The principle of the responsibility to protect (RtoP) conceives of a broad set of measures that can be employed in preventing and responding to atrocity crimes. Nevertheless, the UN Security Council remains an important part of the implementation architecture, given what the International Commission on Intervention and State Sovereignty referred to as its authoritative position in international society as the “linchpin of order and stability.” As part of the roundtable “The Responsibility to Protect in a Changing World Order: (...) Twenty Years since Its Inception,” this review of the Council's role in fulfilling its responsibility to protect advances two somewhat contrasting arguments about the original ICISS report. First, it suggests that the commissioners may have underestimated the Council's potential contribution, by concentrating on the authorization of coercive means to address crises of human protection. Over the past two decades, the Security Council has not only employed various diplomatic, political, and humanitarian measures to address atrocity crimes but also adjusted the purposes and practices of peace operations to advance protection goals and more subtly shaped discourses and expectations about state responsibilities for protection. However, I also argue that the willingness of the ICISS to identify potential alternatives to the Security Council when its members are paralyzed appears in retrospect to have been both bold and forward looking, in light of the Council's failures to act in a timely and decisive manner to protect amid crises and the contemporary realities of geopolitical rivalry. The article concludes by suggesting that future efforts to protect populations from atrocity crimes should focus not only on the herculean task of trying to change the behavior of P5 members of the Council but also on encouraging a new institutional balance between the Security Council and other intergovernmental bodies. (shrink)

Relative to the abundance of literature devoted to the legal significance of UN authorisation, little has been written about whether the UN’s failure to sanction an intervention can ever make it immoral. This is the question that I take up here. I argue that UN authorisation (or lack thereof) can have some indirect bearing on the moral status of a humanitarian intervention. That is, it can affect whether an intervention satisfies other widely accepted justifying conditions, such as proportionality, “internal” legitimacy, (...) and likelihood of success. The more interesting question, however, is whether the UN’s failure to provide a mandate can make a humanitarian operation unjust independently of these other familiar considerations. Is a proportional, internally legitimate humanitarian intervention, with a just cause and strong prospect of success, still morally unacceptable if it is not approved by the United Nations Security Council? This is the question that I turn to in the second half of the paper. (shrink)

This paper discusses how the general and abstract concept of legitimacy applies to international institutions, using the United Nations Security Council as an example. We argue that the evaluation of the Security Council’s legitimacy requires considering three significant and interrelated aspects: its purpose, competences, and procedural standards. We consider two possible interpretations of the Security Council’s purpose: on the one hand, maintaining peace and security, and, on the other, ensuring broader respect for human (...) rights. Both of these purposes are minimally morally acceptable for legitimacy. Second, we distinguish between three different competences of the UNSC: 1) the decision-making competence, 2) the quasi-legislative competence, and 3) the referral competence. On this basis, we argue that different procedural standards are required to legitimise these competences, which leads to a more differentiated understanding of the Security Council’s legitimacy. While maintaining that the membership structure of the Council is a severe problem for its legitimacy, we suggest other procedural standards that can help to improve its overall legitimacy, which include broad transparency, deliberation, and the revisability of the very terms of accountability themselves. (shrink)

The failure of the UN Security Council to adequately and effectively address the Syrian crisis has brought renewed scrutiny to the veto and its capricious use during mass atrocity situations. In response to these concerns, the idea of a code of conduct to regulate the exercise of the veto during humanitarian situations is now being increasingly advanced by several states, including France and the United Kingdom. This paper disputes the utility of such a code and argues that it (...) would not make any significant difference to the way mass atrocity crimes are addressed. I examine three core arguments often extended to justify the merit and the utility of the norm: the circumvention argument, the naming and shaming argument, and the Charter reform argument. I show how each of these arguments is undermined by mistaken notions about the norm's procedural effectiveness, and the role the veto plays in cases of what Simon Chesterman calls “inhumanitarian noninterventions.” Additionally, drawing on interviews conducted with diplomats at the United Nations in New York, I present evidence that resistance to a code of conduct comes not only from the permanent five members of the Council but also from the nonpermanent members, further imperiling the idea's capacity to effect change. Ultimately, I contend that the current global effort to curtail the influence of the veto is nothing more than a journey down the rabbit hole: exciting, but ultimately distracting. (shrink)

This article explores the different moral and legal arguments used by protagonists in the debate about whether or not to conduct a humanitarian intervention in Darfur. The first section briefly outlines four moral and legal positions on whether there is (and should be) a right and/or duty of humanitarian intervention: communitarianism, restrictionist and counter-restrictionist legal positivism and liberal cosmopolitanism. The second section then provides an overview of the Security Council's debate about responding to Darfur's crisis, showing how its (...) policy was influenced by both normative concerns and hard-nosed political calculations. The article concludes by asking what Darfur's case reveals about the legitimacy and likelihood of humanitarian intervention in such catastrophes and the role of the UN Security Council as the primary authorising body for the use of international force. The authors argue that this case demonstrates that for the cosmopolitan/counter-restrictionist case to prevail pivotal states need to put humanitarian emergencies on the global agenda and express a willingness to act without Council authorisation, though the question of how to proceed in cases where the Council is deadlocked remains vexed. (shrink)

Should the U.N. Security Council use its coercive powers to bring about effective climate change mitigation? This question remains relevant considering the inadequate mitigation goals set by the signatories of the Paris Climate Accord and the ramifications of U.S. withdrawal from the Accord. This paper argues that the option of the unsc coercing climate change mitigation through military action, or the threat thereof, is morally flawed and ultimately antithetical to effectively addressing climate change. This assessment is based significantly (...) on the application of jus ad bellum principles of just war theory, incorporating some feminist critiques of this theory. (shrink)

Do hard law international organizations use jurisprudence differently than soft law ones? Precedent can be asset or an encumbrance to international organizations and their members, depending on their aims and on the policy area. Linking current decisions to previously-agreed ones helps to increase cohesion, facilitate consensus among members, and borrow authority – benefits that might be more necessary for some organizations than for others. To compare whether the features of norm-producing organizations correlate with their preference for jurisprudence, we compare two (...) organs from the United Nations system: the Security Council, which produces binding decisions, and the General Assembly, which delivers soft law resolutions. We explore the citation networks formed by the approximately 20,400 resolutions adopted by each organ between 1946 and 2019 to test their differences with regards to the dynamics of citation formation, concentration of citations, and timing. Descriptive results reveal the main periods of jurisprudential activity by the Security Council and the General Assembly, but find no sizeable difference in their overall rate of precedent usage. We apply the Citation Exponential Random Graph Model (cERGM) to test for network determinants of citations and find additional similarities on transitivity and homophily, but also variations regarding preferential attachment. (shrink)

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. (shrink)

In 2005 the member states of the United Nations recognized a “responsibility to protect” (“R2P”) victims of mass atrocities such as genocide, war crimes, and crimes against humanity. They acknowledged a special role for the U.N. Security Council in responding to these atrocities, including potentially authorizing military action using its extensive powers under Chapter VII of the U.N. Charter. However, the Council has very rarely been able to agree on appropriate action, and the five permanent Council (...) members (“P5”), most notably China and Russia, have often vetoed or threatened to veto Council resolutions authorizing R2P action. The article argues that the veto poses a major impediment to the Council acting on its R2P responsibilities, and that to resolve it, the P5, and all U.N. member states, need to agree on a common ethical approach. The article proposes such an approach based on ethical concepts that are widely endorsed by states, especially in the U.N. Charter and the Universal Declaration of Human Rights, and explores its implications for legal and ethical controversies relating to the role of the Council, its obligations under R2P, and proposed reforms of the veto. (shrink)

Twenty years after the outbreak of the threat posed by international jihadist terrorism, which triggered the need for democracies to balance fundamental rights and security needs, 9/11 and the Rise of Global Anti-Terrorism Law offers an overview of counter-terrorism and of the interplay among the main actors involved in the field since 2001. This book aims to give a picture of the complex and evolving interaction between the international, regional and domestic levels in framing counter-terrorism law and policies. Targeting (...) scholars, researchers and students of international, comparative and constitutional law, it is a valuable resource to understand the theoretical and practical issues arising from the interaction of several levels in counter-terrorism measures. It also provides an in-depth analysis of the role of the United Nations Security Council. (shrink)

As global governance institutions proliferate and become more powerful, their legitimacy is subject to ever sharper scrutiny. Yet what legitimacy means in this context and how it is to be ascertained are often unclear. In a previous paper in this journal, we offered a general account of the legitimacy of such institutions and a set of standards for determining when they are legitimate. In this paper we focus on the legitimacy of the UN Security Council as an institution (...) for making decisions concerning the use of military force across state borders. The context for this topic has changed over the last decade as a result of the ongoing development of the responsibility to protect (RtoP) doctrine and extensive discussions about it in the United Nations. Yet the mostly widely accepted proposals for RtoP still require Security Council authorization for forceful intervention, and strictly limit the conditions under which such intervention may take place. (shrink)

This contribution explores Grotian Moments in the practice of the UN Security Council in three different but closely related subject areas. The three areas are, in turn, the way the Security Council interprets the concept of ‘threat to the peace’ or more generally ‘international peace and security’, the law-making by the Security Council, and the subjects – in the sense of legal or natural persons – that the Security Council chooses to (...) address. It turns out that the interpretation by the Security Council of the UN Charter has been remarkably flexible, expanding the scope of action of the Council considerably. Whether its interpretation of the UN Charter also deserves to be labelled ‘Grotian’, however, is rather a matter of rhetoric than law. (shrink)

Over the last few years the diplomatic language of UN resolutions has repeatedly been questioned for the excessive presence of vagueness. The use of vague terms could be connected to the genre of diplomatic texts, as resolutions should be applicable to every international contingency and used to mitigate tensions between different legal cultures. However, excessive vagueness could also lead to biased or even strategically-motivated interpretations of resolutions, undermining their legal impact and triggering conflicts instead of diplomatic solutions. This study aims (...) at investigating intentional vagueness in Security Council resolutions, by focussing on the analysis of the resolutions relating to the second Gulf war. Using the qualitative Discourse-Historical approach (Wodak in Rhetorics of racism and antisemitism, Taylor & Francis Ltd., London [2000]) and quantitative analysis tools (Antconc and Sketch Engine), special attention is given to the historical/political consequences of the vagueness and indeterminacy used in that framework and to the study of vague ‘weasel words’ (Mellinkoff in The language of the law, Little, Brown & Company, Boston [1963]), modals, and adjectives contained in the corpus. The hypothesis of intentional vagueness is further reinforced through an analysis of the US legislation related to the outbreak of the war, to reveal how the US has legally interpreted UN legislation and to understand the purposes and consequences of vague language contained in it. The findings indicate that vagueness in resolutions has triggered the Iraqi conflict instead of diplomatic solutions with the overall legislative intent of using intentional vagueness as a political strategy. (shrink)

Ever since the end of the Second World War, Rational Actor models have dominated strategic thinking at all levels of government policy and military planning. In the confrontation between states, and especially during the Cold War, these models were insightful and useful in anticipating a wide array of challenges and in stabilizing the world peace enough to prevent nuclear war. But now our society faces a whole new range of challenges from non-state actors who are committed to die in order (...) to kill and terrorize enough of our citizens to change the course of history. The darkest fear in the current struggle with terrorism is a nuclear bomb exploding in a major city. (shrink)

The gendered implications of COVID-19, in particular in terms of gender-based violence and the gendered division of care work, have secured some prominence, and ignited discussion about prospects for a ‘feminist recovery’. In international law terms, feminist calls for a response to the pandemic have privileged the United Nations Security Council (UNSC), conditioned—I argue—by two decades of the pursuit of the Women, Peace and Security (WPS) agenda through the UNSC. The deficiencies of the UNSC response, as characterised (...) by the Resolution 2532 adopted to address the pandemic, manifest yet again the identified deficiencies of the WPS agenda at the UNSC, namely fragmentation, securitisation, efficacy and legitimacy. What Resolution 2532 does bring, however, is new clarity about the underlying reasons for the repeated and enduring nature of these deficiencies at the UNSC. Specifically, the COVID-19 ‘crisis’ is powerful in exposing the deficiencies of the crisis framework in which the UNSC operates. My reflections draw on insights from Hilary Charlesworth’s seminal contribution ‘International Law: A Discipline of Crisis’ to argue that, instead of conceding the ‘crisis’ framework to the pandemic by prioritising the UNSC, a ‘feminist recovery’ must instead follow Charlesworth’s exhortation to refocus on an international law of the everyday. (shrink)

This paper will discuss the role of modality in UN Security Council resolutions. As a work in progress on whether the use of strategic vagueness in UN resolutions has contributed to the outbreak of the second Gulf war, this work proposes a qualitative and quantitative analysis on the role of vagueness of the central modal verbs shall, should, and may in the institutional language of the UN, drawing upon Wodak’s Discourse-Historical Approach and Jenkins, Gotti, and Trosborg's theories on (...) modality. Observing the semantic and linguistic values of these modals, the analysis investigates their double-faced strength: though they can be used to guarantee a wide degree of applicability of the resolutions, their subjective interpretability might become a source of manipulation and elusiveness, supporting a legislative intent of using vagueness as a political strategy. (shrink)

In this note I examine a case of teleological reasoning in international law and find it to be the fallacy of affirming the consequent.I then show that and how the basis of this fallacy is a manipulation (or juxtaposition) of ?necessary? and ?sufficient? conditions.I conclude by giving reasons for thinking that this kind of reasoning is a regular feature of international law.

The Council on Ethical and Judicial Affairs of the American Medical Association examines physicians’ professional ethical responsibility in the event that the security of patients’ electronic records is breached.

L’ambiguïté du sens de la résolution 242 (1967) du Conseil de sécurité est un problème classique de l’interprétation en droit international. Celle-ci repose sur l’ambiguïté de la signification du déterminant zéro pluriel anglais, le sens générique d’une part, qui emporte tous les éléments du groupe, et le sens catégoriel d’autre part, qui lui ne dit rien sur la quantité considérée. Ce déterminant zéro pluriel anglais se traduit en français par différents déterminants pluriels : défini pour le sens générique, indéfini pour (...) le sens catégoriel. En relevant les fréquences de traductions en français du déterminant zéro pluriel anglais dans le corpus des résolutions du Conseil de sécurité, on peut établir les proportions de ces deux sens et établir le sens majoritaire du déterminant zéro pluriel anglais dans le corpus. Ce sens majoritaire permet ainsi d’établir de façon plus rigoureuse le sens ordinaire de l’expression anglaise problématique de la résolution 242 (1967). (shrink)

This book analyses the war against drugs, violence in streets, schools and families, and mining conflicts in Latin America. It examines the nonviolent negotiations, human rights, peacebuilding and education, explores security in cyberspace and proposes to overcome xenophobia, white supremacy, sexism, and homophobia, where social inequality increases injustice and violence. During the past 40 years of the Latin American Council for Peace Research (CLAIP) regional conditions have worsened. Environmental justice was crucial in the recent peace process in Colombia, (...) but also in other countries, where indigenous people are losing their livelihood and identity. Since the end of the cold war, capitalism aggravated the life conditions of poor people. The neoliberal dismantling of the State reduced their rights and wellbeing in favour of enterprises. Youth are not only the most exposed to violence, but represent also the future for a different management of human relations and nature. (shrink)

The response to COVID-19 demonstrates an inclusive and dispersed form of global health security that is less reliant on the UN Security Council or the World Health Organization (WHO). While WHO remains central to fighting the pandemic, the dispersed global health security addressing the crisis is inclusive of the wider UN system, civil society, and epistemic communities in global health. As part of the special issue on “The United Nations at Seventy-Five: Looking Back to Look Forward,” (...) this essay argues that instead of facing crisis or criticism like WHO, this inclusive and dispersed form of global health security provides mechanisms of resilience and support to the UN at the height of global political tensions surrounding COVID-19. (shrink)

The Common Foreign and Security Policy (CFSP) objectives are an integral part of the overall objectives of the European Union and the policy area has developed from a purely intergovernmental form of cooperation in the days of the European political cooperation to an area in which the member states have increasingly accepted new forms of institutionalization. CFSP decisions are taken by the General Affairs Council, consisting of the ministers for foreign affairs of the member states. In spite of (...) the growing pains in the development of Common Security and Defence Policy (CSDP), the European Union has made significant strides in deploying crisis management operations. However, the issue of defining success of the CSDP is no longer measured in terms of merely launching missions, ensuring mission output, and gathering operational experience. Whenever a common policy does not prove possible, member states are free to pursue their own national foreign policies. (shrink)

it is mandatory that in building up our strength, we enlarge upon our technical superiority by an accelerated exploitation of the scientific potential of the United States and our allies. National Security Council, NSC-G8: United States Objectives and Program for National Security April 14, 1950 Innovation within the armed forces will rest on experimentation with new approaches to warfare, strengthening joint operations, exploiting U.S. intelligence advantages, and takingfull advantage of science and technology. George W Bush, The National (...) Security Strategy of the United States of America, September 17,2002. (shrink)

PurposeThe purpose of this paper is to explicate the influence of US national security approach on the Thai Government's national security, the criticisms on the US and Thai intelligence communities and ethical debates on national databases, including the introduction of the concepts of “spiritual computing” and Buddhism to the ethical aspect of intelligence databases.Design/methodology/approachThe methodology of this paper is based on the interpretative approach which includes literature survey and interviews of the intelligence community in Thailand. The relevant literature (...) survey consists of the literature on US intelligence databases for Homeland Security, criticisms of the IC, the ethical debate on national databases in the USA, the Thai National Security Council, ethical debates on the Internal Security Act and Computer Crime Act, Buddhism and “spiritual computing.”FindingsThe findings reflect that the US model of national security has significant influence on the Thai intelligence approach and application of IT for national security while both intelligence communities have similar intelligence problems and have raised ethical debates on violations of human rights.Research limitations/implicationsThe research limitations include the nature of the topic which is a closed subject under legal restrictions in Thailand so that the sources of official information could not be disclosed nor elaborated in details; and literature on this topic has not been widely available except unclassified information which limits a more in‐depth investigation and analysis.Originality/valueThe value of this paper lies in being the first attempt to throw light on a “forbidden” subject in Thailand by discussing the US experiences against the Thai case study. The application of “spiritual computing” and Buddhist precepts to the context of national security and intelligence databases could be a starting point for developing a “happier” and “successful” IC and possibly open a new approach to national security. (shrink)

The 4th National Cyber Security Workshop organised by IEEE India Council was held in Mumbai at the sprawling Yantra Park, Thane Campus of Tata Consultancy Services on 11 & 12 November, 2016. This event follows two successful editions of the workshop in Ahmedabad and Bangalore.

The legitimacy of humanitarian intervention has been contested for more than a century, yet pressure for such intervention persists. Normative evolution and institutional design have been closely linked since the first debates over humanitarian intervention more than a century ago. Three norms have competed in shaping state practice and the normative discourse: human rights, peace preservation, and sovereignty. The rebalancing of these norms over time, most recently as the state’s responsibility to protect, has reflected specific international institutional environments. The contemporary (...) legitimacy of humanitarian intervention is based on UN Security Council authorization of the use of force. Although the Security Council is often viewed as representative of great-power influence, international acceptance of its role is based on the role of non-permanent members and their support for the sovereignty norm. The current rebalanced norms supporting humanitarian intervention, institutional bias that protects state sovereignty, and the changing character of mass violence may undermine the tenuous contemporary legitimacy of humanitarian intervention. Normative adjustments and new institutional designs are required to insure the legitimacy of international action that protects populations against mass violence. (shrink)

Over the past seventy-five years, the UN has evolved significantly, often in response to geopolitical dynamics and new waves of thinking. In some respects, the UN has registered remarkable achievements, stimulating a wide range of multilateral treaties, promoting significant growth of human rights, and at times playing a central role in containing and preventing large-scale armed conflict. As part of the special issue on “The United Nations at Seventy-Five: Looking Back to Look Forward,” this essay argues that the organization has (...) been the most impactful in three areas: producing, shaping, and driving key ideas, particularly on development and rights; generating such effective operational agencies as UNICEF and the World Food Program; and, especially in the immediate post–Cold War period, addressing major conflict risks through the Security Council. Since then, however, the UN has struggled to meet emerging challenges on many fronts and been increasingly hampered by internal ossification and institutional sprawl as well as internecine dysfunction. The twenty-first century has confronted the UN with further challenges relating most notably to climate change; to risks arising from new technologies; and to the increasingly fraught relationships between China, Russia, and the United States. If the past seventy-five years can offer one lesson, it is that new thinking and new ideas will need to drive the organization to evolve still further and faster, or else risk irrelevance. (shrink)

Although the Lisbon Treaty maintained the general exclusion of Common Foreign and Security Policy (CFSP) matters from ECJ jurisdiction, it introduced a number of changes into this area, including an explicit statement that the Court is competent to review the legality of the Council decisions imposing restraining measures on persons. The article analyzes the nature and origin of those changes and considers the legal implications for the level of the protection of fundamental rights in the European Union. For (...) this purpose the author firstly considers the context of the exclusion of CFSP matters from the ECJ jurisdiction, including discussions on the issue at the European Convention, and, secondly, takes a closer look at the separate heads of jurisdiction over which the Court is competent to act after the entry into force of the Lisbon Treaty. A conclusion is made that the Lisbon Treaty did not introduce significant changes to ECJ jurisdiction. Similarly to the pattern of previous amendment treaties, the Lisbon Treaty again gave recognition to the practice of the ECJ on relevant questions. Nonetheless, the amendments made by the Lisbon Treaty should be welcome for introducing more clarity into the legal regulation of the matter, thus boosting the legal certainty and protection of fundamental rights in the European Union. (shrink)

To study Judicial determinants of the ordered obstetrical and fertility interventions. Nature, corresponding laws, decisions upon the 37 expounded holdings at the Probate, Trial, District, Appellate, and Supreme Courts are studied in 92 published materials identified through the ACOG, RCOG, SOCG portals, and Legal Scholarship Repository. Hearings are held in the US (83.8 %), Canada (10.8 %) and U.K (5.4 %). Of all the hearings reviewed, 27 % concern mentally impaired, 37.8 %-maternal incompetence, and 21.6 % cases are of criminal (...) nature. The Judicial determinants vary from country to country. In Canada, the ordered medical interventions are effected by the child protection legislation, whereas in the US, by court orders. In majority of cases, orders are obtained by dismissing the patriae petitions for involuntary sterilizations of mentally impaired sui juris adults (57 %); coerced obstetrical interventions (33.3 %), fetal custody (50 %); enforcement of surrogacy contracts (62.5 %) in favor of the Common Humanity Benefit clause; and recognizing the rights to inherit in posthumously conceived children (80 %) pursuant to the Social Security Act, Law of obviousness, Law of inherent anticipation, and Intestacy statute. Current study prioritizes two questions: (1) whether it is justified to override the wishes of a competent patient purportedly in her best interests; and (2) whether the patient’s autonomy and competence is an absolute concept. With the law unsettled as to a woman’s right to assent a treatment and contradict her fetus, parties concerned with fetal rights should consider exercising of screening tools on maternal judgmental fitness jointly developed by medical and legal practitioners. Further, given the advances in gamete conservations, states consider enacting legislation in order to safeguard the orderly administration of estates disrupted by claims from posthumously conceived children. A balance must be struck between the child’s right to inherit, the state’s interest, as well as the interests of prior born children. (shrink)

The tradition of international criminal tribunals which started with the Nuremberg and Tokyo tribunals was returned with the International Criminal Tribunal for the former Yugoslavia. As a result of the bloody wars in the territory of the former Yugoslavia in the 1990s, the Security Council of the United Nations decided to establish the ICTY as an ad hoc tribunal, that was approved by the resolutions 808 and 827. The main purpose of the paper is to highlight the features (...) of the ICTY during its mandate from 1993 to 2017. For the realization of this research are used qualitative methods, based on the bibliography that is related with international criminal law, with special emphasis with the activities of international criminal tribunals. Furthermore, some data are also collected from the credible internet sources, which have valuable information about the procedures of the ICTY and for the International Residual Mechanism for Criminal Tribunals. The results of the study demonstrate that during its mandate, the ICTY was accompanied with a lot of successes which distinguish it from the other international criminal tribunals. At the same time, the ICTY has also a lot of failures, which have come as a result of various political influences within it. The conclusions of this paper aim to increase knowledge about the activity of the ICTY, by offering important information for its establishment and organs, and for its main successes and failures. (shrink)

This paper is based on a doctoral thesis which aimed at investigating on whether the use of strategic vagueness in Security Council resolutions relating to Iraq has contributed to the breakout of the 2002–2003s Gulf war instead of a diplomatic solution of the controversies. This work contains a linguistic and legal comparative analysis between UN and U.S. documents and their drafts in order to demonstrate how vagueness was deliberately added to the final versions of the documents before being (...) passed, and thus strategically used vagueness has played a crucial role in UN resolutions related to the outbreak of war in Iraq, and in relevant legislation produced by the United States for its Congressional authorisation for war. The comparative analysis between S/RES/1441(2002) and US legislation has evidenced that that there would have been diplomatic solutions to the Iraq crises which were not synonymous of light-handed intervention against Iraq, but deliberately vague UN wording allowed the US to build its own legislation with a personal interpretation implying that the UN did not impede military action. (shrink)

The article covers the development of the idea of ​​patriarchal status in 1945-1962 within the Ukrainian Greek Catholic Church in the diaspora, focusing mainly on the third wave of Ukrainian emigration. After the Second World War, about 250,000 Ukrainian refugees found themselves in Western Europe, from where in 1947-1955, they moved to the countries of North and South America, Western Europe and Australia. The growing role of the Church, which continued to play a significant role in their lives after their (...) resettlement to the countries mentioned above, marked the experience of their stay in the DP camps. The DP camps became a place of a closer rapprochement between Ukrainian Greek Catholics and Orthodox Christians, one consequence of which was the appeals of a Ukrainian Greek Catholic bishops with a proposal to create a joint patriarchate with Ukrainian Orthodox, which would be in unity with Rome. On the other hand, the expansion of the geography of the presence of the UGCC and the founding of new metropolises in Canada and the United States brought to the fore the question of the unity of all structural units of this Church at the global level, which, as some believed, could have been secured by the patriarchal institution. Finally, the patriarchate was considered by the post-war Ukrainian emigration as a means of preserving the unity of the diaspora in the face of assimilation and disintegration. Furthermore, in the future, as an institution that could effectively help the Church revive at home after independence. The last aspect of the patriarchal idea had a significant impact on the emergence of the Ukrainian patriarchal movement, and its closeness to the goals set by the third wave of Ukrainian emigration provided that movement with a high level of massiveness and passionate vigorousness for the movement. (shrink)

This paper provides an overview of the various dual-use concepts applied in national and international non-proliferation and anti-terrorism legislation, such as the Biological and Toxin Weapons Convention, the Chemical Weapons Convention and United Nations Security Council Resolution 1540, and national export control legislation and in relevant codes of conduct. While there is a vast literature covering dual-use concepts in particular with regard to life sciences, this is the first paper that incorporates into such discussion the United Nations (...) class='Hi'>Security Council Resolution 1540. In addition, recent developments such as the extension of dual-use export control legislation in the area of human rights protection are also identified and reviewed. The discussion of dual-use concepts is hereby undertaken in the context of human- and/or national-security-based approaches to security. This paper discusses four main concepts of dual use as applied today in international and national law: civilian versus military, peaceful versus non-peaceful, legitimate versus illegitimate and benevolent versus malevolent. In addition, the usage of the term to describe positive technology spin-offs between civilian and military applications is also briefly addressed. Attention is also given to the roles civil society and research ethics may play in the governance of dual-use sciences and technologies. (shrink)

I draw on Security Council Resolution 1674 to demonstrate that the political assumptions Jacques Derrida holds in his politically-oriented texts are inconsistent with the assumptions of his linguistic texts, and that Jürgen Habermas's political theory is consistent with the political implications of his approach to language. Habermasian pragmatism offers a critical theory of society and discourse of modernity that touches on the same themes of politics and meaning as Derrida and other deconstructionists, but is more coherent, consistent, and (...) explanatorily persuasive. (shrink)

Differences between human beings have long been used to justify a range of degrading, exclusionary, and murderous practices that strip people of their humanity and dignity. While considerable scholarship has been devoted to such dehumanization, Matthew S. Weinert asks how we might conceive its reverse—humanization, or what it means to “make human.” Weinert proposes an account of making human centered on five mechanisms: reflection, recognition, resistance, replication of dominant mores, and responsibility. Examining cases such as the UN Security (...) class='Hi'>Council’s engagements with crises and the International Court of Justice’s grappling with Kosovo’s unilateral declaration of independence, he illustrates the distinct and contingent ways these mechanisms have been deployed. Theoretically, the cases evince a complex, evolving relationship between state-centric and human-centric views of society, ultimately revealing the normative potentialities of both. Though the case studies concern specific human relations issues on an international level, Weinert argues in favor of starting from the shared problem of being human and of living in a world in which the humanity of countless groups has been demeaned or denied. Working outward from that point, he proposes, we obtain a more pragmatically grounded understanding of the social construction of the human being. (shrink)

As part of the special issue on “The United Nations at Seventy-Five: Looking Back to Look Forward,” this essay connects the past of the United Nations to its future from the perspective of the Global South. When the UN was created, most developing countries were colonies that played no role in writing the rules and designing the architecture of the post-1945 UN-centric global multilateral order. Today, countries in the Global South command a majority of the UN membership, but still mostly (...) function as norm takers and are severely underrepresented in the UN Security Council—which functions as the geopolitical cockpit—and also in the senior ranks of the UN system, in the key posts in the Secretariat, and in the UN's funds and agencies. Gradually, however, these countries are using their numerical strength to give voice to their distinctive preferences, priorities, and values. This essay provides a broad-brush sketch of the changing nature of the North-South partnership on the UN's four overarching normative mandates of security, development, environment, and human rights. It includes a brief comment on the coronavirus pandemic within the framework of its main narrative of the continuing need for a UN-centric North-South partnership. (shrink)

Abstrac. The work argues the activation of the competence of the UN Security Council to review the complex humanitarian emergency situation in Venezuela, and adopt as a provisional measure a Humanitarian Electoral Intervention (IHE), which allows to settle and alleviate conflicts by holding some general elections, based on the experience of Cambodia (1992-1993) and Timor Leste (2001-2002), and thus ruling out any possibility of violence in the Venezuelan conflict, also removing any possibility of military intervention, bearing in mind (...) that the continuity or aggravation they constitute a threat to regional and world peace and security. (shrink)

The UN Security Council adopted sanctions as a means of addressing unrest in Haiti, Iraq, the former Yugoslavia, and Somalia. Damrosch examines this shift from unilateral to collective enforcement and assesses the moral legitimacy and conclusive results of this policy.

Sadly, there are few restraints on the endings of wars. There has never been an international treaty to regulate war's final phase, and there are sharp disagreements regarding the nature of a just peace treaty. There are, by contrast, restraints aplenty on starting wars, and on conduct during war. These restraints include: political pressure from allies and enemies; the logistics of raising and deploying force; the United Nations, its Charter and Security Council; and international laws like the Hague (...) and Geneva Conventions. Indeed, in just war theory—which frames moral principles to regulate wartime actions—there is a robust set of rules for resorting to war (jus ad bellum) and for conduct during war (jus in bello) but not for the termination phase of war. (shrink)

United Nations Security Council resolutions raise distinctive problems of interpretation, particularly in the context of Chapter VII measures. In disputes of interpretation, the stakes are very high, since Chapter VII measures may explicitly or implicitly authorize military action; may override the target nation’s sovereignty; and may put lives at risk. However, there is no direct, binding judicial review of Security Council measures where questions of interpretation can be resolved. Consequently, interpretive disputes are resolved in a highly (...) politicized process. This article considers three situations where the language of the resolutions was ambiguous. The interpretation of these resolutions was then shaped entirely by the political maneuvering which took place within the Security Council. (shrink)

In the voting-power literature the rules of decision of the US Congress and the UN Security Council are widely misreported as though abstention amounts to a `no' vote. The hypothesis (proposed elsewhere) that this is due to a specific cause, theory-laden observation, is tested here by examining accounts of these rules in introductory textbooks on American Government and International Relations, where that putative cause does not apply. Our examination does not lead to a conclusive outcome regarding the hypothesis, (...) but reveals that the rules in question are also widely misreported in these textbooks. A second hypothesis---that the widespread misreporting is explicable by the relative rarity and unimportance of abstention in the two bodies concerned---is also tested and found to be untenable. (shrink)

The International Criminal Tribunal for Yugoslavia was established by the UN Security Council in 1993 to prosecute persons responsible for war crimes committed in the former Yugoslavia during the Balkan wars. As the first international war crimes tribunal since the Nuremburg and Tokyo tribunals set up after WWII, the ICTY has attracted immense interest among legal scholars since its inception, but has failed to garner the same level of attention from researchers in other disciplines, notably linguistics. This represents (...) a significant research gap, as the Tribunal’s public discourse can open up interesting avenues of analysis to researchers of law, language, and legal discourse alike. On its official website, the Tribunal claims that it has “irreversibly changed the landscape of international humanitarian law” and lists six specific achievements: “Holding leaders accountable; bringing justice to victims; giving victims a voice; establishing the facts; developing international law and strengthening the rule of the law”. While a number of legal scholars have studied and critiqued the level of ‘achievement’ actually attained by the Tribunal against these metrics and others, of interest to linguists is the ways in which this work might be conveyed discursively. In this paper, we demonstrate how methods from the linguistic field of corpus-based critical discourse analysis can be utilised to explore the discursive construction of such achievements in the language of the ICTY. (shrink)