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Tamsin Phillipa Paige

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’.

Exile within Borders

A Global Look at Commitment to the International Regime to Protect Internally Displaced Persons

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Gabriel Cardona-Fox

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.

Towards Convergence in International Human Rights Law

Approaches of Regional and International Systems

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Edited by Carla M. Buckley, Alice Donald and Philip Leach

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.

EU Management of Global Emergencies

Legal Framework for Combating Threats and Crises

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Edited by Inge Govaere and Sara Poli

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.

EU Peacebuilding in Kosovo and Afghanistan

Legality and Accountability

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Martina Spernbauer

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.

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Edited by 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.

Forging New Conventional Wisdom Beyond International Policing

Learning from Complex Political Realities

Bryn Hughes, Charles T. Hunt and Jodie Curth-Bibb

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.

Traditional Neutrality Revisited

Law, Theory and Case Studies

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Elizabeth Chadwick

This volume explores the extent to which frameworks of tradional neutrality might remain useful in modern contexts of peace and war, notwithstanding the technical prohibition of war in the Charter of the United Nations. Traditional neutrality constituted a system through which non-belligerent states could remain at peace with warring states, and thereby avoid attack and continue peacetime trading relations. The essays here collected deal with the rules of neutrality as they had developed and operated generally by the outbreak of World War 1, those variations in and alternatives to traditional neutrality which arose in the aftermath of World War 1, and particular aspects of the legacy of neutrality which continue to survive in the post-1945 era. It is argued that the operable rules of traditional neutrality foundered in the face of industrialized warfare, but that the retreat from the 'logic' of neutrality in the modern era has been premature.

Chang Li Lin and Nassrine Azimi

In March 2000, the United Nations Secretary-General convened an international panel to conduct a major study on United Nations Peace Operations. Chaired by former Algerian Foreign Minister and current Under-Secretary-General, Lakhdar Brahimi, the Panel was tasked to conduct a wide-ranging study and analysis over lessons learned from past operations such as those in Rwanda and Somalia, as well as current missions in Kosovo, East Timor, and the Democratic Republic of the Congo.
The Panel looked at how peacekeeping missions could achieve greater efficiency and success in attaining the key objectives of maintaining peace and promoting reconciliation and reconstruction. It also reviewed the context within which peacekeeping missions took place, the resources and limitations of the United Nations Department of Peacekeeping Operations (DPKO) specifically, and the modality, efficacy, and extent of assistance rendered by the `international community' within the framework of peacekeeping and peace-building in general.
The fifth in a series of conferences organised on lessons learnt from peacekeeping operations was held under the auspices of the United Nations Institute for Training and Research (UNITAR), the Institute of Policy Studies (IPS) of Singapore and the Japan Institute of International Affairs (JIIA). Throughout two intense days in Singapore, in April 2001, an eminent group of academics, government officials, representatives of international organisations, representatives from ongoing UN Missions, and military scholars gathered behind closed doors to reflect upon the recommendations of the Brahimi Report and the obstacles to reform of peacekeeping.
This volume contains all the papers presented at that event. It also includes the Co-Chairs' Summary and Recommendations. The Report is a summary of the many animated debates that took place during the conference. Recommendations of the Co-Chairs have been drawn from the broad range of opinions and insights from the conference. The findings and reactions of the participants to the Brahimi Report should give policy-makers, researchers, and international affairs analysts a candid review and critique of past experiences that is essential to the comprehension of the failures of current peacekeeping and requirements for future success.

Issues of Arms Control Law and the Chemical Weapons Convention

Obligations Inter Se and Supervisory Mechanisms

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Edited by 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.