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Dr. Nordquist's study and Newport Papers 13, What Color Helmet?,
reviews past peacekeeping operations and the aspects of the Charter
of the United Nations that govern the use of force. He proposes
that, given the end of the Cold War, distinctions in the UN Charter
framework between traditional peacekeeping and enforcement actions
can and ought to be reflected in future Security Council
peacekeeping mandates. He also offers realistic peace-enforcement
scenarios illustrating how updated mandates might operate. This
overview of the Charter and the challenges of modern peace
operations provides a better understanding of the legal and
institutional nature of the Security Council, of why existing
peacekeeping mandates now lack consistency, and of the importance
of dealing with these issues. This study is divided into five
chapters. The first focuses on the legal framework for peacekeeping
and enforcement operations under the United Nations Charter and the
North Atlantic Treaty. The general approach here is an
article-by-article review of the pertinent texts, without delving
into nuances of meaning or legislative history. Chapter II is a
brief summary of the forty peacekeeping operations in which the
United Nations engaged from June 1948 through the end of 1995.
Again, to foster a reform-minded policy outlook, only a skeletal
description of the mandate for each UN peacekeeping operation is
given. Marshaling such an outline of peacekeeping operations is
instructive in that even the bare recitation of this fifty years of
practice reveals a remarkable range of experiences. It is easy to
discern why Security Council mandates on peacekeeping lack
consistency. Chapter III of this study contains an analysis of UN
peacekeeping practice and of key points that ought to be dealt with
in reformulating traditional peacekeeping and enforcement actions
under Security Council mandates. In Chapter IV, several scenarios
are presented to illustrate how properly mandated peacekeeping and
enforcement operations might work in the post-Cold War era. To
emphasize the critical distinctions between different use of force
mandates and the corresponding legal status of the individuals
involved, the illustrations refer to white, blue, and green helmet
participants. Chapter V of this study proposes a few suggestions to
improve Security Council mandates for "mixed" traditional
peacekeeping and enforcement actions. A threshold comment is needed
for clarification about the use of the term "peacekeeping" in this
study. When the term appears alone, it refers to the great variety
of activities that have been mandated and therefore formally
designated as "peacekeeping" operations. As will be explained,
peacekeeping is a generic label that, inter alia, obscures an
important legal distinction between traditional peacekeeping and
enforcement actions. From a legal perspective, it is important to
know what is meant by the term "peacekeeping." However, efforts to
use more precise words with better defined meanings may also pose
problems. For instance, the term "peace enforcement" is now heard
and often seen in the literature. While this is an understandable
effort to distinguish operations based on consent from those that
are not, the term is not taken from the Charter, is ill-defined in
actual practice, and is logically inconsistent as a phrase. The
approach preferred in this study is to use words taken from the
text of the Charter or with an agreed meaning in State practice.
However, bowing to overwhelming usage, an exception to this
preference for precise language is made in the case of the term
"peacekeeping." Accordingly, the term is used in this study
generically to cover the entire spectrum of activities ranging from
traditional peacekeeping to enforcement actions.
Maritime security is a major challenge for the international
community that cuts across a broad spectrum of scholarly
disciplines and maritime operation. This volume provides in-depth
analysis of current international and regional approaches to
maritime security, cargo, port and supply chain security, maritime
information sharing and capacity building. The work describes
measures in place at multilateral and regional levels to improve
information sharing and operational coordination regarding security
threats to shipping, offshore installations and port facilities.
Several chapters address measures aimed at reducing acts of piracy
and armed robbery against shipping at sea. This edited volume
contains articles by government officials, senior naval and coast
guard commanders as well as by leading jurists and academics. One
unique feature of this volume is that many of the contributions are
by operational commanders with first-hand experience of the
practical law enforcement problems involved in minimizing
disruption to legitimate trade and business. This collection will
appeal to all concerned with maritime security and the protection
of vital international trade by sea. The CD accompanying the volume
includes important documents such as the UN Convention on the Law
of the Sea as well many PowerPoint presentations from the
thirty-first annual Virginia conference held in Heidelberg,
Germany, May 24-26, 2007.
"Oceans Policy: New Institutions, Challenges and Opportunities
draws attention to three new international institutions created by
the 1982 Convention on the Law of the Sea. The International Seabed
Authority located in Jamaica governs global activities to convert
polymetallic resources into reserves of metal. The Legal Counsel
for the Authority provides the first public review of the
Authority's draft Mining Code containing the rules, regulations,
and procedures for deep seabed mining. The second institution dealt
with is the International Tribunal for the Law of the Sea.
Professor Louis Sohn outlines several innovative uses of advisory
opinions available to the Tribunal while the President of the
Tribunal reports on a busy first year of work by this new
institution located in Hamburg. Other items discussed are the
jurisdiction of the Tribunal and its working methods, including its
rules, proceedings and internal procedures.
The third international institution established to implement the
1980 Convention is the Commission on the Limits of the Continental
Shelf beyond 200 nautical miles. An explanation is given of the
geographical context for the development of the legal concept of
the Continental Shelf. The principal problems that the Commission
must resolve are summarized, in particular with respect to the
definition in the Convention of the outer limit of the Continental
Shelf.
The fourth part of this work is focused on the global challenges
posed by drug trafficking in the Caribbean region. The
international legal framework governing intercepting illegal drug
shipments at sea is analyzed. Recent counter-drug initiatives
undertaken at the International Maritime Organizationare then
reviewed. The book also contains discussion of the growing threat
to ocean freedom posed by piracy and armed robbery at sea, as well
as the increasing problems in reconciling the rules for salvage of
shipwrecks and underwater archeology.
The publication is based on a conference held in Jamaica that was
organized by the Center for Oceans Law and Policy, University of
Virginia School of Law.
Each year, the Center for Oceans Law and Policy of the University
of Virginia School of Law hosts a conference on a topical subject.
The twenty-fourth meeting was co-sponsored by the Food and
Agriculture Organization of the United Nations (FAO), and held in
March 2000 at its Rome headquarters. The conference, "Current
Fisheries Issues and" "the Food and Agriculture Organization of the
United Nations," featured two days of presentations from many of
the world's formost experts on global fisheries. The published
conference proceedings include papers by the Honorable Frank E.
Loy, Under Secretary of State for Global Affairs, Department of
State, USA; Rudiger Wolfrum, Judge at the International Tribunal of
the Law of the Sea; and Gerald Moore, former Legal Counsel to the
Food and Agriculture Organization of the United Nations. Topics
discussed include recent developments and issues relating to the UN
Fish Stocks Agreement, the Law of the Sea Convention, and the FAO
Compliance Agreement. Illegal, unreported, and unregulated fishing
is also examined, as well as the International Code of Conduct for
Responsible Fisheries and future directions in fisheries
management. The papers present enlightened analyses of these
important issues. "Current Fisheries Issues and the Food and"
"Agriculture Organization of the United Nations" is a landmark
collection of expert opinions, compiled through the cooperation of
an academic institution and an international organization firmly
dedicated to international fisheries law.
The "1994 Rhodes Papers," beginning with a foreword by Sir Robert
Y. Jennings, member and former President of the International Court
of Justice, offer a collection of contributions dealing with the
negotiations and events leading to the entry into force of the UN
Convention on the Law of the Sea. The volume also includes
contributions of key participants from the Third United Nations
Conference on the Law of the Sea, the subsequent work of the
Preparatory Commission, and the Secretary-General's consultations
adjusting Part XI of the convention. The collection is based on
presentations made during the annual seminar of the Center for
Oceans Law and Policy (University of Virginia School of Law), held
in May 1994, at Rhodes, Greece. Topics include: UN efforts to
adjust Part XI and perspectives thereon; legal effects of entry
into force for parties and nonparties; consideration of the
Convention by the U.S. Senate; and current fisheries issues in
relation to the Convention.
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