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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.
“Key Documents on the Reform of the UN Security Council 1991-2019” brings together primary source documents reflecting the political, legal and academic discussions of the United Nations Security Council reform, in particular the Council’s membership and decision-making, as they have taken place since 1991. Earlier discussions from the late 1940s through 1991 are covered insofar as they offer a useful contribution to the current debate. This extensive collection, curated by a leading authority, is intended to be representative of the debate as a whole without bias, faithfully reflecting the positions of various stakeholders, global participants and civil society. This important work will be an indispensable resource for researchers and students, bringing together hundreds of documents produced during more than three decades by governments, UN bodies, universities, think tanks and individual authors in a single, comprehensive volume.

Recently, the behaviour of emerging powers in relation to R2P has been understood as that of norm-shapers: states that seek to adjust the norm so that it conforms to their particular understandings. In this behaviour, respect for sovereignty is seen as a central concern. In the English School of International Relations, identification with the institution of sovereignty reflects an approach called pluralism. China’s behaviour is consistent with a pluralist approach to international relations. This paper aims to examine the Chinese positions regarding R2P, in order to identify pluralist traits in them. The procedure was to raise, inductively, prescriptions made by China, associating them with theoretical categories. From an analysis of the Chinese positions, it can be demonstrated that China’s behaviour reveals a paradigmatic case of a pluralist norm-shaper. Qualitative Content Analysis techniques were used as a methodological approach, while MAXQDAplus software was applied as a tool to aid in the coding of declarations.

In: Global Responsibility to Protect

This article analyses the key aspects of the brics countries’ joint position on the ‘responsibility to protect’ (R2P) concept, as well as the degree of their influence on transforming R2P into a global norm. The author’s aim was to answer the following questions: What interconnection is there between the brics and R2P discourses? How can brics stimulate an alternative interpretation of the R2P idea? In terms of cross-border partnerships, is R2P-based cooperation possible within the brics framework, and are states ready to expand it in the future? brics member states have demonstrated several common approaches to R2P, including their reliance on mechanisms strengthening the role of the state, their support for the UN position on peaceful conflict settlement, and preventive diplomacy.

In: Global Responsibility to Protect
Author: Rana M. Essawy

In this article, I argue that contemporary international law imposes an obligation upon the UN Security Council permanent members to refrain from using their veto repeatedly in ways that impede the Council from acting against violations of peremptory norms. This obligation not to veto emanates from the duty to cooperate to end violations of peremptory norms as enshrined in Article 41(1) of the International Law Commission Articles on State Responsibility. For this purpose, I demonstrate that the duty to cooperate itself possesses a peremptory character under the theory of ‘consequential jus cogens’, whereby effects of jus cogens norms are themselves peremptory. In doing so, this article contributes to the ongoing debates concerning the legal nature of the effects of jus cogens norms by showing that the theory of ‘consequential jus cogens’ is an application of the generally accepted maxim accessorium sequitur principale and thus forms part of positive international law.

In: Global Responsibility to Protect
Author: Erika de Wet

The article examines four categories of litigation that were undertaken in the wake of the suspension of the SADC Tribunal. The first category of proceedings concerned a claim and request for an advisory opinion under the African Charter on Human and Peoples’ Rights (African Charter); the second related to arbitration proceedings based on the SADC Protocol on Finance and Investment (FIP); the third focussed on proceedings regarding the potential unconstitutionality of a government’s participation in the suspension of the SADC Tribunal; while the fourth concerned conflicts between the SADC and employees before the Botswana High Court. In analysing these proceedings, the article assesses whether litigation thus far undertaken is likely to increase pressure on SADC member states to reinstate some form of individual complaints procedure before the SADC Tribunal.

In: International Organizations Law Review