United Nations Peace Operations and Human Rights: Normativity and Compliance Sylvia Maus offers a comprehensive account of the human rights obligations of United Nations peace operations with a dual focus on the applicability and the content of UN peace operations’ human rights obligations. Selected case studies show a triad of human rights gaps: a protection gap, an accountability gap and a remedy gap.
Going further than purely legal studies on the subject, Maus makes use of international relations theory and addresses considerations of reputation and legitimacy as reasons for (non-)compliance with human rights by the UN. Based on this interdisciplinary approach, she convincingly proposes ways for enhancing human rights compliance in UN peace operations.
“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.
This sixth, revised edition of International Institutional Law covers the most recent developments in the field. Although public international organizations such as the United Nations, the World Trade Organization, the African Union, ASEAN, the European Union, Mercosur, NATO and OPEC have broadly divergent objectives, powers, fields of activity and numbers of member states, they also share a wide variety of institutional characteristics. Rather than being a handbook for specific organizations, the book offers a comparative analysis of the institutional law of international organizations. It includes chapters on the rules and practices concerning membership, institutional structure, decision-making, financing, legal order, supervision and sanctions, legal status and external relations. The book’s theoretical framework and extensive use of case-studies is designed to appeal to both academics and practitioners.
The State Practice of India and the Development of International Law by Bimal N. Patel provides a critical analysis of India’s state practice and development of international law. Providing insight into the historical evolution of Indian state practice from pre-1945 period through the 21st century, the work meticulously and systematically examines the interpretation and execution of international law by national legislative executive and judicial organs individually as well as collectively. The author demonstrates India’s ambitions as a rising global power and emerging role in shaping international affairs, and convincingly argues how India will continue to resist and prevent consolidation of Euro-American centric influence of international law in areas of her political, economic and culture influence.
Examining the shortcomings of eliciting sustainable intra-state peace through the UN system and the underlying positive peace paradigm of the liberal traditions, the book maintains that a novel positive peace vision and framework under the auspices of the UN is warranted. Building upon grievance-based explanations of violent conflicts and conflict transformation research, this book develops a comprehensive positive peace framework that involves the early tackling of identity divisions (i.e. Fundamental Conflicts) through UN facilitated deliberative and dialogical processes at the 1.5 track diplomacy level. This framework is designed to complement current UN post-conflict peacebuilding and structural prevention practice. By dealing both with how to operationalise early conflict prevention in a workable manner and developing a comprehensive yet viable positive peace approach, this book entails an extensive interdisciplinary approach and new in-depth analyses of the wide-ranging normative and policy aspects of the quest of elevating positive peace to a core objective of UN practice.
Expanding upon the normative position of co-progressiveness elaborated in
Towards an International Law of Co-progressiveness (Martinus Nijhoff, 2004), this volume explores membership, leadership, and responsibility in the international system and how these matters reflect and inform international law. Issues discussed include: (1) the recognition and role of States, civilizations, and regions in the international system and how these entities are influenced by factors such as declarations of independence, intrinsic and instrumental values, diversity, and public opinion; (2) the distribution of power among States, its legitimacy, and the consequent influence this distribution has on the international system and world
politics; and (3) member responsibility for acts of international organizations as well as the possibility of establishing and enforcing universal jurisdiction as a tool for implementing responsibility across the world.
The discourse regarding the legal status of international non-governmental organizations (INGOs) is not new; in fact, it has already progressed throughout the last 100 years. However, most of the proposals to grant official status to INGOs, or to otherwise regulate their cross-border activity, are relatively unknown to international lawyers. A perusal of these initiatives against their unique historical background will prove highly significant in dissecting the complexities involved in formulating a comprehensive scheme for the regulation of INGOs. Innovatively, this work outlines and evaluates the sequence of attempts to propose a formal status for INGOs. It demonstrates how this historical contextual analysis provides an invaluable perspective that is essential for the informed review of contemporary schemes and theoretical trends, relevant to the consideration of the status of INGOs. Unfortunately, most contemporary writers and activists who deal with the normative aspects of INGO activity neglect this crucial perspective.