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The 50th anniversary of the United Nations provides a welcome opportunity to reflect on what the world organization has been able to achieve during the first half century of its existence. The contributions assembled in this volume all purport to ascertain whether and to what extent it has been possible to promote the community values acknowledged by the UN Charter through methods and mechanisms in accordance with the rule of law. The work does not confine itself to focusing solely on developments of the past, and provides insights which can be used as beacons for the future. The volume has been divided into two parts. The first part is devoted to the institutions and mechanisms designed to maintain international peace and security. The second part addresses the additional tasks of the UN. Contributions are from experts who, as nationals of countries enjoying special privileges within the UN system or seeking to obtain such a position, are intimately familiar with the policies of their governments, what specific objectives they would like to see pursued by the competent organs, and what changes in the institutional structure they may suggest.
NATO's air operation against Yugoslavia, undertaken with a view to helping the Kosovo Albanians resist genocide and ethnic cleansing, confronted the international community with a bitter dilemma. In Europe, the choice either to tolerate massive violations of human rights or to infringe the principle of non-use of force, given the absence of explicit authorization by the Security Council, was a challenge never before encountered since the new world order was ushered in by the Charter of the United Nations. This book, a collection of legal essays which emerged from a meeting of members of the French, German, and Polish societies of international law, not only attempts to analyze the Kosovo war from the viewpoint of humanitarian intervention based on the failure of the Rambouillet conference, but also intends to provide an overall picture of the responsibilities incumbent on the international community. Starting with the lifting of Kosovo's autonomy by the Yugoslav federal authorities in 1989/90, it follows the tragic events step by step. Not only are the crimes committed by Yugoslav military units and police as well as by the Kosovo Liberation Army listed in specific detail, an inquiry is also made into NATO's compliance with the applicable standards of humanitarian law. The book concludes with an examination of the future of the province in light of Security Council resolution 1244 of 1999 and the Stability Pact adopted to ensure economic recovery of the entire region.
Modern Law of Self-Determination examines the significance of the right to self-determination in the new world order. For decades, self-determination was seen as a right of colonial peoples. Now the decolonization process has come to an end, its scope and meaning need to be re-examined. Increasingly, the ethnic groups within established nation States claim some separate political status. In extreme cases of persecution of an ethnic group by a ruling majority, secession may provide the only viable remedy to resolve the conflict. However, international law cannot promote a general `Balkanization' of the globe. The legitimate interests of all ethnic groups should be accommodated within the framework of existing States. Self-determination, which today is predominantly understood as implying a right to independent statehood, may have to be re-interpreted as conferring no more than a right to autonomy or federal statehood. Such a conception is in line with a modern tendency that highlights the necessary internal dimension of self-determination.
Modern Law of Self-Determination is based on papers delivered at a conference in Bonn in August 1992 which have been updated and reviewed by the authors in light of the discussions following their presentation.