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Author: Julia Schmidt
In The European Union and the Use of Force, Julia Schmidt examines the development and activities of the EU as an emerging international militaryactor. The author offers a comprehensive analysis of the conditions under which the EU can engage in military crisis management operations from the perspective of EU law as well as from the perspective of public international law, with a particular emphasis on the EU’s relationship with the United Nations and the EU’s relationship with its Member States in the context of the use of force.
Throughout the monograph, questions of European integration in the sphere of the common foreign and security policy as well as the EU’s place and role within the international community are put into focus.
The Max Planck Yearbook of United Nations Law (UNYB), founded in 1997, appears under the auspices of the Max Planck Foundation for International Peace and the Rule of Law. The first part, ‘The Law and Practice of the United Nations’, concentrates on the legal fundamentals of the UN, its Specialized Agencies and Programmes. The second part, ‘Legal Issues Related to the Goals of the United Nations’, analyses achievements with regard to fulfilling the main objectives of the UN. The UNYB addresses both scholars and practitioners, giving them insights into the workings, challenges and evolution of the UN.
Author: Sylvia Maus
In 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.
Despite the Lisbon Treaty reforming the EU Treaty provisions on external relations, it was argued at the time of the Treaty’s entry into force that ‘mixity was here to stay’. While this has indeed proven to be the case, the Court of Justice’s jurisprudence has nonetheless redrawn the contours within which mixity can thrive and for the first time has confirmed the existence of ‘facultative mixity’. In light of these significant post-Lisbon developments the volume aims to clarify the law and policy of facultative mixed agreements in the EU’s treaty practice and this not only from the perspective of EU (constitutional) law itself but also from the perspective of the EU Member States’ legal systems, that of the EU’s third country treaty partners and that of public international law itself.
Author: Gareth Evans

In this contribution the author takes stock of the extent to which R2P has both met and fallen short of the dreams of its founders since its endorsement by the 2005 World Summit. As an effective reactive counter-force to atrocity crimes already under way, R2P’s record has been disappointing. But as an institutional catalyst and preventive mechanism it has been generally successful, and as a normative force it has been, and remains, very influential.

In: Global Responsibility to Protect

This article explains why R2P failed to motivate action to protect vulnerable Syrians in the first two years of the crisis. We focus on the United States and argue that official discourse ‘localised’ the meaning R2P by grafting it on to preconceived ideas of America’s role in supporting democratic revolutions, which is how the situation was understood. American ‘exemplarism’ demanded the US support democracy by calling on Assad to go while not corrupting the ‘homegrown’ revolution through foreign intervention. The call for political and criminal accountability aligned exemplarist democracy promotion to R2P, but it did nothing to protect vulnerable populations from the conflict that ensued. This refraction of the norm complicated the United Nations sponsored peace process, which provided an alternative means of protecting the Syrian population. We address a gap in the literature by examining Western localisation and draw policy lessons, namely the importance of examining national predispositions when implementing R2P.

In: Global Responsibility to Protect

Over the past fifteen years since the adoption of the Responsibility to Protect, all eyes have been on the UN Security Council and its ability to respond to situations at imminent risk of, or experiencing, atrocity crimes. To the contrary, little attention has been given to the Geneva-based Human Rights Council (hrc) and its procedures and mechanisms. This is interesting considering that the hrc has responded to emerging and protracted atrocity situations around the world, often at times when the Security Council remained silent. hrc response to atrocities in Myanmar, Venezuela, and elsewhere highlights the unique role it can play in implementing R2P and triggering follow-up action outside of Geneva; yet, much remains to be done to overcome both institutional and political challenges to fully utilise the hrc’s potential to uphold our individual and shared responsibility to protect.

In: Global Responsibility to Protect