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outer space in the 1960s and the WHO’s Health Regulations as a more recent instance. Both of these are shown to have the potential, at least, to be international laws in their own right and that, in fact, they are paradigmatic of UN lawmaking more generally. Such an approach to lawmaking does not undermine the importance of states in making international law. Instead, this approach enables states to create, amend and modify international law in a dynamic way necessary for themselves and other actors to interact and operate in a rapidly changing world. The inquiry
following paragraphs that the shared understanding of these concepts has changed to allow a peacekeeping force to become more active in fulfilling its mandate. During the Cold War (with the Congo operation in the 1960s as the exception) the three norms were interpreted narrowly, reflecting the wider purpose of such forces to maintain the status quo between disputing states but also between the superpowers. Forces in Cyprus from 1964, Lebanon from 1978, and on the Golan Heights from 1974 are good examples of this. Their continued deployment is also testimony to the
sanctions directed at Southern Rhodesia, the representative of Jordan characterised the declaration of independence by the white minority regime as an ‘invasion of the rights of the majority’ that had to be addressed as a threat to the peace by the Council. 40 With threats to the peace emerging out of struggles for independence in the 1960s in former colonies in Africa such as Southern Rhodesia and the Congo, the Security Council managed to respond despite the Cold War limitations upon it. This made it clear that the Security Council was not simply concerned with
the potentially divisive problem of member states paying for activities they might disapprove of. This problem is exacerbated if the dissenting state is contributing a larger proportion of the finances than any other state. These tensions have not only occurred in recent times with the United States owing the UN considerable amounts of arrears, but they shook the UN to its core in the 1960s with France and the Soviet Union refusing to pay the expenses relating to peacekeeping forces (the United Nations Emergency Force (UNEF) and the United Nations Operation in
international criminal court in the 1960s. P. Marquardt, ‘Law without borders: the constitutionality of an international criminal court’, Columbia J Transnat’l Law, 33 (1995), 73–148, p. 87, comments on the work of academics in the 1970s. B. Graefrath, ‘Universal criminal jurisdiction and an international criminal court’, EJIL, 1 (1990), 67–88, p. 71, comments on the work of NGOs in the 1970s. 7 General Assembly Resolution (GA Res.) 3314 (XXIX), 14 December 1974. 8 See the 1996 ILC Draft Code. 9 M
were even suspected of opposing the policies of the German occupation forces, would be taken secretly to Germany for trial. No word was permitted to reach their relatives, even if they died, in order ‘to create anxiety in the minds of the family of the arrested person’ 353 The term ‘disappearance’ was first coined in the 1960s in Guatemala, when many political opponents of the ruling regime were abducted and never heard from again. 354 During the 1970s enforced disappearances took place on a massive scale in Argentina and Chile – indeed