The effective implementation of human rights treaty obligations in national law is subject to increasing attention. The main responsibility for the international monitoring of national implementation at the global level is entrusted to the UN human rights treaty bodies. These bodies are established by the respective human rights conventions and are composed of independent experts. This book examines three aspects of these bodies: the legal aspects of their structure, functions and decisions; their effectiveness in ensuring respect for human rights obligations; and the legitimacy of these bodies and their decisions. Containing contributions from a variety of eminent legal experts, including present and former members of the treaty bodies, the analysis should be read in light of the ongoing effort to strengthen treaty bodies under the auspices of the UN High Commissioner for Human Rights and with the involvement of relevant stakeholders.

This book provides a contemporary account of the linkages between the academic field of conflict resolution and the practice of military peacekeeping, through the lens of pre-deployment training for military personnel about to embark on UN peacekeeping operations. Military personnel serving on United Nations peacekeeping operations are deployed into highly challenging post-conflict environments, where the likelihood of violence remains high. Moreover, these personnel are deployed part of a wider peace process, and are thus situated as an anchor point in a transition from war to peace. This dimension of their work therefore means that a range of skills and techniques are relied upon, which come not from traditional military training, but from other, non-traditional fields. It is into this gap where the academic field of conflict resolution has made a valuable contribution to understanding international peacekeeping. Since the 1970's, studies have sought to understand international peacekeeping as a necessary stage in conflict de-escalation, and ultimately transformation. From this, there is a history of engagement including studies which seek to understand the skills peacekeepers may need to assist them in their day to day activities, and the role that international peacekeeping plays in wider projects of conflict transformation.

This book addresses gaps in thinking and practice on how the private sector can both help and hinder the process of building peace after armed conflict. It argues that weak governance in fragile and conflict-affected societies creates a need for international authorities to regulate the social impact of business activity in these places as a special interim duty. Policymaking should seek appropriate opportunities to engage with business while harnessing its positive contributions to sustainable peace. However, scholars have not offered frameworks for what is considered 'appropriate' engagement or properly theorised techniques for how best to influence responsible business conduct. United Nations peace operations are peak symbols of international regulatory responsibilities in conflict settings, and debate continues to grow around the private sector's role in development generally. This book is the first to study how peace operations have engaged with business to influence its peace-building impact.

This book considers what is needed for fairness in the decisions of the UNFCCC. It analyses several principles of procedural fairness in order to develop practical policy measures for fair decision-making in the UNFCCC. This includes measures that determine who should have a right to participate in its decisions, how these decisions should take place and what level of equality should exist between these actors. In doing so, it proposes that procedural fairness is a fundamental feature of a multilateral response to address climate change. By showing that procedural fairness is most likely to be achieved through the inclusive process of the UNFCCC, it also shows that global efforts to address climate change should continue in this forum.

The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) articulates what has now become a global norm. CEDAW establishes the moral, civic, and political equality of women; women's right to be free from discrimination and violence; and the responsibility of governments to take positive action to achieve these goals. The United States is not among the 187 countries that have ratified the treaty. To explain why the United States has not ratified CEDAW, this book highlights the emergence of the treaty in the context of the Cold War, the deeply partisan nature of women's rights issues in the United States, and basic disagreements about how human rights treaties work.

The United Nations Security Council in the Age of Human Rights is the first comprehensive look at the human-rights dimensions of the work of the only body within the United Nations system capable of compelling action by its member states. Known popularly for its failure to prevent mass atrocities in Rwanda, the former Yugoslavia, and Syria, the breadth and depth of the Security Council's work on human rights in recent decades is much broader. This book examines questions such as: How is the Security Council dealing with human rights concerns? What does it see as the place of human rights in conflict prevention, peacemaking, and peacekeeping? And how does it address the quest for justice in the face of gross violations of human rights? Written by leading practitioners, scholars, and experts, this book provides a broad perspective that describes, explains, and evaluates the contribution of the Security Council to the promotion of human rights and how it might achieve the goals it has articulated more effectively.

Trades of money for political influence persist at every level of government. Not surprisingly, governments themselves trade money for political support on the international stage. Strange, however, is the tale of this book. For, in this study, legitimacy stands as the central political commodity at stake. The book investigates the ways governments trade money for favors at the United Nations Security Council - the body endowed with the international legal authority to legitimize the use of armed force to maintain or restore peace. With a wealth of quantitative data, the book shows that powerful countries, such as the United States, Japan, and Germany, extend financial favors to the elected members of the Security Council through direct foreign aid and through international organizations, such as the International Monetary Fund and the World Bank. In return, developing countries serving on the Security Council must deliver their political support ... or face the consequences.

Originally published in 1947, this volume contains the text of the Henry Sidgwick Memorial Lecture, delivered by J. L. Brierly on 30 November 1946 on the subject of the legal distinctions between a covenant and charter, with particular reference to the United Nations. This book will be of value to anyone with an interest in legal history and the development of the UN's legal framework.

The Convention Against Transnational Organized Crime represents a major step forward in the internationally co-operative fight against transnational organized crime. This book offers a comprehensive, article by article legal commentary on the UN Convention Against Transnational Organized Crime and its two Protocols on Trafficking in Persons and Smuggling of Migrants. The Convention was adopted by the General Assembly in 2001, and came into force in 2003 with over 75 State Parties. The Convention defines offences, and lays down rules as to the co-operation of State Parties in various procedures aimed at preventing and detecting those offences, such as mutual legal assistance, extradition, law-enforcement cooperation, technical assistance and training, and the seizure of assets obtained by their commission. This commentary analyses the nature of transnational organized crime, in particular the aspects which the Convention articles address, and examines how it has been implemented since it came into force.

For more than sixty years, the blue helmets of the United Nations peacekeeping missions have come to symbolize both the promise and the fragility of the UN. Though beset with unresolved conflicts, underfunded, and invariably burdened with sentiments of over-expectation, UN peace operations have made a difference with their 'peacebuilding' initiatives. While peacebuilding has been extensively analysed and critiqued, the UN's role in addressing and ameliorating housing, land, and property rights challenges has not. This volume seeks to fill the void by examining the UN's experience grappling with the immense and inevitable housing, land, and property rights crises that emerge in all countries during and after conflict. Through analysis of UN peace missions in Burundi, Cambodia, Iraq, Kosovo, Rwanda, Sudan and elsewhere, this volume provides a unique array of perspectives on what the UN has done right, what it has done wrong, and what it should do in the future.

When the Soviet Union pulled its forces out of Afghanistan, the American media had a simple explanation: Soviet troops had been hounded out of the mountains by U.S.-armed guerrillas--the skies cleared of Soviet aircraft by Stinger missiles--until the Kremlin was forced to cry uncle. But Diego Cordovez and Selig S. Harrison shatter this image. Out of Afghanistan shows that the Red Army was securely entrenched when the Soviet Union agreed to withdraw: American weaponry and Afghan bravery raised the costs for Moscow, but it was six years of skillful diplomacy that gave the Russians a way out.

Cordovez and Harrison provide the definitive account of the Soviet blunders that led up to the invasion and the bitter struggles over the withdrawal that raged in the Soviet and Afghan Communist parties and the Reagan Administration. The authors are particularly well-suited to their task: Cordovez was the United Nations mediator who negotiated the Soviet pullout, and Harrison is a leading South Asia expert with four decades of experience in covering Afghanistan. Their story of the U.N. negotiations is interwoven with a gripping chronicle of the war years, complete with palace shootouts in Kabul, turf warfare between rival Soviet intelligence agencies, and the CIA role in building up Islamic fundamentalist guerrilla leaders at the expense of Afghan moderates. Cordovez opens up his diaries to take us behind the scenes in his negotiations, and Harrison draws on interviews with Mikhail Gorbachev, former Secretary of State George Shultz, and other key actors. The result is a book full of surprises. For example, the authors demonstrate that the Soviets intervened not out of a desire to drive to the Indian Ocean, but out of a fear of a U.S.-supported Afghan Tito. Rebuffs by hardline "bleeders" in the Reagan Administration undermined efforts by Yuri Andropov to secure a settlement before his death in 1983. Even more startling, Gorbachev resumed the search for a negotiated withdrawal more than a year before the first American-supplied Stinger missiles were deployed in the war.

The Soviet intervention in Afghanistan was one of the pivotal events of recent history. Out of Afghanistan destroys many of the myths surrounding the Afghan war and will have a profound impact on the emerging debate over how and why the Cold War ended.

Toppling Qaddafi is a carefully researched, highly readable look at the role of the United States and NATO in Libya's war of liberation and its lessons for future military interventions. Based on extensive interviews within the US government, this book recounts the story of how the United States and its European allies went to war against Muammar Qaddafi in 2011, why they won the war, and what the implications for NATO, Europe, and Libya will be. This was a war that few saw coming, and many worried would go badly awry, but in the end the Qaddafi regime fell and a new era in Libya's history dawned. Whether this is the kind of intervention that can be repeated, however, remains an open question - as does Libya's future and that of its neighbors.

Through an analysis of UN operations including international territorial administration, refugee camps, peacekeeping, the implementation of sanctions and the provision of humanitarian aid, this book shows that the powers exercised by the UN carry a serious risk of human rights abuse. The International Law Commission has codified and developed the law of institutional responsibility, but, while indispensable, these principles and rules cannot on their own ensure compliance and accountability. The 'liberty deficit' of the UN and of other international organisations thus remains an urgent legal and political problem. Some solutions may be available; indeed, recent state and institutional practice offers interesting examples in this respect. But at a fundamental level we need to ask ourselves whether, judged on the basis of the principle of liberty, the power shift from states to international organisations is always beneficial.

Based on exclusive interviews with the United Nations Secretary-General himself, this is the first book to explain how Antonio Guterres thinks and operates, in an era of renewed great power competition and rising nationalism. The UN leader was re-elected for a second term starting in 2022; yet, after five years in the job, Guterres' discreet diplomacy continues to intrigue even politicians, diplomats and analysts. 'Honest Broker' introduces a world leader to the world public, revealing Guterres' profound religion convictions, and his views on issues as wide-ranging as women's rights, gay rights, global terrorism and the political influence of social media. Pedro Latoeiro and Filipe Domingues tell the story of an extraordinary life, from Guterres' long association with the Clintons, and the mistakes and defeats that led to his resignation as Portuguese prime minister; to his decade advocating for the world's most vulnerable as UN High Commissioner for Refugees, and the diplomatic plotting to sabotage his candidacy for the top job. Through over 120 interviews about Guterres' life and career before he became Secretary-General, speaking with several former heads of state or government and senior UN officials, the authors help us understand what can be expected from the head of the United Nations as he confronts the challenges of the 2020s.

Since its establishment, the UN's Peacebuilding Architecture (PBA) has been involved in peacebuilding processes in more than 20 countries. This edited volume takes stock of the overall impact of the PBA during its first decade in existence, and generates innovative recommendations for how the architecture can be modified and utilized to create more synergy and fusion between the UN's peace and development work. The volume is based on commissioned research and independent evaluations as well as informed opinions of several key decision-makers closely engaged in shaping the UN's peacebuilding agenda. It seeks to find a balance between identifying the reality and constraints of the UN's multilateral framework, while being bold in exploring new and innovative ways in which the UN can enhance the results of its peace and development work through the PBA. The research and writing of each chapter has been guided by four objectives: to assess the overall impact of the PBA; to generate innovative ideas for how the PBA can be made more effective post-2015; to analyze the PBA's role at the nexus of the UN's peace and development work; and to consider what would be required for the PBA to increase and improve its impact in future. It will be of interest to diplomats, UN officials, the policy community and scholars engaged in the debate following the 2015 review and the implementation of its recommendations, and will be an essential resource for UN and peacebuilding scholars.

The book offers insights on whether international law can shape the politics of the Security Council and conversely, the extent to which the latter contribute to the development of international law. By providing a systematic analysis of the quantity and quality of international legal instruments referred to in the text of resolutions, the book reconstructs patterns of the Security Council's behavioural regularities and assesses them against the provisions of the United Nations Charter, which establishes its mandate. The analysis is divided into three periods - the origins and Cold War period, post-Cold War period and the twenty-first century - and assesses the resolutions passed in each period by thematic category. The book argues that while international law plays an important role in shaping the politics of the Security Council, the Council's resolutions do not contribute significantly to the development of international law.

This volume comprehensively evaluates the current state and future reform prospects of the UN Security Council, providing the most accessible and rigorous treatment of the subject of reform to date. Apart from a couple of critical eyes in the academic community, few have asked the pertinent questions that this volume seeks to address: Will the enlargement of the Council constitute a reform? Could the inclusion of countries such as India, Germany, Japan, and Brazil markedly improve the Council's agency? In response, this book focuses on: The Role and Agency of the UN Security Council The History of the Reform Debate An Expanded Council Working Method Reforms Enhancing Agency As the future of the UN Security Council continues to be the focus of fierce debate, this book will be essential reading for students of international relations, international organizations and international security studies alike.

Non-governmental organisations (NGOs) play an increasing political role on the international scene, and their position in relation to international law is generally regarded as important but informal. Their actual legal status has not been the subject of much investigation. This 2006 book examines the legal status of NGOs in different fields of international law, with emphasis on human rights law. By means of a thorough examination and systematisation of international legal rules and practices, the rights, obligations, locus standi and consultative status of NGOs are explored. This study is placed within a wider discussion on the representation of groups in the international legal system. Lindblom argues, on the basis of a discourse model of international decision-making, that non-governmental organisation is an important form of public participation that can strengthen the flawed legitimacy of the state-centric system of international law.

The International Criminal Tribunal for the former Yugoslavia (ICTY) struggled to apprehend and try high-profile defendants like the Serbian leader Slobodan Milo evi, and often received more criticism than praise. This volume argues that the underappreciated court has in fact made a substantial contribution to Bosnia and Herzegovina s transition to democracy. Based on more than three years of field research and several hundred interviews, this study brings together multiple research methods, including surveys, ethnography, and archival materials, to show the court s impact on five segments of Bosnian society, emphasizing the role of the social setting in translating international law in domestic contexts. Much of the early rhetoric about the transformative potential of international criminal law helped foster unrealistic expectations that institutions like the ICTY could not meet, but judged by more realistic standards, international law is seen to play a modest yet important role in postwar transitions. The findings of this study have implications for the study of international courts around the world and the role law plays in contributing to social change.

The end of the Cold War appeared to revitalise the Security Council and offered the prospect of restoring the United Nations to its central role in the maintenance of international peace and security. Between the Gulf War of 1990 and the 2003 invasion of Iraq, the UN Secretariat found itself in the midst of an unprecedented period of activity involving authorised and unauthorised actions leading to the use of force. In this 2010 book Ralph Zacklin examines the tensions that developed between the Secretariat and member states, particularly the five permanent members of the Security Council, concerning the process and content of the Council's actions in the Gulf War, Bosnia, Kosovo and the Iraq War as the Secretariat strove to give effect to the fundamental principles of the Charter.

This unique work by the Centre for Conflict Resolution (CCR), Cape Town, South Africa, tracks the progress Africa has made in achieving the United Nations' Millennium Development Goals (MDGs) since 2000. Thirteen analytical chapters written by scholars and practitioners with expertise in the various areas covered by the eight MDGs are organized around the larger themes of political economy, structural issues, sustainable goals, and human development goals. They critically assess the progress that Africa has made towards the achievement of the MDGs, discuss how to accelerate that progress, and offer alternatives and recommendations in support of institutions in Africa that are engaged in promoting the achievement of sustainable development. Throughout, they examine the role of various actors (including the African Union; Africa's regional economic communities, the United Nations, the European Union, etc.), civil society, and other external development partners in light of their contributions, shortfalls, and viable options in shaping the continent's development agenda. Together they provide a unique assessment from experts on the ground of whether the goals were a success and what remains to be done to achieve sustainable economic and human development in Africa.

"I have seen the UN perform on a changing global stage in many UN missions. This book examines how the UN must continue to evolve amongst changing state actors, differing regional organisations and a constant global paradigm shift. It is essential material for enhancing one's understanding of the nature of international conflict and for the continued relevance of the UN as a key stakeholder and participant in world affairs."-Maj. Gen. Kristin Lund, Head of Mission and Chief of Staff, UN peacekeeping mission in the Middle East (UNTSO) "This outstanding collection is a must-read for anyone interested in the central challenges of peacekeeping today. From big ideas about changes in global order, to more focused analyses of policing and the protection of civilians, this book provides a comprehensive overview of where peacekeeping is now, and what we may expect in the future."-Lise Morje Howard, Associate Professor, Georgetown University "The book analyses recent developments in UN peacekeeping in the context of the historic changes underway in the global order. I would recommend it to policy makers, peacekeepers and scholars who wish to understand, optimise and improve the effectiveness of modern peacekeeping."-Lt. Gen. Carlos Alberto dos Santos Cruz, former Force Commander in the UN missions in the DRC (MONUSCO) and Haiti (MINUSTAH) "Peacekeeping has been the most visible UN activity in its primary mandate to maintain international peace and security. In a world in disarray, as security threats mutate and the world order shifts away from US primacy and fresh challenges arise, the UN must respond with nimbleness and flexibility to stay relevant. This exceptional collection of analyses by experts from both the global North and South will be of interest to practitioners and scholars alike - highly recommended."-Ramesh Thakur, Professor, Australian National University "Peacekeeping is not what it was even a decade ago: global power is shifting, new types of conflicts are emerging, and demands on the United Nations and regional organizations are growing. Anyone interested in contemporary conflict resolution and the changing character of international peace operations should read this excellent book."-Roland Paris, Professor of International Affairs, University of Ottawa "This book is an insightful and forward-looking scholarly contribution to debates within the United Nations. It shows how profound the recent changes affecting peace operations are and pushes us all to rethink our assumptions about conflict, peace and the role of international organizations. It could not come at a better moment."-Jean-Marie Guehenno, UN High-level Advisory Board on Mediation, former UN Under-Secretary-General for Peacekeeping Operations This open access book explores how UN peace operations are adapting to four transformational trends in the changing global order: (1) the rebalancing of relations between states of the global North and the global South; (2) the rise of regional organisations as providers of peace; (3) the rise of violent extremism and fundamentalist non-state actors; and (4) increasing demands from non-state actors for greater emphasis on human security. It identifies emerging conflict and peace trends (robustness of responses, rise of non-state threats, cross-state conflicts) and puts them in the context of tectonic shifts in the global order (rise of emerging powers, North-South rebalancing, emergence of regional organisations as providers of peace). The volume stimulates a discussion between practitioners and academics from the global North and South, and offers an analysis of how the international community collectively makes sense of the changing global order and its implications for UN peace operations.

The Middle East has not, historically, been a first-order priority for Canadian foreign and defence policy. Most major Canadian decisions on the Middle East have come about through ad hoc decision-making rather than strategic necessity. Balancing international obligations with domestic goals, Canadian relations with this region try to find a balance between meeting alliance obligations and keeping domestic constituents content. Middle Power in the Middle East delves into some of Canada's key bilateral relations with the Middle East and explores the main themes in Canada's regional presence: arms sales, human rights, defence capacity-building, and mediation. Contributors analyse the key drivers of Canada's foreign and defence policies in the Middle East, including diplomatic relations with the United States, ideology, and domestic politics. Bringing together many of Canada's foremost experts on Canada-Middle East relations, this collection provides a fresh perspective that is particularly timely and important following the Arab uprisings.

The effective implementation of human rights treaty obligations in national law is subject to increasing attention. The main responsibility for the international monitoring of national implementation at the global level is entrusted to the UN human rights treaty bodies. These bodies are established by the respective human rights conventions and are composed of independent experts. This book examines three aspects of these bodies: the legal aspects of their structure, functions and decisions; their effectiveness in ensuring respect for human rights obligations; and the legitimacy of these bodies and their decisions. Containing contributions from a variety of eminent legal experts, including present and former members of the treaty bodies, the analysis should be read in light of the ongoing effort to strengthen treaty bodies under the auspices of the UN High Commissioner for Human Rights and with the involvement of relevant stakeholders.

The international community's practice of administering territories in post-conflict environments has raised important legal questions. Using Kosovo as a case study, Bernhard Knoll analyses the identity of the administrating UN organ, the ways in which the territories under consideration have acquired partial subjectivity in international law and the nature of legal obligations in the fiduciary exercise of transitional administration developed within the League of Nations' Mandate and the UN Trusteeship systems. Knoll discusses Kosovo's internal political and constitutional order and notes the absence of some of the characteristics normally found in liberal democracies, before proposing that the UN consolidates accountability guidelines related to the protection of human rights and the development of democratic standards should it engage in the transitional administration of territory.