Petulant and Contrary: Approaches by the Permanent Five Members of the UN Security Council to the Concept of 'threat to the peace' under Article 39 of the UN Charter

Series:

Aside from self-defence, a UN Security Council authorisation under Chapter VII is the only exception to the prohibition on the use of force. Authorisation of the use of force requires the Security Council to first determine whether that situation constitutes a ‘threat to the peace’ under Article 39. The Charter has long been interpreted as placing few bounds around how the Security Council arrives at such determinations. As such commentators have argued that the phrase ‘threat to the peace’ is undefinable in nature and lacking in consistency. Through a critical discourse analysis of the justificatory discourse of the P5 surrounding individual decisions relating to ‘threat to the peace’ (found in the meeting transcripts), this book demonstrates that each P5 member has a consistent definition and understanding of what constitutes a ‘threat to the peace’.

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Biographical Note

Tamsin Phillipa Paige is a Lecturer in Law at Deakin University. Her work is interdisciplinary in nature, using qualitative sociological methods to analyse international law. She undertook a Postdoctoral Fellowship with Conflict and Society at UNSW Canberra, and was awarded an Endeavour Scholarship by the Australian Government for her PhD research conducted at the University of Adelaide and Columbia Law School. In a former life, she was a French trained, fine dining pâtissier.

Table of contents

Foreword Preface Acknowledgements Introductory Overview

Part 1: Theory and Methodology

1 Law and Politics in the Time of the Prohibition on the Use of Force 2 Critical Discourse Analysis and Case Study Selection

Part 2: Case Studies

3 Spain 1946 (Resolutions 4 (1946), 7 (1946) and 10 (1946)) 4 Palestine 1948 (Resolution 54 (1948)) 5 5Portuguese African Territories 1963 Portuguese African Territories 1963 (Resolution 180 (1963)) 6 Apartheid in South Africa 1963–77 (Resolutions 181, 182 (1963), 190, 191 (1964), 282 (1973), 311 (1972), 417 and 418 (1977)) 7 Vietnamese Intervention into Cambodia 1978–79 8 US–Iran Hostage Crisis 1979 (Resolutions 457 and 461 (1979)) 9 Namibian Occupation by South Africa 1981–83 (Resolutions 457 and 461 (1979)) 10 Repression of a Civilian Population – Iraq 1991 (Resolution 688 (1991)) 11 Civil War in Yugoslavia 1991 (Resolution 713 (1991)) 12 The Coup in Haiti 1991–93 (Resolution 841) 13 Extradition of Pan Am Flight 103 Bombing Suspects and Access to Information Related to UTA Flight 772 Bombing, 1992 (Resolutions 731 and 748 (1992)) 14 Rwandan Civil War and Genocide 1993–94 (Resolutions 812 (1993), 846 (1993), 872 (1993), 893 (1994), 909 (1994), 912 (1994), and 918 (1994)) 15 Afghanistan 1999 (Resolution 1267) 16 East Timor Intervention 1999 (Resolution 1264) 17 Small Arms Trade (Resolution 2117 and the Arms Trade Treaty) 18 AIDS Epidemic in Africa and Peacekeeping Operations 2000–05 19 Non-Proliferation of wmd s: Resolutions 1441 (2002), 1540 (2004), 1696 (2006), 1718 (2006) 20 UK and US Use of Force against Iraq 2003 21 Sexual Violence as a Tactic of War: ‘Women and Peace and Security’, and ‘Children and Armed Conflict’ (Resolutions 1820 (2008), 1882 (2009), 1888 (2009), and 1960 (2010)) 22 Piracy: Somalia and Gulf of Guinea 23 Civil War in Syria 24 Chemical Weapons Resolution 2118

Part 3: Meta-synthesis

25 Meta-Synthesis Overview 26 General Meta-Synthesis Observations 27 Team America: World Police? 28 London Calling 29 Vive la France 30 From Russia with Love 31 Enter the Dragon Conclusion Annex Potential Case Studies Coding Results Tables Bibliography Index

Readership

All people interested in the operation and actions of the UN Security Council and with an interest in international law. In particular diplomats, academics, government and academic libraries, and professionals.