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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’.
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’.
A Global Look at Commitment to the International Regime to Protect Internally Displaced Persons
Twenty years after the introduction of the
UN Guiding Principles for the Protection of Internally Displaced Persons, very little is known about their effectiveness in altering state behavior towards their displaced populations.
In this book Gabriel Cardona-Fox takes a systematic and global first look at patterns of commitment and compliance with the IDP regime. Through the innovative use of statistical analysis on all documented cases of displacement and an in-depth case study of Colombia’s evolving response towards internal displacement, this book identifies the domestic and international forces that drive some states to institute and comply with these guidelines.
Exile Within Borders fills an important gap in the literature and moves the debate over the regime’s effectiveness beyond anecdotal evidence.
In this book Gabriel Cardona-Fox takes a systematic and global first look at patterns of commitment and compliance with the IDP regime. Through the innovative use of statistical analysis on all documented cases of displacement and an in-depth case study of Colombia’s evolving response towards internal displacement, this book identifies the domestic and international forces that drive some states to institute and comply with these guidelines.
Exile Within Borders fills an important gap in the literature and moves the debate over the regime’s effectiveness beyond anecdotal evidence.
A Global Look at Commitment to the International Regime to Protect Internally Displaced Persons
Twenty years after the introduction of the
UN Guiding Principles for the Protection of Internally Displaced Persons, very little is known about their effectiveness in altering state behavior towards their displaced populations.
In this book Gabriel Cardona-Fox takes a systematic and global first look at patterns of commitment and compliance with the IDP regime. Through the innovative use of statistical analysis on all documented cases of displacement and an in-depth case study of Colombia’s evolving response towards internal displacement, this book identifies the domestic and international forces that drive some states to institute and comply with these guidelines.
Exile Within Borders fills an important gap in the literature and moves the debate over the regime’s effectiveness beyond anecdotal evidence.
In this book Gabriel Cardona-Fox takes a systematic and global first look at patterns of commitment and compliance with the IDP regime. Through the innovative use of statistical analysis on all documented cases of displacement and an in-depth case study of Colombia’s evolving response towards internal displacement, this book identifies the domestic and international forces that drive some states to institute and comply with these guidelines.
Exile Within Borders fills an important gap in the literature and moves the debate over the regime’s effectiveness beyond anecdotal evidence.
Approaches of Regional and International Systems
We live in an era of proliferating international legal domains and institutions, not least in the human rights field. For some, normative pluralism within human rights is inevitable, and even desirable. Others view it as a threat to the integrity and coherence of international human rights protection. How far do human rights standards and their interpretation by different regional and international human rights systems diverge? To what extent do human rights bodies ‘borrow’ from or influence each other in respect of their case law, practices and procedures? Is global human rights protection fragmenting or heading towards greater coherence? This edited collection addresses these questions through the insights of leading scholars and jurists with first-hand experience of human rights adjudication and litigation.
Approaches of Regional and International Systems
We live in an era of proliferating international legal domains and institutions, not least in the human rights field. For some, normative pluralism within human rights is inevitable, and even desirable. Others view it as a threat to the integrity and coherence of international human rights protection. How far do human rights standards and their interpretation by different regional and international human rights systems diverge? To what extent do human rights bodies ‘borrow’ from or influence each other in respect of their case law, practices and procedures? Is global human rights protection fragmenting or heading towards greater coherence? This edited collection addresses these questions through the insights of leading scholars and jurists with first-hand experience of human rights adjudication and litigation.
Legal Framework for Combating Threats and Crises
EU Management of Global Emergencies: Legal Framework for Combating Threats and Crises provides a thorough analysis of the role played by the European Union (EU) in combating some of the global emergencies that currently affect, or are likely to affect, our planet. In particular, the potential of a “regional” model for coping with such emergencies is examined, taking into account the perceived inefficacy of traditional prevention and reaction mechanisms provided both by individual States and international organisations. The expression “global emergencies” refers to all situations, irrespective of the subject matter involved, which are characterised by an unexpected state of crisis which affects one or more regions of the world and call for an urgent and coordinated response from competent bodies and institutions.
Furthermore, the book tests the role of the EU in managing global emergencies with respect to four broad areas: the economic and financial crises, the protection of the environment, terrorism and humanitarian aid, while maintaining focus on the legal framework within which the EU deals with such global emergencies in the light of the innovations brought about by the Lisbon Treaty.
With contributions by leading experts in each of the identified set of challenges, EU Management of Global Emergencies: Legal Framework for Combating Threats and Crises aims at increasing the understanding of : (a) the contribution of regional organizations such as the EU to the management of global emergencies; (b) the effectiveness of the EU external action and the actual involvement of the EU in global cooperation processes against global emergencies; (c) global standards of human rights protection in relation to measures adopted in crises; and (d) the coordination mechanisms between the EU and other international organisations with a global or regional membership, in the management of global emergencies.
Furthermore, the book tests the role of the EU in managing global emergencies with respect to four broad areas: the economic and financial crises, the protection of the environment, terrorism and humanitarian aid, while maintaining focus on the legal framework within which the EU deals with such global emergencies in the light of the innovations brought about by the Lisbon Treaty.
With contributions by leading experts in each of the identified set of challenges, EU Management of Global Emergencies: Legal Framework for Combating Threats and Crises aims at increasing the understanding of : (a) the contribution of regional organizations such as the EU to the management of global emergencies; (b) the effectiveness of the EU external action and the actual involvement of the EU in global cooperation processes against global emergencies; (c) global standards of human rights protection in relation to measures adopted in crises; and (d) the coordination mechanisms between the EU and other international organisations with a global or regional membership, in the management of global emergencies.
Legal Framework for Combating Threats and Crises
EU Management of Global Emergencies: Legal Framework for Combating Threats and Crises provides a thorough analysis of the role played by the European Union (EU) in combating some of the global emergencies that currently affect, or are likely to affect, our planet. In particular, the potential of a “regional” model for coping with such emergencies is examined, taking into account the perceived inefficacy of traditional prevention and reaction mechanisms provided both by individual States and international organisations. The expression “global emergencies” refers to all situations, irrespective of the subject matter involved, which are characterised by an unexpected state of crisis which affects one or more regions of the world and call for an urgent and coordinated response from competent bodies and institutions.
Furthermore, the book tests the role of the EU in managing global emergencies with respect to four broad areas: the economic and financial crises, the protection of the environment, terrorism and humanitarian aid, while maintaining focus on the legal framework within which the EU deals with such global emergencies in the light of the innovations brought about by the Lisbon Treaty.
With contributions by leading experts in each of the identified set of challenges, EU Management of Global Emergencies: Legal Framework for Combating Threats and Crises aims at increasing the understanding of : (a) the contribution of regional organizations such as the EU to the management of global emergencies; (b) the effectiveness of the EU external action and the actual involvement of the EU in global cooperation processes against global emergencies; (c) global standards of human rights protection in relation to measures adopted in crises; and (d) the coordination mechanisms between the EU and other international organisations with a global or regional membership, in the management of global emergencies.
Furthermore, the book tests the role of the EU in managing global emergencies with respect to four broad areas: the economic and financial crises, the protection of the environment, terrorism and humanitarian aid, while maintaining focus on the legal framework within which the EU deals with such global emergencies in the light of the innovations brought about by the Lisbon Treaty.
With contributions by leading experts in each of the identified set of challenges, EU Management of Global Emergencies: Legal Framework for Combating Threats and Crises aims at increasing the understanding of : (a) the contribution of regional organizations such as the EU to the management of global emergencies; (b) the effectiveness of the EU external action and the actual involvement of the EU in global cooperation processes against global emergencies; (c) global standards of human rights protection in relation to measures adopted in crises; and (d) the coordination mechanisms between the EU and other international organisations with a global or regional membership, in the management of global emergencies.
Legality and Accountability
In
EU Peacebuilding in Kosovo and Afghanistan: Legality and Accountability Martina Spernbauer offers a comprehensive account of the EU's peacebuilding toolbox in light of the Union's constitutional architecture under the Treaty of Lisbon. A detailed analysis of EU peacebuilding in Kosovo and Afghanistan, with a focus on the security and justice sectors, demonstrates that the Union's continuous dichotomy between the Common Foreign and Security Policy (CFSP) and other Union policies is difficult to maintain for this multi-faceted, comprehensive policy framework, which lies at the interface of security, justice and development. Within this analysis, the central questions of compliance of EU external action with international law and international human rights law in particular under CFSP, as well as accountability towards third countries and their nationals are addressed.
Legality and Accountability
In
EU Peacebuilding in Kosovo and Afghanistan: Legality and Accountability Martina Spernbauer offers a comprehensive account of the EU's peacebuilding toolbox in light of the Union's constitutional architecture under the Treaty of Lisbon. A detailed analysis of EU peacebuilding in Kosovo and Afghanistan, with a focus on the security and justice sectors, demonstrates that the Union's continuous dichotomy between the Common Foreign and Security Policy (CFSP) and other Union policies is difficult to maintain for this multi-faceted, comprehensive policy framework, which lies at the interface of security, justice and development. Within this analysis, the central questions of compliance of EU external action with international law and international human rights law in particular under CFSP, as well as accountability towards third countries and their nationals are addressed.
Editor:
Dan Saxon
Increasingly, war is and will be fought by machines – and virtual networks linking machines - which, to varying degrees, are controlled by humans. This book explores the legal challenges for armed forces resulting from the development and use of new military technologies – automated and autonomous weapon systems, cyber weapons, “non-lethal” weapons and advanced communications - for the conduct of warfare. The contributions, each written by scholars and military officers with expertise in International Humanitarian Law (IHL), provide analysis and recommendations for armed forces as to how these new technologies may be used in accordance with international law. Moreover, the chapters provide suggestions for military doctrine to ensure continued compliance with IHL during this ever-more-rapid evolution of technology.
Editor:
Dan Saxon
Increasingly, war is and will be fought by machines – and virtual networks linking machines - which, to varying degrees, are controlled by humans. This book explores the legal challenges for armed forces resulting from the development and use of new military technologies – automated and autonomous weapon systems, cyber weapons, “non-lethal” weapons and advanced communications - for the conduct of warfare. The contributions, each written by scholars and military officers with expertise in International Humanitarian Law (IHL), provide analysis and recommendations for armed forces as to how these new technologies may be used in accordance with international law. Moreover, the chapters provide suggestions for military doctrine to ensure continued compliance with IHL during this ever-more-rapid evolution of technology.
Learning from Complex Political Realities
Forging New Conventional Wisdom Beyond International Policing: Learning from Complex Political Realities provides an innovative perspective in the field by conceptualizing international policing as part of a much broader system of peace and capacity development initiatives. After establishing the global context and historical evolution of police in peace operations, authors Bryn Hughes, Charles T. Hunt, and Jodie Curth-Bibb proceed to recast key ontological and epistemological aspects. Examinations of the Rule of Law and Monitoring and Evaluation in peace and capacity building establish a solid foundation upon which the authors offer a convincing argument for a new, post-Weberian approach.
In Forging New Conventional Wisdom Beyond International Policing: Learning from Complex, Political Realities, researchers, practitioners and policy-makers will find a critical addition to the current discourse on international policing.
In Forging New Conventional Wisdom Beyond International Policing: Learning from Complex, Political Realities, researchers, practitioners and policy-makers will find a critical addition to the current discourse on international policing.
Learning from Complex Political Realities
Forging New Conventional Wisdom Beyond International Policing: Learning from Complex Political Realities provides an innovative perspective in the field by conceptualizing international policing as part of a much broader system of peace and capacity development initiatives. After establishing the global context and historical evolution of police in peace operations, authors Bryn Hughes, Charles T. Hunt, and Jodie Curth-Bibb proceed to recast key ontological and epistemological aspects. Examinations of the Rule of Law and Monitoring and Evaluation in peace and capacity building establish a solid foundation upon which the authors offer a convincing argument for a new, post-Weberian approach.
In Forging New Conventional Wisdom Beyond International Policing: Learning from Complex, Political Realities, researchers, practitioners and policy-makers will find a critical addition to the current discourse on international policing.
In Forging New Conventional Wisdom Beyond International Policing: Learning from Complex, Political Realities, researchers, practitioners and policy-makers will find a critical addition to the current discourse on international policing.
Obligations Inter Se and Supervisory Mechanisms
Editor:
Eric P.J. Myjer
The entry into force in 1997 of the Chemical Weapons Convention (CWC) symbolizes the coming of age of the law of arms control as a separate area of international law. It is not only the first treaty whereby a whole category of weapons of mass destruction, viz. chemical weapons, is completely banned, but it also puts into place a comprehensive compliance control system. For this purpose a specialized international organisation has been created with as its sole purpose the supervision of the commitments under this arms control treaty: the Organisation for the Prohibition of Chemical Weapons (OPCW) based in The Hague. Supervision under this Convention is an example of compliance management, which is cooperative rather than adversarial in character, in spite of the elaborate and intrusive inspection regime concerning not only the military component but also the civilian chemical industries worldwide. Thereby not only States Parties' military security concerns are taken care of, but also the concerns of the chemical industries with regard to the protection of confidential business information.
In general, this volume aims to provide a better understanding of some of the special characteristics of arms control law. One part of this volume highlights the unique characteristics of the compliance control model by providing a detailed analysis of the CWC, the OPCW and of the specific supervisory functions. The obligations of the signatories to the CWC are discussed in the other part. Although an important topic of general international law, clarity as to the obligations of Signatory States appears to be of special importance in the case of arms control treaties, for, given their security interests, it is crucial for States that at a minimum a status quo between all the signatories is maintained. The main contributions are complemented by shorter comments on various aspects of the topics dealt with. The articles are all written by specialists in the field - academic and practitioners- making this book a valuable source for academics, diplomats, (international) civil servants, and practitioners involved in the work of the OPCW, arms control (law) or general international law.
In general, this volume aims to provide a better understanding of some of the special characteristics of arms control law. One part of this volume highlights the unique characteristics of the compliance control model by providing a detailed analysis of the CWC, the OPCW and of the specific supervisory functions. The obligations of the signatories to the CWC are discussed in the other part. Although an important topic of general international law, clarity as to the obligations of Signatory States appears to be of special importance in the case of arms control treaties, for, given their security interests, it is crucial for States that at a minimum a status quo between all the signatories is maintained. The main contributions are complemented by shorter comments on various aspects of the topics dealt with. The articles are all written by specialists in the field - academic and practitioners- making this book a valuable source for academics, diplomats, (international) civil servants, and practitioners involved in the work of the OPCW, arms control (law) or general international law.
Obligations Inter Se and Supervisory Mechanisms
Editor:
Eric P.J. Myjer
The entry into force in 1997 of the Chemical Weapons Convention (CWC) symbolizes the coming of age of the law of arms control as a separate area of international law. It is not only the first treaty whereby a whole category of weapons of mass destruction, viz. chemical weapons, is completely banned, but it also puts into place a comprehensive compliance control system. For this purpose a specialized international organisation has been created with as its sole purpose the supervision of the commitments under this arms control treaty: the Organisation for the Prohibition of Chemical Weapons (OPCW) based in The Hague. Supervision under this Convention is an example of compliance management, which is cooperative rather than adversarial in character, in spite of the elaborate and intrusive inspection regime concerning not only the military component but also the civilian chemical industries worldwide. Thereby not only States Parties' military security concerns are taken care of, but also the concerns of the chemical industries with regard to the protection of confidential business information.
In general, this volume aims to provide a better understanding of some of the special characteristics of arms control law. One part of this volume highlights the unique characteristics of the compliance control model by providing a detailed analysis of the CWC, the OPCW and of the specific supervisory functions. The obligations of the signatories to the CWC are discussed in the other part. Although an important topic of general international law, clarity as to the obligations of Signatory States appears to be of special importance in the case of arms control treaties, for, given their security interests, it is crucial for States that at a minimum a status quo between all the signatories is maintained. The main contributions are complemented by shorter comments on various aspects of the topics dealt with. The articles are all written by specialists in the field - academic and practitioners- making this book a valuable source for academics, diplomats, (international) civil servants, and practitioners involved in the work of the OPCW, arms control (law) or general international law.
In general, this volume aims to provide a better understanding of some of the special characteristics of arms control law. One part of this volume highlights the unique characteristics of the compliance control model by providing a detailed analysis of the CWC, the OPCW and of the specific supervisory functions. The obligations of the signatories to the CWC are discussed in the other part. Although an important topic of general international law, clarity as to the obligations of Signatory States appears to be of special importance in the case of arms control treaties, for, given their security interests, it is crucial for States that at a minimum a status quo between all the signatories is maintained. The main contributions are complemented by shorter comments on various aspects of the topics dealt with. The articles are all written by specialists in the field - academic and practitioners- making this book a valuable source for academics, diplomats, (international) civil servants, and practitioners involved in the work of the OPCW, arms control (law) or general international law.
A total of 84 documents are reproduced here including arms control agreements, regional peace and security agreements, and forces reduction agreements, as well as 34 instruments controlling particular weapons. In addition, explanatory charts help the researcher to locate instruments according to specific criteria such as penal characteristics, applicability (war and peace), and extent of ratification.
Published under the Transnational Publishers imprint.
Published under the Transnational Publishers imprint.
A total of 84 documents are reproduced here including arms control agreements, regional peace and security agreements, and forces reduction agreements, as well as 34 instruments controlling particular weapons. In addition, explanatory charts help the researcher to locate instruments according to specific criteria such as penal characteristics, applicability (war and peace), and extent of ratification.
Published under the Transnational Publishers imprint.
Published under the Transnational Publishers imprint.
Page:12