Until 1919, European wars were settled without post-war trials, and individuals were not punishable under international law. After World War One, European jurists at the Paris Peace Conference developed new concepts of international justice to deal with violations of the laws of war. Though these were not implemented for political reasons, later jurists applied these ideas to other problems, writing new laws and proposing various types of courts to maintain the post-World War One political order. They also aimed to enhance internal state security, address states' failures to respect minority rights, or rectify irregularities in war crimes trials after World War Two. The Birth of the New Justice shows that legal organizations were not merely interested in ensuring that the guilty were punished or that international peace was assured. They hoped to instill particular moral values, represent the interests of certain social groups, and even pursue national agendas. When jurists had to scale back their projects, it was not only because state governments opposed them. It was also because they lacked political connections and did not build public support for their ideas. In some cases, they decided that compromises were better than nothing. Rather than arguing that new legal projects were spearheaded by state governments motivated by "liberal legalism," Mark Lewis shows that legal organizations had a broad range of ideological motives - liberal, conservative, utopian, humanitarian, nationalist, and particularist. The International Law Association, the International Association of Penal Law, the World Jewish Congress, and the International Committee of the Red Cross transformed the concept of international violation to deal with new political and moral problems. They repeatedly altered the purpose of an international criminal court, sometimes dropping it altogether when national courts seemed more pragmatic.

Are international courts effective tools for international governance? Do they fulfill the expectations that led to their creation and empowerment? Why do some courts appear to be more effective than others, and do so such appearances reflect reality? Could their results have been produced by other mechanisms? This book evaluates the effectiveness of international courts and tribunals by comparing their stated goals to the actual outcomes they achieve. Using a theoretical model borrowed from social science, the book assesses their effectiveness by analysing key empirical data. Its first part is dedicated to theory and methodology, laying out the effectiveness model, explaining its different components, its promise and limits, and discussing the measurement challenges it faces. The second part analyses the role that indicators such as jurisdiction, judicial independence, legitimacy, and compliance play in achieving effectiveness. Part three applies the effectiveness model to the International Court of Justice, the WTO dispute settlement mechanisms (panels and Appellate Body), the International Criminal Court, the European Court of Human Rights, and the European Court of Justice, reflecting the diversity of the field of international adjudication. Given the recent proliferation of international courts and tribunals, this book makes an important contribution towards understanding and measuring the value that these institutions provide.

This history of the United Nations recounts the actions of the UN in confronting the world's crisis situations, the conflicting policies of the member states and the initiatives undertaken in each case to preserve the peace. It is based on detailed examination of the record UN discussions.;This volume deals with a period when the organization was involved with major crises over Suez, Hungary, Lebanon, India, the Congo, the Cuba Missile Crisis and armed conflicts in Cyprus, Kashmir and the Dominican Republic. It covers the first UN peace-keeping operations: in Sinai, the Congo and Cyprus. It examines the effectiveness of the UN's peace-keeping role in these countries and suggests how this might be improved.

United Nations peacekeeping has undergone radical transformation in the new millennium. Where it once was limited in scope and based firmly on consent of all parties, contemporary operations are now charged with penalizing spoilers of peace and protecting civilians from peril. Despite its more aggressive posture, practitioners and academics continue to affirm the vital importance of impartiality whilst stating that it no longer means what it once did. Taking Sides in Peacekeeping explores this transformation and its implications, in what is the first conceptual and empirical study of impartiality in UN peacekeeping. The book challenges dominant scholarly approaches that conceive of norms as linear and static, conceptualizing impartiality as a 'composite' norm, one that is not free-standing but an aggregate of other principles-each of which can change and is open to contestation. Drawing on a large body of primary evidence, it uses the composite norm to trace the evolution of impartiality, and to illuminate the macro-level politics surrounding its institutionalization at the UN, as well as the micro-level politics surrounding its implementation in the Democratic Republic of the Congo, site of the largest and costliest peacekeeping mission in UN history. Taking Sides in Peacekeeping reveals that, despite a veneer of consensus, impartiality is in fact highly contested. As the collection of principles it refers to has expanded to include human rights and civilian protection, deep disagreements have arisen over what keeping peace impartially actually means. Beyond the semantics, the book shows how this contestation, together with the varying expectations and incentives created by the norm, has resulted in perverse and unintended consequences that have politicized peacekeeping and, in some cases, effectively converted UN forces into one warring party among many. Taking Sides in Peacekeeping assesses the implications of this radical transformation for the future of peacekeeping and for the UN's role as guarantor of international peace and security.

Fragmentation is one of the major debates within international law, but no detailed case studies have been made to show the problems that it creates, and how they can be addressed. This book asks whether the growing number of international judicial bodies render decisions that are largely consistent with one another, which factors influence this (in)consistency, and what this tells us about the development of international law by international courts and tribunals. It answers these questions by focusing on three areas of law: genocide, immunities, and the use of force, as in each of these areas different international judicial entities have dealt with cases stemming from the same situation and set of facts. The work focuses on four main courts: the International Court of Justice (ICJ), the International Criminal Court (ICC), the International Criminal Tribunal for the Former Yugoslavia (ICTY), and the International Criminal Tribunal for Rwanda (ICTR), which often interpret, apply, and develop the same legal principles, despite their different mandates and functions. It argues that judicial fragmentation is damaging to the international legal system, as coherent and compatible pronouncements on the law by international courts are vital to retaining the confidence of the international community. Ultimately, the book makes a plea for the importance of judicial integration for the stability and reliability of the international legal system.

The Yearbook contains documentary materials of a legal character concerning the United Nations and related intergovernmental organizations (IGOs). The present volume covers activities in 2016 and contains: legislative texts and treaties, or provisions thereof, concerning the legal status of the UN and related IGOs; a general overview of the legal activities of the UN and related IGOs; selected treaties concerning international law concluded under the auspices of the organizations concerned; selected decisions of administrative tribunals of the UN and related IGOs; selected legal opinions of the UN and related IGOs; a list of judgments, advisory opinions and selected decisions rendered by international tribunals; selected decisions of national tribunals relating to the work of the UN and related IGOs

In the wake of its creation in 1948, the state of Israel was confronted with the challenge of establishing foreign relations with key players in the region, in the face of opposition from most of the Arab states. Howard Patten explores the genesis and development of Israel's foreign relations with Iran, Turkey and Ethiopia, known as the 'Policy of the Periphery'. Highlighting the pragmatism and Realpolitik at the heart of this policy, Israel and the Cold War analyses the national interests and mutual concerns which shaped relations and strategy at the United Nations during the critical moments of the establishment of the State of Israel and the following forty years, before the ramifications of the Iranian Revolution became apparent. During this period, Israel made efforts to create pragmatic alliances behind closed doors at the UN, even as ambivalence and hostility reigned in the public sphere. Patten thus examines the implications that the Cold War system of ideological combat had on these attempts to maintain implicit, yet cordial understandings, as world events - such as the Suez Crisis of 1956, successive crises over Cyprus and the Ethiopian and Iranian Revolutions - tested the 'Policy of the Periphery'. 'Israel and the Cold War' traces the development of Israel's relations with these three states, from their initial beginnings to consolidation, then rejection and subsequent efforts to realign. Patten highlights the extensive diplomatic and military reverberations that occurred throughout the region, and the way in which these were played out at the UN. Based primarily on UN documents, this book is a vital primary resource for those researching the period in question and the formulation of foreign policy in the Middle East.

Why are constitutionalist ideals so prominent in science fiction? Does Independence Day depict self-defence as a legal concept with absolute limits? Is international law lost in space? This innovative interdisciplinary volume represents the first exploration of the relationship between international law and cinema. From Star Wars to Werner Herzog, The Godfather to The West Wing, this book uncovers a diverse range of representations of international law and its norms in film and television. Examining the wider links between international law, cinema, and ideology, the contributions not only examine visual representations of international law, but they offer an essential insight into the functions fulfilled by these cinematic representations. Providing an extraordinary introduction to a variety of perspectives on core international legal questions, Cinematic perspectives on international law extends a valuable methodology by which international lawyers can critique the depiction of international law in film. -- .

The book is a collection of analyses on country-specific and universal efforts, programmes and projects from Africa and beyond, aimed at realising the Sustainable Development Goals (SDGs). Specifically, the chapters focus on the achievements and challenges that can potentially aid countries of the world and the United Nations in achieving the 17 SDGs. The chapters focus more on the challenges, prospects and concrete steps taken in the Global South towards the attainment of these goals.

Defending Europe seeks to clarify the competing ambitions, the contrasting visions and the trans-Atlantic tensions related to the recent quest by Europe for autonomy in the sphere of security and defense. Scholars from both sides of the Atlantic explore the development of ESDI within NATO, the revival of the WEU and the launch of the EU's Common European Security and Defense Policy. Among the issues discussed are the Euro-American capabilities gap, concerns regarding decoupling, discrimination, and duplication, and the complications posed by NATO/EU enlargement. Two contrary conclusions debate whether ESDP is more likely to strengthen or undermine the Atlantic Alliance. This informative foray into trans-Atlantic security and defense issues is a crucial addition to the ongoing dialogue concerning this shifting and evolving relationship.

From 1991 to 1999, Slobodan Milosevic launched and ultimately lost four Balkan wars, resulting in the deaths of hundreds of thousands and the displacement of millions. He saw himself as a modern day Abe Lincoln, employing force in a valiant effort to hold his crumbling Yugoslavia together. But the ruthless Serb leader's tactics included systematic war crimes and ethnic cleansing, ultimately prompting the U. S. and its NATO allies to launch a controversial military intervention in the spring of 1999 to halt the bloodshed.Now Milosevic is on trial in The Hague before the United Nations-created International War Crimes Tribunal. He is the first former head of state ever to face international justice. The televised trial of Slobodan Milosevic is expected to last for two years and could well prove to be the most watched criminal proceedings since the trial of O. J. Simpson.There is much the public will want to know about this historic and complex trial. Written in a lively, journalistic style by two of the leading experts on the International War Crimes Tribunal, Slobodan Milosevic on Trial: A Companion is designed to inform the reader about what to watch for, who the players are, what the rules are, who has won in the past, and who is likely to win this time. Complete with maps, photos, and a glossary of legal terms, this comprehensive guide to the Milosevic trial will help the public understand the important and complex proceedings taking place in The Hague.

This book proposes a new approach to studying the effectiveness of peace operations. It asks not whether peace operations work or why, but how: when a peace operation achieves its goals, what causal processes are at work? By discovering how peace operations work, this new approach offers five distinctive contributions. First, it studies peace operations through a local lens, examining their interactions with actors in host societies rather than their genesis in the politics and institutions of the international realm. In doing so, it highlights the centrality of local compliance and cooperation to a peace operation's effectiveness. Second, the book structures a framework for explaining how peace operations can shape the behaviour of local actors in order to obtain greater cooperation. That framework distinguishes three dimensions of a peace operation's power-coercion, inducement, and legitimacy-and illuminates their effects. The third contribution is to highlight the contribution of local legitimacy to a peace operation's effectiveness and identify the means by which an operation can be locally legitimized. Fourth, the new power-legitimacy framework is applied to study two peace operations in depth: the United Nations Transitional Authority in Cambodia (UNTAC), and the Regional Assistance Mission to Solomon Islands (RAMSI). Finally, the book concludes by examining the implications of this new approach for practice and identifying a set of policy reforms to help peace operations work better. The book argues that peace operations work by influencing the decisions and behaviour of diverse local actors in host societies. Peace operations work better-that is, achieve more of their objectives at lower cost-when they receive high quality local cooperation. It concludes that peace operations are more likely to attain such cooperation when they are perceived locally to be legitimate.

These are the Official Records of the Resolutions and Decisions of the Economic and Social Council for Organizational and Resumed Organizational and Substantive and Resumed Substantive Sessions of 2021. The UN Economic and Social Council (ECOSOC) discusses global economic, social and environmental challenges. It coordinates the related work of UN entities and regional commissions, as well as of its subsidiary bodies, particularly its functional commissions. Its annual, month-long substantive session in July is held in alternate years in New York and Geneva.

In accordance with Article 102 of the Charter and the relevant General Assembly Resolutions, every treaty and international agreement registered or filed and recorded with the Secretariat since 1946 is published in the United Nations Treaty Series. At present, the collection includes about 30,000 treaties reproduced in their authentic languages, together with translations into English and French, as necessary. Conformement a l'article 102 de la Charte et aux resolutions pertinentes de l'Assemblee generale, tous les traites et accords internationaux enregistres ou classes aupres du Secretariat depuis 1946 sont publies dans le Recueil des traites. Actuellement, la collection comprend environ 30.000 traites reproduits dans leur langue d'origine, avec des traductions en anglais et en francais, si necessaire.

The twenty-five years following the conclusion of the Cold War witnessed an unprecedented intensification of the usage of UN sanctions. This Research Handbook maps how UN sanctions multiplied and diversified during this period and analyses the substantive and procedural transformations to UN sanctions regimes, through the lens of international law. Expert contributors explore different types of UN sanctions regimes, most notably counter-terrorism regimes, counter-proliferation regimes and conflict-resolution regimes. They trace developments across these regimes, such as increased references to international legal standards in sanctions design and procedure as well as interplays with other processes and informal arrangements. Key chapters also specifically examine synergies between UN sanctions and unilateral measures and explore the different legal frameworks that shape and govern these respective regimes. Offering a holistic study of UN sanctions, this Research Handbook identifies cross-cutting issues and common challenges in order to provide an outlook on the future of UN sanctions in a 21st century setting. Comprehensive and engaging, students and scholars of international law and human rights law, as well as international relations more widely, will find this book an essential companion. Its forward-thinking approach will also benefit legal practitioners at the UN, other international organisations and law firms. Contributors include: M. Azeredo da Silveira, K. Boon, A. Broodryk, C. Cai, D. Dam-de Jong, E. De Brabandere, A. du Plessis, P.-E. Dupont, S.E. Eckert, W. Ferdinandusse, L. Ginsborg, M. Happold, D. Holloway, D. Hovell, D. Joyner, M. Kanetake, J. Levitt, A. Mitchell, P. Nevill, K. Prost, P. Rademakers, A. Rodiles, T. Ruys, M. Sossai

Smart Cities and the UN's SDGs explores how smart cities initiatives intersect with the global goal of making urbanization inclusive, resilient, and sustainable. Topics explored include digital governance, e-democracy, health care access, public-private partnerships, well-being, and more. Examining smart cities concepts, tools, strategies, and obstacles and their applicability to sustainability, the book exposes key structural problems that cities face and how the imperative of sustainability can bypass them. It shows how smart city technological innovation can boost citizens' well-being, serving as a key reference for those seeking to make sense of the issues and challenges of smart cities and SDGs.

Throughout the first decades of its existence, many held the view that the UN Security Council would in some senses automatically encourage the protection of human rights by maintaining international peace. However since the end of the Cold War there have been growing concerns that the Council is a force with the potential to do harm to the cause of human rights, even to the extent of violating the rights of individuals. The chapters of this volume take a closer look at these two sides of the Security Council's involvement in human rights; both its efforts to promote and enforce human rights, and its actions that, with the intention of maintaining and restoring international peace, also have the potential to jeopardize human rights. This book represents a collection of individual views and appraisals of how the Council has dealt with human rights issues in the post-Cold War period, particularly in the cases of the economic sanctions imposed on Iraq and the targeted sanctions directed against the Taliban and supporters of the Al Qaida network. Written by experts in the field of international law, they are both positive and negative, critical and analytical. Together they offer a selection of different perspectives and evaluate the contribution of the Security Council to the promotion of human rights, highlighting possible avenue for improvement.

This book brings together a range of theoretical and empirical perspectives on conceptualization, measurement, multidimensional impacts and policy and service responses to address child and family poverty. It illuminates issues and trends through country level chapters, thus shedding light on dynamics of poverty in different jurisdictions. The book is structured into three sections: The first includes introductory chapters canvassing key debates around definition, conceptualization, measurement and theoretical and ideological positions. The second section covers impacts of poverty on specific domains of children's and families' experience using snapshots from specific countries/geographic regions. The third section focuses on programs, policies and interventions and addresses poverty and its impacts. It showcases specific interventions, programs and policies aimed at responding to children and families and communities and how they are or might be evaluated. Cross national case studies and evaluations illustrate the diversity of approaches and outcomes.

The Optional Protocol to the UN Convention Against Torture (OPCAT) establishes an independent international monitoring committee (SPT) which itself will visit states and places where persons are deprived of their liberty. It also requires states to set up independent national bodies to visit places of detention. This book, drawing upon events held and interviews with governments, civil society, members of UN treaty bodies, national visiting bodies and others, identifies key factors that have shaped the operation of these visiting bodies since OPCAT came into force in 2006. It looks in detail at the background to the adoption of the Protocol, as well as how the international committee, the SPT, has carried out its mandate in its first few years. It examines the range of places of detention that could be visited by these bodies, and the expectations placed on the national visiting bodies themselves.
The book also places the OPCAT within the broader system of torture prevention in the UN and elsewhere and identifies a range of trends arising from the different geographical regions. As well as providing an insight into its work, this detailed examination of OPCAT also provides valuable lessons for other new human rights treaties such as the UN Convention on the Rights of Persons with Disabilities and the Convention on Enforced Disappearances, which have similar provisions concerning national mechanisms.

The International Criminal Tribunal for the Former Yugoslavia (ICTY) was established in 1993 and is due to complete its trials by 2011. Easily the most credible and prodigious of the international tribunals established in this period, the ICTY is by far the most important source of case law on international criminal law. This is reflected in the citations it receives by other courts and by learned commentators. Long after its dissolution, the ICTY will most likely serve as an important frame of reference for the International Criminal Court and other courts dealing with international crimes, including national courts.
The publication of this book coincides with the year of cessation of trial activity at the ICTY. Its purpose is to mark this significant milestone in international law with a series of in-depth, critical reflections on the institution's legacy by eminent scholars and practitioners. In the course of seventeen chapters, the contributing authors analyze the main features of the ICTY's work in an unprecedented examination of the institution's legitimacy, core principles, methodologies, unstated assumptions, political circumstances, and impact-and indeed, its legacy.

Over the past one hundred years, the conceptual and legal aspects of collective security have been the subject of much debate. Rapid developments within the United Nations, its precursor the League of Nations, and regional security institutions, as well as the interaction between them, mean this debate has not so far succeeded in capturing the essence and implications of collective security.
These developments in State and institutional practice strike at the heart of the entire system of collective security, which consists of universal, regional, and sub-regional levels, and indicate how the relationship between these various levels should be construed. Although the idea of collective security has raised high political expectations, it has always been based on legal instruments. Consequently, legal principles determine how far the delegated powers of collective security institutions extend and how the competencies of the United Nations relate to those of regional organizations.
This book demonstrates that this inter-level interaction could find its expression in cooperation as well as confrontation between various collective security institutions, and influence the scope of competence of relevant collective security organs. This process then reinforces the concept of the unity of the multi-faceted system of collective security within which no institution has the power to conclusively define or interpret its own competence or that of other institutions. The book's originality lies in its dynamic and decentralized approach that focuses on the interaction between the different levels of collective security and in its comprehensive coverage of all pertinent institutions, competences, and relevant practice.

This book continues the three-volume series edited by Sir Arthur Watts and published in 1999 and 2000. It contains the final product of the International Law Commission (ILC)'s work over the decade 1999-2008. The ILC's work is frequently cited by international and national courts, by governments, practitioners, and academic authors.
The present volume includes the full text, and commentaries where applicable, of ILC texts adopted during the period under review, on such important topics as State responsibility, diplomatic protection, nationality in relation to the succession of States, unilateral acts of States, the fragmentation of international law, as well as several topics relevant to international environmental law, including prevention of transboundary harm from hazardous activities, international liability in case of loss from transboundary harm arising out of hazardous activities, and the law of transboundary aquifers. It further updates the existing series with the inclusion of a chapter on the United Nations Convention on Jurisdictional Immunities of States and their Property.
Each text is accompanied by an authoritative introduction, a note on the preparatory work, a carefully selected bibliography, and the relevant resolutions of the General Assembly.

Global Environmental Sustainability: Case Studies and Analysis of the United Nations' Journey toward Sustainable Development presents an integrated, interdisciplinary analysis of sustainable development, addressing global environmental problems in the contemporary world. It critically examines current actions being taken on global and local scales, particularly in relation to the UN's efforts to promote sustainable development. This approach is supported by empirical analysis, drawing upon a host of interweaving insights spanning economics, politics, ecology, environmental philosophy, and ethics, among others. As a result, it offers a comprehensive and well-balanced assessment of the overall perspective of sustainable development supported by in-depth content analysis, theoretical evaluation, empirical and actual case studies premised on solid data, and actual field work. Also, the book marks a milestone in placing the Covid-19 pandemic into a perspective for understanding the universality of human collective environmental behavior and action. By utilizing in-depth analysis, both quantitative and qualitative, and challenging the status quo of what is expected in the global approach to sustainable development, Global Environmental Sustainability provides the theory and methodology of empirical sustainable development which is especially germane to our advanced society today, which is deeply entrenched in a crisis of environmental morality. More particularly, it serves as a salient source of moral reconstitution of society grounded in empirical reality to liberate man's excessive spirit of individualism and self-aggrandizement to the detriment of the environment. Epistemologically, the book furnishes a remarkable tour de force with a new level of analytical insight to help researchers, practitioners, and policymakers in sustainability and environmental science, as well as the many other disciplines involved in sustainable development, to better understand sustainability from a new perspective and provides a methodological direction to pursue solutions going forward.

In this fully illustrated introduction, Dr Carter Malkasian provides a concise overview of the so-called "Forgotten War" in Korea. From 1950 to 1953, the most powerful countries in the world engaged in a major conventional war in Korea. Yet ironically this conflict has come to be known as the USA's "Forgotten War." Esteemed historian Dr Carter Malkasian explains how this conflict in a small peninsula in East Asia had a tremendous impact on the entire international system and the balance of power between the two superpowers, America and Russia. In this illustrated history, he examines how the West demonstrated its resolve to thwart Communist aggression and the armed forces of China, the Soviet Union and the United States came into direct combat for the only time during the Cold War. Updated and revised for the new edition, with specially commissioned color maps and new images throughout, this is a detailed introduction to a significant turning point in the Cold War.