The Rule Of Law In The United Nations Security Council Decision Making Process

Author : Sherif Elgebeily
Publisher : Routledge
ISBN 13 : 1315413434
Total Pages : 221 pages
Book Rating : 4.33/5 ( download)

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Download or read book The Rule of Law in the United Nations Security Council Decision-Making Process written by Sherif Elgebeily and published by Routledge. This book was released on 2017-03-31 with total page 221 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN Security Council is entrusted under the UN Charter with primary responsibility for the maintenance and restoration of the international peace; it is the only body with the power to authorise military intervention legally and impose international sanctions where it decides. However, its decision-making process has hitherto been obscure and allegations of political bias have been made against the Security Council in its responses to potential international threats. Despite the rule of law featuring on the Security Council’s agenda for over a decade and a UN General Assembly declaration in 2012 establishing that the rule of law should apply internally to the UN, the Security Council has yet to formulate or incorporate a rule of law framework that would govern its decision-making process. This book explains the necessity of a rule of law framework for the Security Council before analysing existing literature and UN documents on the domestic and international rule of law in search of concepts suitable for transposition to the arena of the Security Council. It emerges with eight core components, which form a bespoke rule of law framework for the Security Council. Against this framework, the Security Council’s decision-making process since the end of the Cold War is meticulously evaluated, illustrating explicitly where and how the rule of law has been undermined or neglected in its behaviour. Ultimately, the book concludes that the Security Council and other bodies are unwilling or unable adequately to regulate the decision-making process against a suitable rule of law framework, and argues that there exists a need for the external regulation of Council practice and judicial review of its decisions.

Author : Jeremy Farrall
Publisher : Routledge
ISBN 13 : 1317338391
Total Pages : 304 pages
Book Rating : 4.90/5 ( download)

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Download or read book Strengthening the Rule of Law through the UN Security Council written by Jeremy Farrall and published by Routledge. This book was released on 2016-04-14 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN Security Council formally acknowledged an obligation to promote justice and the rule of law in 2003. This volume examines the extent to which the Council has honoured this commitment when exercising its powers under the UN Charter to maintain international peace and security. It discusses both how the concept of the rule of law regulates, or influences, Security Council activity and how the Council has in turn shaped the notion of the rule of law. It explores in particular how this relationship has affected the Security Council’s three most prominent tools for the maintenance of international peace and security: peacekeeping, sanctions and force. In doing so, this volume identifies strategies for better promotion of the rule of law by the Security Council. This book will be of interest to scholars and students of international law, international relations, international development and peacekeeping.

Author : Johan Kaufmann
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789028604100
Total Pages : 312 pages
Book Rating : 4.03/5 ( download)

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Download or read book United Nations written by Johan Kaufmann and published by Martinus Nijhoff Publishers. This book was released on 1980-09-12 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Hans Köchler
Publisher :
ISBN 13 :
Total Pages : 60 pages
Book Rating : 4.88/5 ( download)

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Download or read book The Voting Procedure in the United Nations Security Council written by Hans Köchler and published by . This book was released on 1991 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Michael Wood
Publisher : Cambridge University Press
ISBN 13 : 1108613640
Total Pages : 251 pages
Book Rating : 4.44/5 ( download)

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Download or read book The UN Security Council and International Law written by Michael Wood and published by Cambridge University Press. This book was released on 2022-06-09 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN Security Council and International Law explores the legal powers, limits and potential of the United Nations Security Council, offering a broadly positive (and positivist) account of the Council's work in practice. This book aims to answer questions such as 'when are Council decisions binding and on whom?', 'what legal constraints exist on Council decision making?' and 'how far is the Council bound by international law?'. Defining the controlling legal rules and differentiating between what the Council can do, as opposed to what it should do as a matter of policy, this book offers both a tool for assessment of the Council as well as realistic solutions to address its deficiencies, and, most importantly, evaluates its potential for maintaining international peace and security, to the benefit of us all.

Author : Loraine Sievers
Publisher : Oxford University Press, USA
ISBN 13 : 0199685290
Total Pages : 744 pages
Book Rating : 4.95/5 ( download)

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Download or read book The Procedure of the UN Security Council written by Loraine Sievers and published by Oxford University Press, USA. This book was released on 2014 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text is a revised edition and contains new material documenting the extensive and rapid innovations in the UN Security Council's procedures of the past two decades. It provides insight into the inside workings of the world's pre-eminent body for the maintenance of international peace and security. Grounded in the history and politics of the Council, it describes the ways the Council has responded through its working methods to a changing world. It explains the Council's role in its wider UN Charter context and examines its relations with other UN organs and its own subsidiary bodies.

Author : Kenneth Manusama
Publisher : BRILL
ISBN 13 : 9047409906
Total Pages : 362 pages
Book Rating : 4.08/5 ( download)

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Download or read book The United Nations Security Council in the Post-Cold War Era written by Kenneth Manusama and published by BRILL. This book was released on 2006-06-01 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the role of international law in the Security Council’s decisions and decision-making process since the end of the Cold War, with the principle of legality as theoretical framework.

Author : Devika Hovell
Publisher : Oxford University Press
ISBN 13 : 0198717679
Total Pages : 225 pages
Book Rating : 4.76/5 ( download)

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Download or read book The Power of Process written by Devika Hovell and published by Oxford University Press. This book was released on 2016 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: The UN Security Council's transition to 'targeted sanctions' in the 1990s marked a revolutionary shift in the locus of the Council's decision-making from states to individuals. The establishment of the targeted sanctions regime, should be regarded as more than a shift in policy and invites attention to an emerging tier of international governance. This book examines the need to develop a due process framework having regard to the uniquely political and crisis-based context in which the Security Council operates. Drawing on Anglo-American jurisprudence, this book develops procedural principles for the international institutional context using a value-based approach as an alternative to the formalistic approach taken in the literature to date. In doing so, it is recognized that due process is more than a set of discrete legal standards, but is a touchstone for the way the international legal order conceives of far larger questions about community, law and values.

Author : John W. Halderman
Publisher : Dobbs Ferry, N.Y. : Oceana Publications
ISBN 13 :
Total Pages : 264 pages
Book Rating : 4.14/5 ( download)

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Download or read book The United Nations and the Rule of Law written by John W. Halderman and published by Dobbs Ferry, N.Y. : Oceana Publications. This book was released on 1966 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Study of the legal aspects and powers of the UN - covers the quasi-legislative and judicial authority of the organisation through recommendations and collective measures, its function as the world court, and international law. Bibliography pp. 3 and 4.

Author : David Schweigman
Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9789041116413
Total Pages : 384 pages
Book Rating : 4.19/5 ( download)

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Download or read book The Authority of the Security Council Under Chapter VII of the UN Charter written by David Schweigman and published by Martinus Nijhoff Publishers. This book was released on 2001-05-30 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume discusses the legal limits to the authority of the Security Council under Chapter VII of the United Nations Charter. The interest in this topic regained importance when the Security Council started to play an increasingly active role after a period of dormancy between 1945 and 1990. The work describes various approaches to Charter interpretation, provides an overview of the Council's powers under the Charter and surveys the Council's recent practice with regard to the maintenance of international peace and security. Subsequently the sources and contents of the limits to the Council's authority are analyzed. This is followed by an analysis of the role of the International Court of Justice, which includes an overview of the main obstacles to, and possibilities of, judicial review by the Court of Council decisions taken under Chapter VII. Finally, the work discusses recent proposals to enhance the Council's legitimacy.