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The UN Secretary-General and the Security Council : a dynamic relationship
This volume fills an important lacuna in the scholarship on the UN system. Although there exists today an impressive body of literature on the development and significance of the Secretariat and the Security Council as separate organs, an important gap remains in our understanding of the interactions between them. Bringing together some of the most prominent authorities on the subject, this volume is the first book-length treatment of this topic. It studies the UN from an innovative angle, creating new insights on the (autonomous) policy-making of international organizations, and adds to our understanding of the dynamics of intra-organizational relationships.-- Publisher's website.
Book
The Chapter VII Powers of the United Nations Security Council
This study provides a comprehensive analysis of the questions pertaining to the powers of the Security Council under Chapter VII of the Charter of the United Nations. In doing so it departs from the premise that an analysis of the limitations to the powers of the Security Council and an analysis of judicial review of such limitations by the ICJ, respectively, are inter-dependent. On the one hand, judicial review would only become relevant if and to the extent that the powers granted to the Security Council under Chapter VII of the Charter are subject to justiciable limitations. On the other hand, the relevance of any limitation to the powers of the Security Council would remain limited if it could not be enforced by judicial review. This inter-dependence is reflected by the fact that Chapters 2 and 3 focus on judicial review in advisory and contentious proceedings, respectively, whereas Chapters 4 to 9 examine the limits to the powers of the Security Council. The concluding chapter subsequently illuminates how the respective limits to the Security Council’s enforcement powers could be enforced by judicial review. It also explores an alternative mode of review of binding Security Council decisions that could complement judicial review by the ICJ, notably the right of states to reject illegal Security Council decisions as a ‘right of last resort’. The space and attention devoted to the limits to the Security Council’s enforcement powers reflects the second aim of this study, namely to provide new direction to this aspect of the debate on the Security Council’s powers under Chapter VII of the Charter. It does so by paying particular attention to the role of human rights norms in limiting the type of enforcement measures that the Security Council can resort to in order to maintain or restore international peace and security.
eBook
Key documents on the reform of the UN Security Council 1991-2019
\"Key Documents on the Reform of the UN Security Council 1991-2019\" brings together primary source documents reflecting the political, legal and academic discussions about reform of the United Nations Security Council, in particular its membership and decision-making. The collection objectively reflects the various positions of all participants, including governments, UN bodies, universities and think tanks.
eBook
After Anarchy
The politics of legitimacy is central to international relations. When states perceive an international organization as legitimate, they defer to it, associate themselves with it, and invoke its symbols. Examining the United Nations Security Council, Ian Hurd demonstrates how legitimacy is created, used, and contested in international relations. The Council’s authority depends on its legitimacy, and therefore its legitimation and delegitimation are of the highest importance to states. Through an examination of the politics of the Security Council, including the Iraq invasion and the negotiating history of the United Nations Charter, Hurd shows that when states use the Council’s legitimacy for their own purposes, they reaffirm its stature and find themselves contributing to its authority. Case studies of the Libyan sanctions, peacekeeping efforts, and the symbolic politics of the Council demonstrate how the legitimacy of the Council shapes world politics and how legitimated authority can be transferred from states to international organizations. With authority shared between states and other institutions, the interstate system is not a realm of anarchy. Sovereignty is distributed among institutions that have power because they are perceived as legitimate.
eBook
Maintaining peace and security? : the United Nations in a changing world
\"The security concerns of the United Nations today extend far beyond what the writers of the 1945 Charter could have imagined. As a result, the UN has been compelled to reconsider the parameters of what constitutes a threat to international peace and security, and what it means to be safe and secure in the twenty-first century. This text critically assesses the capacity of the UN to evolve in response to changing notions of security, and examines the complex history of people, places and politics that have helped shape this important global actor\"-- Provided by publisher.
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Petulant and Contrary: Approaches by the Permanent Five Members of the UN Security Council to the Concept of 'threat to the peace' under Article 39 of the UN Charter
Aside from self-defence, a UN Security Council authorisation under Chapter VII is the only exception to the prohibition on the use of force. Authorisation of the use of force requires the Security Council to first determine whether that situation constitutes a 'threat to the peace' under Article 39. The Charter has long been interpreted as placing few bounds around how the Security Council arrives at such determinations. As such commentators have argued that the phrase 'threat to the peace' is undefinable in nature and lacking in consistency. Through a critical discourse analysis of the justificatory discourse of the P5 surrounding individual decisions relating to 'threat to the peace' (found in the meeting transcripts), this book demonstrates that each P5 member has a consistent definition and understanding of what constitutes a 'threat to the peace'.
eBook
The United Nations, peace and security : from collective security to the responsibility to protect
\"Ending humanitarian atrocities has become as important for the United Nations as preventing interstate war. This book examines the transformation of UN operations, analysing its changing role and structure. Ramesh Thakur asks why, when and how force may be used, and argues that the growing gulf between legality and legitimacy is evidence of an eroded sense of international community. He considers the tension between the United States, with its capacity to use force and project power, and the United Nations, as the centre of the international law enforcement system. He asserts the central importance of the rule of law and a rules-based order focused on the United Nations as the foundation of a civilised system of international relations. This book will be of interest to students of the United Nations and international organisations in politics, law and international relations departments, as well as policymakers in governmental and non-governmental international organisations\"-- Provided by publisher.
Book
Reforming the UN Security Council Membership
This book comprehensively examines the different proposals put forward for reforming the UN Security Council by analysing their objectives and exploring whether the implementation of these proposals would actually create a representative and more effective Security Council. The book places the discussion on reform of Security Council membership in the context of the council's primary responsibility, which is at the helm of the UN collective security system. The author contends that only a Council that is adequately representative of the UN membership can claim to legitimately act on the members' behalf. This book offers an inquiry into the Council's constitutional framework and how far that framework still reflects the expectations and intentions of the founding nations, whilst remaining flexible enough to satisfy today's, and possibly tomorrow's, membership. Through the use of policy-oriented jurisprudence and elements of the International Law/International Relations theory this book explores how reform can best be realised.
Reforming the UN Security Council Membership will be of particular interest to scholars and students of International Law and International Relations.
eBook