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’.
Edited by Barry Steiner
The essays in this book, originally published in a special issue of the journal
International Negotiation (vol. 23.1, 2018), are intended to enhance America's ability to mediate Israel-Palestine conflict. Every American president for the last thirty years, down to Donald Trump, has chosen to engage in this effort. To help understand and evaluate these efforts, and to focus upon the more promising mediation directions, these essays analyze mediation options in detail.
I. William Zartman accentuates special challenges of third party mediation. Amira Schiff critiques John Kerry’s mediation effort made on behalf of the Obama Administration. Galia Golan outlines mediation requirements in light of past American mediation efforts. Walid Salem suggests a new paradigm centered upon symmetry rather than asymmetry to assist Israel-Palestine peacemaking. And Barry Steiner studies a specific mediation action proposal.
I. William Zartman accentuates special challenges of third party mediation. Amira Schiff critiques John Kerry’s mediation effort made on behalf of the Obama Administration. Galia Golan outlines mediation requirements in light of past American mediation efforts. Walid Salem suggests a new paradigm centered upon symmetry rather than asymmetry to assist Israel-Palestine peacemaking. And Barry Steiner studies a specific mediation action proposal.
The Operation of International Law in the Russian Legal system
A Changing Approach
Series:
Sergey Yu. Marochkin
This book addresses the increased role and standing of international law in the Russian legal system through analysis of judicial practice since the adoption of the Russian Constitution in 1993. The issue of interaction and hierarchy between international and domestic law within the Russian Federation is studied, combining theoretical, legal and institutional elements.
Sergey Marochkin explores how methods for incorporating and implementing international law (or reasons for failing to do so) have changed over time, influenced by internal and global policy. The final sections of the book are the most illustrative, examining how 'the rule of law’ remains subordinate to ‘the rule of politics’, both at the domestic and global level.
Sergey Marochkin explores how methods for incorporating and implementing international law (or reasons for failing to do so) have changed over time, influenced by internal and global policy. The final sections of the book are the most illustrative, examining how 'the rule of law’ remains subordinate to ‘the rule of politics’, both at the domestic and global level.
Exile within Borders
A Global Look at Commitment to the International Regime to Protect Internally Displaced Persons
Series:
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.
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.
Series:
Edited by Anthony Axon and Susan Hewitt
The first of a new series, the
Contemporary Archive of the Islamic World, this title draws on the resources of World of Information, a British publisher that since 1975 has published analyses of the politics and economics of all the Middle East countries.
For decades Syria lay at the heart of Middle Eastern affairs. Under Assad rulers, and sharing a border with Israel, Syria’s fortunes have been complex. Strategic alliances were formed and fell apart. Domestic rebellions were quelled, often violently. Since 2011, Syria has been in the world’s headlines every day, riven by a civil war that has risked bringing the world’s major powers into open conflict.
The CAIW provides an essential background to a complex international problem.
For decades Syria lay at the heart of Middle Eastern affairs. Under Assad rulers, and sharing a border with Israel, Syria’s fortunes have been complex. Strategic alliances were formed and fell apart. Domestic rebellions were quelled, often violently. Since 2011, Syria has been in the world’s headlines every day, riven by a civil war that has risked bringing the world’s major powers into open conflict.
The CAIW provides an essential background to a complex international problem.
Series:
Edited by Sergio Carrera, Arie Pieter Leonhard den Hertog, Marion Panizzon and Dora Kostakopoulou
This collective volume draws on the themes of intersectionality and overlapping policy universes to examine and evaluate the shifting functions, frames and multiple actors and instruments of an ongoing and revitalized cooperation in EU external migration and asylum policies with third states. The contributions are based on problem-driven research and seek to develop bottom-up, policy-oriented solutions, while taking into account global, EU-based and local perspectives, and the shifting universes of EU migration, border and asylum policies. In 15 chapters, we explore the multifaceted dimensions of the EU external migration policy and its evolution in the post-crisis, geopolitical environment of the Global Compacts.
Series:
Edited by Ying-jeou Ma
The Chinese (Taiwan) Yearbook of International Law and Affairs includes articles and international law materials relating to the Republic of China on Taiwan and contemporary Asia-Pacific issues. This volume provides insight into the South China Sea Arbitration, cross-strait relations and Taiwan's New Southbound Policy.
Questions and comments can be directed to the editorial board of the Yearbook by email at yearbook@nccu.edu.tw
Questions and comments can be directed to the editorial board of the Yearbook by email at yearbook@nccu.edu.tw
British Contributions to International Law, 1915-2015 (Set)
An Anthology Set
Edited by Jill Barrett and Jean-Pierre Gauci
The original documentary sources of key British contributions to international law spanning the past 100 years are collected for the first time in this unique anthology (set of 4 books). These range from seminal writings of highly qualified British scholars of international law, judgments of British courts, opinions of British judges on international courts and tribunals and pleadings by British advocates; treaties concluded and statements made by the United Kingdom government, British contributions to international legal drafting, legislation and parliamentary debates; to an imaginative selection of other forms of literature.
The Editors’ introduction explains why, of all the multifarious British contributions, these are the ones that have had the most enduring impact upon the development of international law, from a global perspective. The sheer quality in these texts speaks for itself; these are the must-read and must-keep classic pieces for all interested in international law and the uniquely British contributions to it.
Please also see the following related titles:
- British Influences on International Law, 1915-2015
- The Role of Legal Advisers in International Law
The Editors’ introduction explains why, of all the multifarious British contributions, these are the ones that have had the most enduring impact upon the development of international law, from a global perspective. The sheer quality in these texts speaks for itself; these are the must-read and must-keep classic pieces for all interested in international law and the uniquely British contributions to it.
Please also see the following related titles:
- British Influences on International Law, 1915-2015
- The Role of Legal Advisers in International Law
African Countries and the Global Scramble for China
A Contribution to Africa’s Preparedness and Rehearsal
Series:
Ngonlardje Kabra Mbaidjol
In this new book on Africa-China relations, Ngonlardje Kabra Mbaidjol strongly engages in the heated debates on African cooperation with China, an increassingly rich and powerful partner. The current dominant view highlights the neo-colonial and exploitative nature of these relations with a denial of any positive results for African people. However, the growing China-Africa partnership took its roots at Bandung 1955 conference, to culminate with an overt competition between China and other nations over African resources. For many, "a new scramble for Africa" emerges. The author argues there is rather a "global scramble for China," a fierce battle to get the PRC's kind attention. Africa is right to engage the struggle to access China's development funding. Africa may wish to avoid being distracted by rival voices, but to endeavor doing its own homework and rehearse for the global competiton, in the only interest of African people. Mbaidjol's book unpacks Africa's preparedness and rehearsal strategy.
