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’.
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.
This book provides a detailed examination of how norms concerning human rights, civilian protection and prevention of mass atrocities have fared in the regions of Southeast Asia and Africa. Originated as a spin off of the journal GR2P (vol. 8/2-3, 2016), it has been enriched with new chapters and revised contents, which contrast the different experiences of those regions and investigates the expression of human protection norms in regional organisations and thematic policy agendas as well as the role of civil society mechanisms/processes. Hunt and Morada have brought together scholar-practitioners from across the world.The collection identifies a range of insights that provide rich opportunities for south-south exchange and mutual learning when it comes to promoting and building capacity for human protection at the regional level.
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 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 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.
Responsibility to Protect and Women, Peace and Security: Aligning the Protection Agendas, editors Davies, Nwokora, Stamnes and Teitt address the intersections of the Responsibility to Protect (R2P) principle and the Women, Peace, and Security (WPS) agenda.
Widespread or systematic sexual or gender-based violence is a war crime, a crime against humanity and an act of genocide, all of which are clearly addressed in the R2P principle. The protection of those at risk of widespread sexual violence is therefore not only relative to the Women, Peace and Security (WPS) agenda, but a fundamental sovereign obligation for all states as part of their commitment to R2P.
Contributions from policy-makers and academics consider both the merits and the utility of aligning the protection agendas of R2P and WPS. Ultimately, a number of actionable recommendations are made concerning a unification of the agendas to best support the global empowerment of women and prevention of mass atrocities.
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.
The Arab Spring: New Patterns for Democracy and International Law explores a number of critical issues brought to the forefront of the international community as a result of the uprisings which began in the Middle East and North Africa in early 2011. Particularly prominent among these are issues concerning the right to democracy within international law, self-determination, recognition of newly installed governments, the use of force for humanitarian purposes, protection of human rights, and the prosecution of international crimes. This important volume brings together a multitude of fresh voices, and as events in the Arab world continue to unfold, is certain to make a valuable contribution to a meaningful understanding of the “Arab Spring” from a constitutional and international law perspective.
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.
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.