Browse results

You are looking at 1 - 10 of 470 items for :

  • Public International Law x
  • Upcoming Publications x
  • Just Published x
  • Access: Open Access x
  • Search level: All x
Clear All
Transport, Trade and Environment in Perspective
Regulation of Risk provides comprehensive insight into regulation of risk in transport, trade and environment. Contributions provide national, regional and international perspectives on pressing questions: How is risk conceived in light of novel technological deployment, climate change, political upheaval, evolving geopolitics, and the COVID-19 pandemic? What legal tools such as contractual frameworks and governance structures are available to manage the changing landscape of risk? This book highlights the importance of dialogue and collaborative decision-making on risk between policymakers, institutions, societal stakeholders and the scientific community.

Abstract

The United Nations (UN) Security Council (UNSC) is endowed with the primary responsibility for the maintenance of international peace and security under Art. 24 (1) of the Charter of the United Nations (UNC). The establishment of the ad hoc criminal tribunals for Yugoslavia and Rwanda in the 1990s under Chapter VII of the UNC has shown that individual criminal accountability for international core crimes belongs to the instruments to address threats to or breaches of peace (Art. 39 of the UNC). With the International Criminal Court (ICC) a permanent institution has been established to sanction the commission of international core crimes. Acting under Chapter VII, the UNSC is entitled to refer a situation to the ICC according to Art. 13 (b) of the Rome Statute of the International Criminal Court (Rome Statute), as well as to defer proceedings (Art. 16 of the Rome Statute). By using their veto power each of the five permanent members of the UNSC might block both types of resolutions. While a veto against an ICC referral resolution might hinder the Court from fulfilling its mandate (destructive veto), blocking a deferral resolution might enable the Court to continue its fight against impunity (constructive veto). This article discusses whether obligations stemming from the UNC and other sources of public international law, in particular human rights, might impact the decisions of the UNSC and the veto exercise in particular in both cases. It intends to contribute to the ongoing discussion by several reflections on the veto powers, and concludes that, even though the veto powers might be influenced by these legal sources, it will be difficult to guide the conduct of the five UNSC Permanent Members (P5) with regard to the ICC.

Open Access
In: Max Planck Yearbook of United Nations Law Online

Abstract

Although first noted discussions at the United Nations (UN) level about corruption are reaching their 50th anniversary, the core of the UN activity against corruption has taken place in the last quarter of a century. The 2021 special debate at the UN General Assembly was an opportunity for the institution to pause and reflect about its role over this period in the international fight against corruption. It also presented a (partially missed) opportunity for the UN to renew its commitment and reconsider its approach for the next 25 years. This article provides first an overview of the UN activity against corruption, which relies on two main pillars. On the one hand, the well-known United Nations Convention Against Corruption (UNCAC) in force since 2005, which has received remarkable academic attention and is an example of success in terms of ratifications. On the other hand, the insertion in Sustainable Development Goal 16 of an anticorruption objective (16.5) and its related indicators, which is not as widely acknowledged by anticorruption activists and scholars but serves as a recognition of the importance of tackling corruption in the development context.

The article offers a historical contextualisation of both initiatives, analyses this dual approach and explores the impact of these initiatives in the global and domestic contexts. Based on previous research from the author, it highlights their joint value as a true global statement against corruption and an authoritative recognition of its damaging effects and their importance for peace, security, development, human rights and human wellbeing. The article presents, nevertheless, a critical analysis showing their shortcomings and the lack of a real effect of these instruments in overcoming or at least reducing corruption and kleptocracy at the international level. It proposes three different avenues within the UN mandate and fields of action that could guide newer initiatives. First, it explores the possibility of individual (non-criminal) ‘smart’ sanctions, modelled on the counter-terrorism regime driven by national governments, but assisted by United Nations Office on Drugs and Crime (UNODC). Second, the article considers how the economic and trade dimension of the UN, especially at the regional economic commissions level, could be reinvigorated with a mandate to tackle corruption through economic instruments. Third, it analyses how an optional protocol to the UNCAC could give more ‘teeth’ to the Convention. The general conclusion is that the UN, within its existing powers, has significant potential to take anticorruption initiatives a step further as the current ones have almost exhausted their shelf life.

Open Access
In: Max Planck Yearbook of United Nations Law Online
Author:

Abstract

This article analyses the role of the United Nations General Assembly (UNGA) as a security actor. With the creation of the ‘International, Impartial and Independent Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the Most Serious Crimes under International Law Committed in the Syrian Arab Republic since March 2011’ (IIIM), through UNGA Resolution 71/248 in 2016, the General Assembly creatively used its powers to strengthen international criminal justice. Although investigative or fact-finding missions itself are nothing new to the UN system, Resolution 71/248 is qualitatively different to any other mission before it. The IIIM was established without Syrian consent, which is a historic first for the General Assembly. It is also the first time that such a body is tasked with investigations that fulfil prosecution standards, that serves as an evidence repository as well as a connecting hub between different justice actors. The UN General Assembly filled a void where the UN Security Council found itself in a stalemate over Syria. The IIIM has since served as a blueprint for a new generation of investigative mechanisms that emerged in the UN system. Looking beyond the appraisal of the IIIM, the article argues that the UN General Assembly practice in maintaining peace and security has significantly evolved over time. The early UN General Assembly practice through Uniting for Peace allowed it to assert its proactive role in parallel to the Security Council, yet it failed in its claim of authority to recommend forceful, collective measures. The practice subsequently evolved towards the diverse use of non-forceful measures, of which the IIIM provides a recent example. Creative boundary pushing in the UNGA through non-forcible measures will hopefully contribute to peace and security beyond war.

Open Access
In: Max Planck Yearbook of United Nations Law Online
Reflecting on Power, Participation and Global Justice
Editor:
The open access publication of this book has been published with the support of the Swiss National Science Foundation.

By taking an innovative perspective, Gender Equality in the Mirror aims to advance the debate on gender equalities and to engage with the complexities of their practical implications in everyday life. Through the voice of women who are contributing with their life and work to the pursuit of the collective task of inclusion, the volume develops an original analysis of the socio-economic and political dimension of gender parity to frame implementing pathways of aspirational human rights principles. Gender Equality in the Mirror explores these dimensions with the ultimate aim of raising broad awareness of the need to invest in women’s empowerment for the construction of our society.

Abstract

During the 1940s in London, exiled lawyers from Europe and Asia were among the main actors in coining one of the most known principles of international criminal law. The notion of ‘crimes against humanity’ emanated from their legal debates. This paper debates how the term surfaced in meetings of the United Nations War Crimes Commission (UNWCC) in 1944 and was taken up by the London Charter for the Nuremberg International Tribunal in 1945. Legal concepts, which previously needed to be discussed at conferences and via correspondence, developed much more quickly in the ‘breeding ground’ of the exile situation in London and were influenced by different legal traditions, here termed ‘legal flows’.

Open Access
In: Journal of the History of International Law / Revue d'histoire du droit international
In: Gender Equality in the Mirror
In: Gender Equality in the Mirror
In: Gender Equality in the Mirror
In: Gender Equality in the Mirror