations. Each chapter also includes questions to guide discussion of the primary materials, and a brief bibliography to facilitate further research on the subject. This second edition addresses the most challenging issues confronting the United Nations and the global community today, from terrorism to climate change, from poverty to nuclear proliferation. New features include hypothetical fact scenarios to test the understanding of concepts in each chapter. This edition contains expanded author commentary, while maintaining the focus on primary materials. Such materials enable a realistic presentation of the work of international diplomacy: the negotiation, interpretation and application of such texts are an important part of what actually takes place at the United Nations and other international organizations. This work is ideal for courses on the United Nations or International Organizations, taught in both law and international relations programs.
The International Rule of Law Movement
Author: David Marshall
Publisher: Human Rights Program at Harvard law
ISBN: 0674365704
Pages: 308
Year: 2014
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Promoting the rule of law is at the heart of the United Nations' mission. Critically evaluating rule of law initiatives from a contemporary global perspective,The International Rule of Law Movement explains which measures work and which fail, and why. It proposes better models for instituting justice and the rule of law in fragile states.
Handbook on the Rule of Law
Author: Christopher May, Adam Winchester
Publisher: Edward Elgar Publishing
ISBN: 1786432447
Pages: 576
Year: 2018-08-31
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The discussion of the norm of the rule of law has broken out of the confines of jurisprudence and is of growing interest to many non-legal researchers. A range of issues are explored in this volume that will help non-specialists with an interest in the rule of law develop a nuanced understanding of its character and political implications. It is explicitly aimed at those who know the rule of law is important and while having little legal background, would like to know more about the norm.
Peacebuilding and Rule of Law in Africa
Author: Chandra Lekha Sriram, Olga Martin-Ortega, Johanna Herman
Publisher: Routledge
ISBN: 1136948759
Pages: 280
Year: 2010-10-04
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This text brings together expert practitioners and scholars in African politics, law, and conflict and peacebuilding to examine the expanding international efforts to promote rule of law in countries emerging from violent conflict, focusing specifically upon experiences in Africa.
World Peace Through Law
Author: James Taylor Ranney
Publisher: Routledge
ISBN: 1351348744
Pages: 126
Year: 2017-09-08
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This book deals with the history and future of the concept of ‘world peace through law’ (WPTL), which advocates replacing the use of international force with the global rule of law. WPTL calls for replacing war with the global rule of law by arms reductions, including the abolition of nuclear weapons, global alternative dispute resolution mechanisms, and various enforcement mechanisms. This book sets forth a three-part proposal: 1) arms reductions – primarily the abolition of nuclear weapons, with necessarily concomitant reductions in conventional forces; 2) a four-stage system of global alternative dispute resolution (ADR), utilizing both law and equity; 3) adequate enforcement mechanisms, including a UN Peace Force. The core of this proposal is alternative dispute resolution mechanisms—international ADR. International ADR would consist of a four-stage process of compulsory negotiation, compulsory mediation, compulsory arbitration., and compulsory adjudication by the World Court. The fundamental proposition of this book is that the use of alternatives to war, global ADR, is the ultimate solution to the problem of peace. The full implementation of WPTL will entail a vast array of progressive initiatives on many fronts, including abolition of nuclear weapons, with the global rule of law being the capstone to all of these developments. This book will be of great interest to students of peace studies, arms control, international law, and world politics.
United Nations Justice
Author: Calin Trenkov-Wermuth
Publisher:
ISBN:
Pages: 226
Year: 2010
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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.