The Security Council and the Use of Force

The Security Council and the Use of Force
Author: Niels M. Blokker
Publisher: Martinus Nijhoff Publishers
Total Pages: 331
Release: 2005
Genre: Political Science
ISBN: 9004146423

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This book addresses the authority of the UN Security Council to regulate the use of force. In particular, it examines the question of whether the present composition, functions, and powers of the Security Council are adequate to meet recent demands, such as the need perceived by states to use force in cases of humanitarian emergency and pre-emptive action in response to international terrorism and the proliferation of weapons of mass destruction. Is the Security Council still well positioned today to deal with these demands and challenges? In seeking a response, the book analyzes both Charter law and Security Council practice. It addresses not only the hotly debated recent crises concerning Kosovo, Afghanistan, and Iraq, but also resolutions dealing with the use of force by peacekeeping operations. A number of issues relating to the right of self-defence are analyzed, as are the emerging new roles of NATO and the African Union. Separate chapters of the book are devoted to the current discussion concerning the reform of the Security Council. A particular feature of the book is the interaction between academics and practitioners as well as between theory and reality.

The UN Security Council and International Law

The UN Security Council and International Law
Author: Michael Wood
Publisher: Cambridge University Press
Total Pages: 251
Release: 2022-06-09
Genre: Law
ISBN: 1108483496

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Explores the legal powers, limits and potential of the often misunderstood but highly important United Nations Security Council.

Strengthening the Rule of Law through the UN Security Council

Strengthening the Rule of Law through the UN Security Council
Author: Jeremy Farrall
Publisher: Routledge
Total Pages: 329
Release: 2016-04-14
Genre: Political Science
ISBN: 1317338391

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The UN Security Council formally acknowledged an obligation to promote justice and the rule of law in 2003. This volume examines the extent to which the Council has honoured this commitment when exercising its powers under the UN Charter to maintain international peace and security. It discusses both how the concept of the rule of law regulates, or influences, Security Council activity and how the Council has in turn shaped the notion of the rule of law. It explores in particular how this relationship has affected the Security Council’s three most prominent tools for the maintenance of international peace and security: peacekeeping, sanctions and force. In doing so, this volume identifies strategies for better promotion of the rule of law by the Security Council. This book will be of interest to scholars and students of international law, international relations, international development and peacekeeping.

International Law and the Use of Force

International Law and the Use of Force
Author: Christine Gray
Publisher: OUP Oxford
Total Pages: 2316
Release: 2008-07-17
Genre: Law
ISBN: 0191021628

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This book explores the whole of the large and controversial subject of the use of force in international law; it examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the growing importance of regional organizations in the maintenance of international peace and security. Since the publication of the second edition of International Law and the Use of Force the law in this area has continued to undergo a fundamental reappraisal. Operation Enduring Freedom carries on against Al Qaida and the Taliban in Afghanistan six years after the terrorist attacks of 11 September 2001. Can this still be justified as self-defence in the 'war on terror'? Is there now a wide right of pre-emptive self-defence against armed attacks by non-state actors? The 2006 Israel/Lebanon conflict and the recent intervention of Ethiopia in Somalia raise questions about whether the 'war on terror' has brought major changes in the law on self-defence and on regime change. The 2003 invasion of Iraq gave rise to serious divisions between states as to the legality of this use of force and to talk of a crisis of collective security for the UN. In response the UN initiated major reports on the future of the Charter system; these rejected amendment of the Charter provisions on the use of force. They also rejected any right of pre-emptive self-defence. They advocated a 'responsibility to protect' in cases of genocide or massive violations of human rights; the events in Darfur show the practical difficulties with the implementation of such a duty.

The United Nations Security Council and War

The United Nations Security Council and War
Author: Vaughan Lowe
Publisher: OUP Oxford
Total Pages: 816
Release: 2010-04-15
Genre: Political Science
ISBN: 0191614939

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This is the first major exploration of the United Nations Security Council's part in addressing the problem of war, both civil and international, since 1945. Both during and after the Cold War the Council has acted in a limited and selective manner, and its work has sometimes resulted in failure. It has not been - and was never equipped to be - the centre of a comprehensive system of collective security. However, it remains the body charged with primary responsibility for international peace and security. It offers unique opportunities for international consultation and military collaboration, and for developing legal and normative frameworks. It has played a part in the reduction in the incidence of international war in the period since 1945. This study examines the extent to which the work of the UN Security Council, as it has evolved, has or has not replaced older systems of power politics and practices regarding the use of force. Its starting point is the failure to implement the UN Charter scheme of having combat forces under direct UN command. Instead, the Council has advanced the use of international peacekeeping forces; it has authorized coalitions of states to take military action; and it has developed some unanticipated roles such as the establishment of post-conflict transitional administrations, international criminal tribunals, and anti-terrorism committees. The book, bringing together distinguished scholars and practitioners, draws on the methods of the lawyer, the historian, the student of international relations, and the practitioner. It begins with an introductory overview of the Council's evolving roles and responsibilities. It then discusses specific thematic issues, and through a wide range of case studies examines the scope and limitations of the Council's involvement in war. It offers frank accounts of how belligerents viewed the UN, and how the Council acted and sometimes failed to act. The appendices provide comprehensive information - much of it not previously brought together in this form - of the extraordinary range of the Council's activities. This book is a project of the Oxford Leverhulme Programme on the Changing Character of War.

The European Union and the Use of Force

The European Union and the Use of Force
Author: Julia Schmidt
Publisher: BRILL
Total Pages: 358
Release: 2020-09-07
Genre: Business & Economics
ISBN: 900435607X

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In The European Union and the Use of Force Julia Schmidt examines the development and activities of the EU as an emerging international military actor. The author offers a comprehensive analysis of the legal framework for the EU’s military crisis management operations.

The Use of Force in UN Peace Operations

The Use of Force in UN Peace Operations
Author: Trevor Findlay
Publisher: Oxford University Press on Demand
Total Pages: 486
Release: 2002
Genre: Law
ISBN: 9780198292821

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One of the most vexing issues that has faced the international community since the end of the Cold War has been the use of force by the United Nations peacekeeping forces. UN intervention in civil wars, as in Somalia, Bosnia and Herzegovina, and Rwanda, has thrown into stark relief the difficulty of peacekeepers operating in situations where consent to their presence and activities is fragile or incomplete and where there is little peace to keep. Complex questions arise in these circumstances. When and how should peacekeepers use force to protect themselves, to protect their mission, or, most troublingly, to ensure compliance by recalcitrant parties with peace accords? Is a peace enforcement role for peacekeepers possible or is this simply war by another name? Is there a grey zone between peacekeeping and peace enforcement? Trevor Findlay reveals the history of the use of force by UN peacekeepers from Sinai in the 1950s to Haiti in the 1990s. He untangles the arguments about the use of force in peace operations and sets these within the broader context of military doctrine and practice. Drawing on these insights the author examines proposals for future conduct of UN operations, including the formulation of UN peacekeeping doctrine and the establishment of a UN rapid reaction force.

UN Security Council Enlargement and U.S. Interests

UN Security Council Enlargement and U.S. Interests
Author: Kara C. McDonald
Publisher: Council on Foreign Relations
Total Pages: 74
Release: 2010
Genre: Law
ISBN: 087609437X

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The United Nations Security Council (UNSC) remains an important source of legitimacy for international action. Yet despite dramatic changes in the international system over the past forty-five years, the composition of the UNSC has remained unaltered since 1965, and there are many who question how long its legitimacy will last without additional members that reflect twenty-first century realities. There is little agreement, however, as to which countries should accede to the Security Council or even by what formula aspirants should be judged. Reform advocates frequently call for equal representation for various regions of the world, but local competitors like India and Pakistan or Mexico and Brazil are unlikely to reach a compromise solution. Moreover, the UN Charter prescribes that regional parity should be, at most, a secondary issue; the ability to advocate and defend international peace and security should, it says, be the primary concern.The United States has remained largely silent as this debate has intensified over the past decade, choosing to voice general support for expansion without committing to specifics. (President Obama's recent call for India to become a permanent member of the Security Council was a notable exception.) In this Council Special Report, 2009?2010 International Affairs Fellow Kara C. McDonald and Senior Fellow Stewart M. Patrick argue that American reticence is ultimately unwise. Rather than merely observing the discussions on this issue, they believe that the United States should take the lead. To do so, they advocate a criteria-based process that will gauge aspirant countries on a variety of measures, including political stability, the capacity and willingness to act in defense of international security, the ability to negotiate and implement sometimes unpopular agreements, and the institutional wherewithal to participate in a demanding UNSC agenda. They further recommend that this process be initiated and implemented with early and regular input from Congress; detailed advice from relevant Executive agencies as to which countries should be considered and on what basis; careful, private negotiations in aspirant capitals; and the interim use of alternate multilateral forums such as the Group of Twenty (G20) to satisfy countries' immediate demands for broader participation and to produce evidence about their willingness and ability to participate constructively in the international system.The issues facing the world in the twenty-first century--climate change, terrorism, economic development, nonproliferation, and more--will demand a great deal of the multilateral system. The United States will have little to gain from the dilution or rejection of UNSC authority. In UN Security Council Enlargement and U.S. Interests, McDonald and Patrick outline sensible reforms to protect the efficiency and utility of the existing Security Council while expanding it to incorporate new global actors. Given the growing importance of regional powers and the myriad challenges facing the international system, their report provides a strong foundation for future action.

The UN Security Council

The UN Security Council
Author: David Malone
Publisher: Lynne Rienner Publishers
Total Pages: 764
Release: 2004
Genre: Political Science
ISBN: 9781588262400

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The nature and scope of UN Security Council decisions - significantly changed in the post-Cold War era - have enormous implications for the conduct of foreign policy. The UN Security Council offers a comprehensive view of the council both internally and as a key player in world politics. Focusing on the evolution of the council's treatment of key issues, the authors discuss new concerns that must be accommodated in the decisionmaking process, the challenges of enforcement, and shifting personal and institutional factors. Case studies complement the rich thematic chapters. The book sheds much-needed light on the central events and trends of the past decade and their critical importance for the future role of the council and the UN in the sphere of international security.

Domestic Constraints on South Korean Foreign Policy

Domestic Constraints on South Korean Foreign Policy
Author: Scott A. Snyder
Publisher: Council on Foreign Relations
Total Pages: 106
Release: 2018-01-01
Genre: International relations
ISBN: 0876097336

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These essays support the argument that strong and effective presidential leadership is the most important prerequisite for South Korea to sustain and project its influence abroad. That leadership should be attentive to the need for public consensus and should operate within established legislative mechanisms that ensure public accountability. The underlying structures sustaining South Korea’s foreign policy formation are generally sound; the bigger challenge is to manage domestic politics in ways that promote public confidence about the direction and accountability of presidential leadership in foreign policy.