Search results

Author: Nigel D. White

International organisations are a central component of modern international society. This book provides a concise account of the principles and norms of international law applicable to the intergovernmental organisation (IGO). It defines and explains inter-governmentalism and the role of law in its regulation. The book presents case studies that show how the law works within an institutional order dominated by politics. After a note on the key relationship between the IGO and its member states, it examines the basic relationship between the UN and states in terms of membership through admissions, withdrawal, expulsion, suspension, and representation. The debate about the extent of the doctrine of legal powers is addressed through case studies. Institutional lawmaking in the modern era is discussed with particular focus on at the impact of General Assembly Resolutions on outer space and the Health Regulations of the World Health Organization. Non-forcible measures adopted by the UN and similar IGOs in terms of their legality (constitutionality and conformity to international law), legitimacy and effectiveness, is covered next. The different military responses undertaken by IGOs, ranging from observation and peacekeeping, to peace enforcement and war-fighting, are discussed in terms of legality and practice. The book also considers the idea of a Responsibility to Protect and the development of secondary rules of international law to cover the wrongful acts and omissions of IGOs. It ends with a note on how the primary and secondary rules of international law are upheld in different forms and mechanisms of accountability, including courts.

A new source of international law?
Nigel D. White

international law produced by states and, in fact, are compatible with the list of sources in Article 38 of the Statute of the International Court of Justice of 1945, either as treaty obligations, customs or general principles of law. It is true to say that many resolutions have passed into customary international law, but such an analysis disregards the potential normative value of the resolutions themselves, a value that reflects the autonomy of IGOs. This chapter explores institutional lawmaking in the modern era, with particular focus on General Assembly Resolutions on

in The law of international organisations (third edition)
Abstract only
Patrick Thornberry

Peoples, Fact Sheet No. 9 (Rev.1), World Campaign for Human Rights, UN Centre for Human Rights, Geneva 1997. The Voluntary Fund was established pursuant to General Assembly resolution 40/131 of 13 December 1985. In resolution 50/156 of 21 December 1995, the GA decided that the Fund should also be used to assist indigenous representatives to participate in the Commission Drafting Group. By resolution 48/163 of 21 December 1993, the GA authorised the Secretary-General to establish the Voluntary Fund for the International Decade of the World’s Indigenous People. 73 Report

in Indigenous peoples and human rights
Alexander Spencer

struggle against colonialism, in the UN General Assembly Resolution on the use of mercenaries as a means of violating human rights and impeding the exercise of the right of people to self-determination. This resolution, which has been passed on an annual basis since 1986 (2005 being the exception), recognizes 134 Romantic narratives in international politics that the activities of mercenaries are contrary to fundamental principles of international law, such as non-interference in the internal affairs of States, territorial integrity and independence, and seriously

in Romantic narratives in international politics
Abstract only
Convergence across time
Harsh V. Pant

elsewhere. Recognizing the importance of the Soviet Union in its foreign policy calculus, India acted accordingly. While it strongly condemned the Anglo-French 52 Indian foreign policy intervention in Egypt, its response to Soviet intervention in Hungary was weak, to say the least. It even joined the communist bloc to vote against a UN General Assembly resolution calling for the withdrawal of Soviet troops from Hungary though Nehru was later forced to criticize the Soviet policy toward Hungary. The Soviet Union also adopted a neutral position in Indian disputes with

in Indian foreign policy
Abstract only
Leslie C. Green

mercenaries to be condemned. Both the Security Council and the General Assembly of the United Nations have adopted a series of resolutions relating to specific anti-colonial conflicts in Africa recommending 71 prohibition of the use of such personnel against national liberation movements. It should be borne in mind that General Assembly resolutions lack binding legal force and amount only to

in The contemporary law of armed conflict
Arabs, Israelis, and the limits of military force
Author: Jeremy Pressman

The Arab–Israeli conflict has been at the centre of international affairs for decades. Despite repeated political efforts, the confrontation and casualties continue, especially in fighting between Israelis and Palestinians. This new assessment emphasizes the role that military force plays in blocking a diplomatic resolution. Many Arabs and Israelis believe that the only way to survive or to be secure is through the development, threat, and use of military force and violence. This idea is deeply flawed and results in missed diplomatic opportunities and growing insecurity. Coercion cannot force rivals to sign a peace agreement to end a long-running conflict. Sometimes negotiations and mutual concessions are the key to improving the fate of a country or national movement. Using short historical case studies from the 1950s through to today, the book explores and pushes back against the dominant belief that military force leads to triumph while negotiations and concessions lead to defeat and further unwelcome challenges. In The sword is not enough, we learn both what makes this idea so compelling to Arab and Israeli leaders and how it eventually may get dislodged.

William Schabas

Success” ’ although the origin of the reference is unclear.21 Two years later, the reference to ‘political’ was removed in the Convention whose preparation was mandated by the 1946 General Assembly Resolution. The debates are part of the public record although they have been somewhat misrepresented in some of the academic accounts. The Soviet Union opposed the inclusion of political groups, as all of the writers point out, but it was hardly alone in 16 Prosecutor v. Krstić (IT-​98–​33-​T), Judgment, 2 August 2001, paras. 554–​60. 17 Raphael Lemkin, Axis Rule in

in Fifty years of the International Convention on the Elimination of All Forms of Racial Discrimination
Abstract only
Patrick Thornberry

and links self-determination, human rights and friendly relations. Operative paragraph 1 states baldly that the ‘subjection of peoples to alien subjugation, domination and exploitation constitutes a denial of fundamental human rights’; paragraph 7 demands that all States ‘shall observe faithfully and strictly the provisions of the Charter of the United Nations, the Universal Declaration of Human Rights and the present Declaration’. 36 See chs. 5 and 7 in this volume. 37 General Assembly resolution 2625 (XXV) (1970). 94 The age of rights have the right freely to

in Indigenous peoples and human rights
Leslie C. Green

of an offence against the peace and security of mankind shall either prosecute or extradite the person concerned. More important than these drafts is the General Assembly resolution defining aggression. 67 It listed a series of acts which would amount to aggression, but did not include any reference to war in breach of treaty. However, Article 4 stated that the list was not exhaustive and that the

in The contemporary law of armed conflict