Описание: This book is the first comprehensive look at the human rights dimensions of the work of the only body within the United Nations system capable of compelling action by its member states. It provides a broad perspective that describes, explains and evaluates the contribution of the Security Council to the promotion of human rights and how it might more effectively achieve its goals.
Описание: This book examines the hard legal core, if any, of the “Responsibility to Protect (R2P)” concept with regard to the commitment to take collective action through the UN Security Council. It addresses the question of whether public international law establishes a duty on the part of the individual Security Council members to collectively take the necessary action to prevent atrocities (genocide, crimes against humanity, war crimes and ethnic cleansing). To this end, it offers an interpretation of provisions in multilateral conventions, such as the undertaking to prevent genocide in Article 1 of the Genocide Convention and the undertaking to ensure respect for the Geneva Conventions in common Article 1 of the 1949 Geneva Conventions, analyses the UN Charter framework for Security Council action, and explores whether the recognition of the international responsibility to protect has prompted the emergence of a new norm for general international law.
Автор: Andreas S. Kolb Название: The UN Security Council Members` Responsibility to Protect ISBN: 366255643X ISBN-13(EAN): 9783662556436 Издательство: Springer Рейтинг: Цена: 27950.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: 1 The Security Council and the Responsibility to Protect in the Age of New Wars.- 2 Legal Theory and Methodology.- 3 The Security Council and International Law.- 4 The International Law of Atrocity Crime Prevention.- 5 Multilateral Debates on R2P and the Protection of Civilians, and Their Impact on General and Treaty Law.- 6 Security Council Practice on Atrocity Crime Prevention Since the End of the Cold War.- 7 Conclusions.
Автор: Zyberi Название: An Institutional Approach to the Responsibility to Protect ISBN: 1316603431 ISBN-13(EAN): 9781316603437 Издательство: Cambridge Academ Рейтинг: Цена: 7443.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: An Institutional Approach to the Responsibility to Protect examines the roles and responsibilities of the international community regarding the responsibility to protect and proposes improvements to the current system of collective security and human rights protection.
Описание: “Key Documents on the Reform of the UN Security Council 1991-2019” brings together primary source documents reflecting the political, legal and academic discussions of the United Nations Security Council reform, in particular the Council’s membership and decision-making, as they have taken place since 1991. Earlier discussions from the late 1940s through 1991 are covered insofar as they offer a useful contribution to the current debate. This extensive collection, curated by a leading authority, is intended to be representative of the debate as a whole without bias, faithfully reflecting the positions of various stakeholders, global participants and civil society. This important work will be an indispensable resource for researchers and students, bringing together hundreds of documents produced during more than three decades by governments, UN bodies, universities, think tanks and individual authors in a single, comprehensive volume.
Описание: The book makes the case that existing legal obligations constrain how the UN Security Council permanent members use their veto. Through the lens of atrocities occurring in Syria, Myanmar, Darfur, and elsewhere, the book outlines the parameters international law creates in situations of genocide, war crimes, and crimes against humanity.
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.
Автор: Droubi Sufyan Название: Resisting United Nations Security Council Resolutions ISBN: 1138670510 ISBN-13(EAN): 9781138670518 Издательство: Taylor&Francis Рейтинг: Цена: 7042.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
The United Nations Security Council has primary responsibility for maintaining international peace and security. In discharging its powers it must act in accordance with the Purposes and Principles of the UN, and observe the rules governing voting and procedure established in the Organisation's Charter. The Council adopts mandatory resolutions that may establish obligations for members and non-members, and such obligations trump conflicting obligations originating from any other international agreement. Member States must cooperate with the Organisation and among themselves, in the implementation of any action prescribed by the Council against States whose behaviour the Council considers an act of aggression, or a threat to, or breach of, international peace and security.
This book analyses resistance to Security Council resolutions and puts forward a theory of lawful resistance. Sufyan Droubi takes a positivist approach to the UN Charter regarding it as a constitution. Special emphasis is placed on the construction of the Charter's meaning through the practice of both organs and Members of the UN and on the need to enhance the effectiveness of the Organization with due respect to the rule of law. The book proposes that nonviolent resistance to a mandatory resolution of the Security Council, on grounds that the latter is incompatible with the Charter or jus cogens norms, may be considered lawful under the Charter if some elements are present.
In exploring a number of case studies of individual and collective State resistance to mandatory Council resolutions, the book proposes that resistance may function as a rudimentary instrument of accountability and protection of the Charter and jus cogens, in the absence of more mature mechanisms of judicial review. The book will be of excellent use and interest to scholars and students of constitutional international law and international relations.
Описание: This is the first comprehensive look at the human rights dimensions of the work of the only body within the United Nations system capable of compelling action by its member states. Known popularly for its failure to prevent mass atrocities in Rwanda, the former Yugoslavia, and Syria, the breadth and depth of the Security Council's work on human rights in recent decades is much broader. This book examines questions including: how is the Security Council dealing with human rights concerns? What does it see as the place of human rights in conflict prevention, peacemaking and peacekeeping? And how does it address the quest for justice in the face of gross violations of human rights? Written by leading practitioners, scholars and experts, this book provides a broad perspective that describes, explains and evaluates the contribution of the Security Council to the promotion of human rights and how it might more effectively achieve its goals.
Описание: The book offers insights on whether international law can shape the politics of the Security Council and conversely, the extent to which the latter contribute to the development of international law.
Автор: Nollkaemper Andrй Название: Shared Responsibility in International Law ISBN: 1107514622 ISBN-13(EAN): 9781107514621 Издательство: Cambridge Academ Рейтинг: Цена: 6970.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: International law provides only limited guidance for distributing responsibility among multiple wrongdoing actors. Drawing on disciplines such as political theory, moral philosophy, and economics, this book explores the possible grounds for distribution of responsibility and provides a basis for the further development and reform of international law.
Автор: Pattison James Название: Humanitarian Intervention and the Responsibility to Protect ISBN: 0199656622 ISBN-13(EAN): 9780199656622 Издательство: Oxford Academ Рейтинг: Цена: 8395.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book considers who should undertake humanitarian intervention in response to an ongoing or impending humanitarian crisis. It develops a normative account of legitimacy to assess not only current interveners, but also the desirability of potential reforms to the mechanisms and agents of humanitarian intervention.
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