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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]
United Nations Sanctions and the Rule of Law
Author: Jeremy Matam Farrall
Publisher: Cambridge University Press
ISBN: 1139468510
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.
The Rule of Law in the United Nations Security Council Decision-Making Process
Author: Sherif Elgebeily
Publisher: Taylor & Francis
ISBN: 1315413442
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.
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.
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.
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.
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.
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 Un Set of Principles to Combat Impunity
Author: Frank Haldemann, Thomas Unger
Publisher: Oxford University Press
ISBN: 0198743602
Pages: 416
Year: 2018-03-22
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The fight against impunity has become a growing concern of the international community. Updated in 2005, the UN Set of Principles for the Protection and Promotion of Human Rights Through Action to Combat Impunity is the fruit of several years of study, developed under the aegis of the UN Commission on Human Rights and then affirmed by the Human Rights Council. These Principles are today widely accepted as constituting an authoritative reference point for efforts in the fight against impunity for gross human rights abuses and serious violations of international humanitarian law. As a comprehensive attempt to codify universal accountability norms, the UN Set of Principles marks a significant step forward in the debate on the obligation of states to combat impunity in its various forms. Bringing together leading experts in the field, this volume provides comprehensive academic commentary of the 38 principles. The book is a perfect companion to the document, setting out the text of the Principles alongside detailed analysis, as well as a full introduction and a guide to the relevant literature and case law. The commentary advances debates and clarifies complex legal issues, making it an essential resource for legal academics, students, and practitioners working in fields such as human rights, international criminal law, and transitional justice.
Democracy and the International Rule of Law
Author: Hans Köchler
Publisher: Springer Verlag
Pages: 170
Year: 1995-01
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The publication contains a collection of research papers written during the last decade and reflects on the major changes before and after the end of the East-West conflict. The papers deal with the basic concept of democracy and its application in the international system. The author bases his theoretical approach on the Kantian concept of the autonomous subject. He relates direct democracy to this philosophical and anthropological conception of the subject as a sovereign being. He attempts to create a new (alternative) doctrine of international relations and of international law on the basis of this philosophical assumption.
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.
The Iraq Crisis and the United Nations
Author: Hans Köchler
Publisher: International Progress Organization
ISBN: 3900704228
Pages: 105
Year: 2004
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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.
Institutional Supports for the International Rule of Law
Author: Charles Sampford, Ramesh Thakur
Publisher: Routledge
ISBN: 1317637542
Pages: 182
Year: 2014-08-27
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The rule of law is widely seen as the cornerstone of any effective polity and increasingly a vital component of the international political system. If the international rule of law were to be strengthened, it would greatly contribute to trade, security, human rights and global cooperation in a range of fields. Yet, in many areas the rule of law seems almost absent in international affairs. This book explores the institutions that support the effectiveness of the rule of law domestically. It focuses on the extent to which similar institutions already exist at international level and analyses the possibility of their further development. The authors speculate on how the international rule of law might be advanced in the future, thereby suggesting potential strategies for strengthening the international rule of law. Adopting an interdisciplinary approach and combining the fields of international relations, politics and law, this book covers a range institutions including: UN Security Council International Court of Justice Human rights machinery Regional human rights International Criminal Court World Trade Organization International Tribunal for the Law of the Sea UN Department of Peacekeeping Operations. It will be of strong interest to students and scholars of international relations, international organisations, global governance, international law, migration law, international peace and security law, applied ethics, political economy, political science and sociology.
The Law of Nations
Author: Emer de Vattel
Pages: 563
Year: 1805
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