What can be done if the United Nations Security Council fails to protect people from mass atrocities? At a time of inaction and political paralysis at the United Nations, this book explains the legality of alternative action beyond the Security Council.
This book takes a fresh look at the responsibility to protect and offers new and compelling insights into the powers and limits of the UN Security Council. It argues that the Security Council's responsibility to maintain international peace and security, and its responsibility to protect, do not die with its own failures. Other actors can and must take up responsibility to save those in need. In a persuasive and detailed examination of the legal framework, this research identifies options for coercive measures to be taken beyond the Council that could be used to break the deadlock, including through the General Assembly and regional organisations.
It provides a must-have resource for students, academics, and researchers on key principles of international law. It also offers insight for governments, policy-makers, and other international actors on how they can uphold their legal responsibilities, maintain peace and security, and prevent their failures from undermining the very existence of the UN itself.
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.
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: Krieg Название: Commercializing Cosmopolitan Security ISBN: 3319333755 ISBN-13(EAN): 9783319333755 Издательство: Springer Рейтинг: Цена: 16070.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book analyses two key topics within international politics: the responsibility to protect (R2P) and the commercialization and privatization of security. In a world of ungoverned spaces, state failure and erupting humanitarian crises, the international community is increasingly called upon to exercise its responsibility to protect communities under threat. Here, Krieg explains the civil-military dynamics behind the state’s failure to effectively intervene in humanitarian crises overseas using its serviceman. The central question that follows is: would the private military contractor be a better alternative agent of the state in humanitarian intervention? This book demonstrates that given his professional identity and role towards client state and public, the contractor can be employed effectively in humanitarian intervention to generate more ethical outcomes. This volume is essential reading for researchers and post-graduate students of R2P, International Security Studies and privatization, as well as Peace and Conflict studies and International Relations more broadly.
Описание: This book conceptualizes Responsibility to Protect doctrine (R2P) as part of a global cosmopolitan agenda, drawing on the work of J?rgen Habermas, and argues that R2P is reflective of a shift towards a more cosmopolitan approach to human protection. The author also proposes a framework of analysis that includes a strong legal dimension in order to advance reforms to the international legal, political and military structures in order to better prevent humanitarian crises and protect civilians in times of conflict. The volume explores the cosmopolitan, moral and legal progress that has occurred—and could yet occur—under R2P as the approach to human protection transitions in the Post-Cold War era.
Описание: This book conceptualizes Responsibility to Protect doctrine (R2P) as part of a global cosmopolitan agenda, drawing on the work of J?rgen Habermas, and argues that R2P is reflective of a shift towards a more cosmopolitan approach to human protection. The author also proposes a framework of analysis that includes a strong legal dimension in order to advance reforms to the international legal, political and military structures in order to better prevent humanitarian crises and protect civilians in times of conflict. The volume explores the cosmopolitan, moral and legal progress that has occurred—and could yet occur—under R2P as the approach to human protection transitions in the Post-Cold War era.
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.
Автор: Samara, Angeliki Название: Beyond the Responsibility to Protect in International Law ISBN: 0367429705 ISBN-13(EAN): 9780367429706 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book offers a critical appraisal of the international legal idea of the `Responsibility to Protect`. This original approach to an increasingly important topic will prove invaluable to those working in international law, international relations, politics and legal theory.
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: 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.
Автор: Proulx Vincent-Joлl Название: Institutionalizing State Responsibility ISBN: 0199680396 ISBN-13(EAN): 9780199680399 Издательство: Oxford Academ Рейтинг: Цена: 20988.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: UN organs play a significant role in implementing the law of State responsibility in global security contexts. This book analyses how the ICJ, the General Assembly and the Security Council contribute to the implementation of the laws of State responsibility, using transnational terrorism as its principal case study.
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