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.

This is the official Record of the Report of the Committee on the Rights of the Child

This textbook presents a detailed insight into the structures and processes of preparing students for Model United Nations (MUN) conferences and for attending Model United Nations conferences, subsequently. It serves as a handbook and practical guide for the implementation of MUN into courses and classes in educational institutions. Written by a Faculty Advisor, and offering additional insights from an experienced award-winning MUN delegate, the book provides a particularly exceptional insightful, and well-rounded approach. The author explains how a MUN course can be taught, presents exercises to prepare students for the conference, and discusses how the MUN delegation and trip to the conference can be organized. This comprehensive guide offers insights into a broad range of topics, including debates with peers, diplomacy to solve international crises, and learning about the system of the United Nations (UN) organization through simulation. Further, it covers the development of soft skills and communication at the conferences and building international friendships, while it additionally allows learning more about the UN Sustainable Development Goals (SDGs) in the process. With tips, tricks, and bonus material this book will serve as an anchor throughout the students' first MUN experience, as well as provide valuable help for more advanced participants. The book, therefore, is a must-read for both academic staff teaching MUN, as well as students attending MUN courses and planning to attend MUN conferences.

Despite the key importance of accountability for the legitimacy of humanitarian action, inadequate academic attention has been given to how the concept of accountability is evolving within the specific branches of the humanitarian enterprise. Up to now, there exists no comprehensive account of what we label the 'technologies of accountability', the effects of their interaction, or the question of how the current turn to decision-making software and biometrics as both the means and ends of accountability may contribute to reshaping humanitarian governance. UNHCR and the Struggle for Accountability explores the UNHCR's quest for accountability by viewing the UNHCR's accountability obligations through the web of institutional relationships within which the agency is placed (beneficiaries, host governments, implementing partners, donors, the Executive Committee and UNGA). The book takes a multidisciplinary approach in order to illuminate the various layers and relationships that constitute accountability and also to reflect on what constitutes good enough accountability. This book contributes to the discussion regarding how we construct knowledge about concepts in humanitarian studies and is a valuable resource for academics, researchers and professionals in the areas of anthropology, history, international relations, international law, science, technology studies and socio-legal studies.

Since the United Nations (U.N.) was established in 1945, the U.S. government, including many Members of Congress, has maintained an ongoing interest in the criteria and process for membership in the United Nations and its specialized agencies. The United Nations currently has 193 member states and two observer non-member statesthe Holy See (Vatican) and "Palestine." Each of the U.N. system's 15 specialized agencieswhich are independent international intergovernmental organizations with their own constitutions, rules, and budgetshave different criteria and processes for membership. This book highlights key steps in the process for attaining membership in the United Nations and its specialized agencies. It discusses the capacities associated with U.N. membership and observer status, as well as criteria for and implications of membership.

The UN General Assembly has expressed concerns about the relatively large and growing portion of the UN budget spent on total compensation. The United States contributes 22 percent of the UN's regular budget. UN total compensation consists of salary, benefits, and allowances. Since its inception in 1945, the UN has based salaries for its professional employees on salaries for the U.S. civil service. This book examines similarities between UN and U.S. government benefits and allowances and compares their monetary values, and examines UN efforts to address concerns about the sustainability of total compensation costs.

When international courts are given sweeping powers, why would they ever refuse to use them? The book explains how and when courts employ strategies for institutional survival and resilience: forbearance and audacity, which help them adjust their sovereignty costs to pre-empt and mitigate backlash and political pushback. By systematically analysing almost 2,300 judgements from the European Court of Human Rights from 1967–2016, Ezgi Yildiz traces how these strategies shaped the norm against torture and inhumane or degrading treatment. With expert interviews and a nuanced combination of social science and legal methods, Yildiz innovatively demonstrates what the norm entails, and when and how its contents changed over time. Exploring issues central to public international law and international relations, this interdisciplinary study makes a timely intervention in the debate on international courts, international norms, and legal change. This book is available as Open Access on Cambridge Core.

The United Nations Human Rights Council was created in 2006 to replace the UN Commission on Human Rights. The Council's mandate and founding principles demonstrate that one of the main aims, at its creation, was for the Council to overcome the Commission's flaws. Despite the need to avoid repeating its predecessor's failings, the Council's form, nature and many of its roles and functions are strikingly similar to those of the Commission. This book examines the creation and formative years of the United Nations Human Rights Council and assesses the extent to which the Council has fulfilled its mandate. International law and theories of international relations are used to examine the Council and its functions. Council sessions, procedures and mechanisms are analysed in-depth, with particular consideration given to whether the Council has become politicised to the same extent as the Commission. Whilst remaining aware of the key differences in their functions, Rosa Freedman compares the work of the Council to that of treaty-based human rights bodies. The author draws on observations from her attendance at Council proceedings in order to offer a unique account of how the body works in practice. The United Nations Human Rights Council will be of great interest to students and scholars of human rights law and international relations, as well as lawyers, NGOs and relevant government agencies.

This volume examines the attitudes of political, military and non-state actors towards the United Nations Emergency Peace Service, and explores issues that might affect support for the establishment of UNEPS in both theory and practice. This book explores the United Nations Emergency Peace Service (UNEPS) proposal, which is a civil society-led idea to establish a permanent UN peacekeeping service to overcome some of the shortcomings facing UN peace operations as well as to operationalise the emerging norm of the responsibility to protect civilians from atrocity crimes. As with previous proposals for a standing UN army or peacekeeping capacity, the UNEPS proposal has received limited support from governments partly because of concerns about its feasibility and the perception that such a service would erode state sovereignty. The book argues that interest in, and support for, the UNEPS proposal is determined by the extent to which the norms embedded in the UNEPS proposal are consistent with actors' views on the world.Another factor influencing the support the proposal enjoys is the extent to which it is perceived as realistic, achievable and capable of contributing to the workings of the UN and regional peacekeeping systems in areas that are seen to be deficient. The book makes a case for localising the UNEPS proposal so that it honours and incorporates the normative and problem-solving preferences of respondents and other actors. Because of the diversity of responses, this book does not commit to any concrete suggestions for reforming the UNEPS proposal; however, it does suggest that UNEPS' architects might consider developing a less ambitious proposal as a first step to creating a rapidly deployable service with the mandate to prevent atrocity crimes. It examines various alternatives towards this end. The book concludes that because the UNEPS proposal is intricately linked to the UN, trust in the world organisation is an essential ingredient in generating support for the idea. It argues that a central way of achieving this is to ensure that the values and priorities of a wide range of stakeholders are seen to be represented in the Organisation's structure and workings.This book will be of much interest to students of peace operations, the Responsibility to Protect, the UN, International Relations and security studie in general.

This book evaluates the concept of the function of law through the prism of the International Court of Justice. It goes beyond a conventional analysis of the Court's case law and applicable law, to consider the compromise between supranational order and state sovereignty that lies at the heart of its institutional design.
It argues that this compromise prevents the Court from playing a progressive role in the development of international law. Instead, it influences the international legal order in more subtle ways, in particular, in shaping understanding of the nature or form of the international legal order as a whole. The book concludes that the role of the Court is not to advance some universal conception of international law but rather to decide the cases before it in the best possible way within its institutional limits, while remaining aware of law's deeper theoretical foundations.
The book considers three key elements: firstly, it examines the historical aspects of the Court's constitutive Statute, and the manner in which it defines its judicial character. Secondly, it considers the drafting process, the function of a dissenting opinion, and the role of the individual judge, in an attempt to discern insights on the function of the Court. Finally, the book examines the Court's practice in regard to three conceptual issues which assist in understanding the Court's function: its theory of precedent; its definition of the 'international community'; and its theory on the completeness of the international legal order.

In October 2010, Hofstra University hosted a symposium evaluating American presidential leadership at the United Nations (UN) from 1945 to the present. Sixty-five years after the creation of this unique international organisation in the final months of World War II, an evaluation of its achievements and challenges from the perspective of the American presidency was both timely and necessary. The United States hosts the UN, pays the largest share of its dues, and typically guides its agenda, particularly in matters of international peace and security. The president directs American foreign policy and therefore represents U.S. interests at the UN. How do American presidents work through the UN to achieve their foreign policy goals, and what are the prospects for future co-operation in the 21st century? This book presents the symposium findings. The first part examines how American institutions, namely, the president, Congress, and the executive branch, work with the international organisation. The second part evaluates how presidents pursue multilateral policy initiatives through the UN as well as proposals for UN reform that would promote executive interests there more effectively. Contributors include experts on the American presidency, political communication, and international security.

In this detailed, candid and illuminating memoir, Ambassador Shola Omoregie sheds light on a personal journey from childhood in Nigeria, through professional transition in the Nigerian Foreign Service to his eventual elevation as a top United Nations Official.

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.

During his momentous time as Secretary-General of the UN, Kofi Annan played a decisive role in launching the Millennium Development Goals, establishing the International Criminal Court, and articulating the Responsibility to Protect as a guiding principle for international action. In 2001--just after the attacks of 9/11--he and the UN jointly received the Nobel Peace Prize for their work for a better organized and more peaceful world. These and other crucial events including the crises over Kosovo and East Timor, and the war in Iraq--are encapsulated in this book of Kofi Annan s key speeches throughout his term of office. These highlights have been carefully selected, edited, and introduced to give a broad view of Annan s most pressing concerns and the eloquence with which he addressed them. Covering subjects from development, health, and climate change to the prevention of genocide and the ideal of diversity, these statements show how deeply involved the UN was in the most important issues of the era. In them, Annan poignantly addresses not just political leaders and diplomats, but the individuals he considers emblematic of the dilemmas the world faces the young girl born in Afghanistan on the day Annan accepted the Nobel Peace Prize; the child soldier in Sierra Leone; and every one of the 23 members of what he calls the UN family killed by a truck bomb in Iraq. Separate chapters on Africa and the Middle East reveal Annan s special concern with some of the world s biggest challenges, ongoing in an era of crises in Syria, Egypt, and beyond.Since leaving the UN, Kofi Annan has established his own Foundation in Geneva and serves as Chairman of the the Alliance for a Green Revolution in Africa (AGRA), the Elders and the Africa Progress Panel. He received the very first MacArthur Award for International Justice; mediated a political settlement to end the post-election violence in Kenya in 2008; served as Joint Special Envoy of the UN and the Arab League for Syria (2012); and published a widely reviewed book, Interventions: A Life in War and Peace. These and other activities have confirmed his role as an influential global actor beyond his time at the UN. This book reminds us how his ideas and priorities were incubated and, indeed, proclaimed. His words on war, peace, humanity, and man s inhumanity to man still resonate in many ways and offer many pointers for maintaining and developing the UN as a vital instrument for humanity in the coming decades. "

Members of Congress continue to demonstrate an ongoing interest in the efficiency and effectiveness of United Nations (U.N.) development activities, both in the context of U.N. reform and broader U.S. development and foreign assistance efforts. Thirty-two U.N. agencies, funds, programs, and offices play a role in development. These entities, collectively referred to as the U.N. development system (UNDS), are independent intergovernmental organisations with distinct mandates, rules, membership, and financial resources. They work to help countries achieve social and economic progress through a range of development activities, including program implementation, technical assistance, providing forums for intergovernmental co-operation, setting and facilitating international standards and norms, advocacy and awareness raising, and research and data collection. This book discusses the origins and evolving role of the UNDS and its perceived strengths and weaknesses, with a focus on the current UNDS structure, funding levels and trends.

Written by a leading expert in the field, this book analyses the complex relations between the European Union (EU) as a regional organization and the United Nations (UN) as an international, global governance institution. The book explores how collaboration between the EU and the UN has evolved and how the two entities collaborate both structurally and in day-to-day work. It shows how the EU acts within institutions such as the United Nations General Assembly and how UN agencies, funds and entities, such as UNHRC, UNICEF and UN Women, interact with the EU and its member states. Through its analysis, the book demonstrates how, despite recent criticism, patterns of multilateralism and cooperation between regional and international institutions can be central to stable patterns of rules-based regional and global governance.

International criminal justice has undergone rapid recent development. Since the establishment of the International Criminal Tribunal for the former Yugoslavia (ICTY) in 1993, and the International Criminal Tribunal for Rwanda (ICTR) in the following year, the field has changed beyond recognition. The traditional immunity of presidents or heads of government, prime ministers, and other functionaries acting in an official capacity no longer prevails; the doctrine of superior orders is inapplicable except, where appropriate, as in mitigation; and the gap between international armed conflict and non-international armed conflict has closed. More generally, the bridge has been crossed between the irresponsibility of the state and the criminal responsibility of the individual. As a result, the traditional impunity of the state has practically gone. This book, by one of the former judges of the ICTY, ICTR, and the International Court of Justice, assesses some of the workings of the ICTY that have shaped these developments. In it, Judge Shahabuddeen provides an insightful overview of the nature of this criminal court, established on behalf of the whole of the international community. He reflects on its transformation into one of the leading fora for the growth of international criminal law first-hand, offering a unique perspective on the challenges it has faced. Judge Shahabuddeen's experience in international criminal justice makes this volume essential reading for those interested in, or working with, international criminal law.

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 examines how the United Nations Security Council, in exercising its power to impose binding non-forcible measures ('sanctions') under Article 41 of the UN Charter, may violate international law, in the sense of limits on its power imposed by the UN Charter itself and by general international law, including human rights guarantees. Such acts may engage the international responsibility of the United Nations, the organization of which the Security Council is an organ. It then proceeds to assess how and by whom the engagement of this responsibility can be determined. Most importantly, the book discusses how and by whom the responsibility of the UN for unlawful Security Council sanctions can be implemented. In other words, how the UN can be held to account for Security Council excesses. The central thesis of this work is that States can respond to unlawful sanctions imposed by the Security Council, in a decentralized manner, by disobeying the Security Council's command. In international law, this disobedience can be justified as constituting a countermeasure to the Security Council's unlawful act. Recent practice of States, both in the form of executive acts and court decisions, demonstrates an increasing tendency to disobey sanctions that are perceived as unlawful. After discussing other possible qualifications of disobedience under international law, the book concludes that this practice can (and should) be qualified as a countermeasure.

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.

The United Nations (UN) is an international organisation whose stated aims are to facilitate co-operation in international law, international security, economic development, social progress, human rights and achieving world peace. The UN was founded in 1945 after World War II to replace the League of Nations, to stop wars between countries and to provide a platform for dialogue. There are currently 192 member states, including nearly every recognised independent state in the world. From its headquarters on international territory in New York City, the UN and its specialised agencies decide on substantive and administrative issues in regular meetings held throughout the year. This new and important book presents the proceedings of a conference dedicated to the past, present and future of this sometimes unwieldy but essential international organisation.

As the Kadi-hype following the 2008 European Court of Justice judgment demonstrated, there are many problems associated with the judicial review of acts of international organizations. This book is the first to present a broader overview of how acts of international organizations have been challenged before national courts. It covers such diverse organizations as the United Nations, its subsidiary organs, such as the specialized international criminal courts for the former Yugoslavia and Rwanda, the European Patent Office, the European Schools, EUROCONTROL, OPEC, and INTERPOL Building extensively on the case law of domestic courts, the chapters highlight reoccurring legal issues in light of four working hypotheses. These relate to the nature of judicial review of the acts of international organizations, its interdependence with domestic methods of incorporating international law, the conditions of a human rights-based review, and the tension between the independent functioning of an organization and guaranteeing legal protection against its acts. This approach ensures consistency among the book's chapters, which each focus on a different organization. Its conclusion brings the different findings together and analyses them in the light of the working hypotheses. It also discusses whether attempts to secure a certain minimum level of legal protection against acts of international organizations through judicial review by national courts may contribute to securing greater accountability of international organizations.

This book aims to give a contribution to a more comprehensive and interdisciplinary understanding of the cross-cutting issues on energy, environment and health research topics in the current world scenario, where nations all over the world are struggling to accomplish the United Nations Sustainable Development Goals and to ensure sustainable patterns for all. This interdisciplinary implies a commitment between all fields of science, working together to provide knowledge that could result in the promotion of quality of life. At the present, it is evident that not all people benefit from sustainable policies and practices and the communication between health, energy, environmental and social problems is undeniable. A call for different views could be a pathway attracting universities, stakeholders, organizations and civil society to deeply discuss how one solution does not fit all societies. Few publications are coherently handling this matter. This book is expected to fill this gap and to develop an interest in a larger audience working in general sustainable development and cross-cutting issues. This book is produced by the European School of Sustainability Science and Research (ESSSR). It gives special emphasis to state-of-the-art descriptions of approaches, methods, initiatives and projects from universities, stakeholders, organizations and civil society across the world, regarding cross-cutting issues in energy, environment and health research.

Ideas and concepts have been a driving force in human progress, and they may be the most important legacy of the United Nations. UN ideas have set past, present, and future international agendas in many global economic and social arenas and have also led to initiatives and actions that have improved the quality of human life. This capstone volume draws upon findings of the other 14 books in the acclaimed United Nations Intellectual History Project Series. The authors not only assess the development and implementation of UN ideas regarding sustainable economic development and human security, but also apply lessons learned to suggest ways in which the United Nations can play a fuller role in confronting the challenges of human survival with dignity in the 21st century.

This book examines the obligations of troops to prevent serious abuses of human rights towards civilians under international humanitarian law and international human rights law. It analyzes the duty to intervene to stop the commission of serious abuses of human rights by analyzing the meaning and practical consequences for troops, in terms of civilian protection, of the Article 1 duty to respect and ensure respect for the Geneva Conventions; of the duty to secure human rights (found in most international human rights treaties); and of the duty to restore law and order in an occupation.
The book also analyzes the extent of troops' obligations to provide protection in light of various different operational and legal contexts in and discusses 'grey areas' and lacuna of coverage. A discussion of whether new approaches are needed, for example where operations are undertaken explicitly to protect people from serious violations of their human rights follows; and the book concludes by offering some guidelines for troops faced with such violations.