Role of the United Nations in Promoting the International Rule of Law

2020 ◽  
pp. 109-122
Author(s):  
Lingliang Zeng
Keyword(s):  
United Nations ◽  
Rule Of Law ◽  
The United Nations ◽  
International Rule

A Keen Observer of the International Rule of Law? International Law in China's Voting Behaviour and Argumentation in the United Nations Security Council

2013 ◽  
Vol 26 (4) ◽  
pp. 875-907 ◽  
Author(s):  
PHIL C. W. CHAN
Keyword(s):  
United Nations ◽  
International Law ◽  
Rule Of Law ◽  
Security Council ◽  
United Nations Security Council ◽  
Voting Behaviour ◽  
International Legal Order ◽  
The United Nations ◽  
International Rule ◽  
Keen Observer

AbstractGiven the centrality of law in the creation, decision-making, and impact of the United Nations Security Council, the deliberative discourses among Security Council Members, and the necessity for China to articulate its reasons publicly for its actions within the Security Council, the roles that China plays within the Security Council illuminate and clarify its approaches to the current international legal order. This article explains how law serves as a constitutional–normative framework within which the Security Council must function, followed by a discussion of how the Security Council in turn may serve as a locus of deliberative discourses that delineate, influence, and constrain its members’ state behaviours. It challenges the view that law plays a limited role on matters of international security by exploring China's voting behaviour in the Security Council and the arguments that it has proffered. It also discusses how China may respond to a draft Security Council resolution aimed at its conduct other than simply by vetoing it, and how it has taken a proactive role in the maintenance of international peace and security through the Security Council.

The Conflictual Promises of the United Nations' Rule of Law Agenda: Challenges for Post-Conflict Societies

2009 ◽  
Vol 13 (1-2) ◽  
pp. 131-158 ◽  
Author(s):  
Stéphanie Vig
Keyword(s):  
United Nations ◽  
Rule Of Law ◽  
Local Authority ◽  
International Norms ◽  
Peace Building ◽  
The Rule Of Law ◽  
Post Conflict ◽  
The United Nations ◽  
National Ownership

AbstractThe role of UN missions in post-conflict societies has progressed through peace-keeping and peace-making to a more recent emphasis on peace-building. To accompany this new focus, the UN has articulated a rule of law agenda, two central components of which are promoting international norms and standards and facilitating national ownership. This paper explores the self-sanctioned role the UN has awarded itself in promoting the rule of law in post-conflict societies by exploring each one of these two central components and their interaction.Meritorious in their own right, the potential of these two components of the rule of law agenda may position the UN in situations where both cannot be satisfied contemporaneously. In implementing its rule of law agenda, the United Nations will likely come to face the prospect of a local authority seeking to differ from international norms and standards. In such circumstances, the UN's rule of law agenda makes conflictual promises. The choices and prioritization that the UN will be called upon to make in such circumstances will reveal much about how it conceptualizes its role in promoting the rule of law in post-conflict societies. This paper seeks to delineate the nature of the choices confronting the United Nations in pursuit of its rule of law agenda.

scholarly journals Negotiating the Illegal: On the United Nations and the Illegal Occupation of Palestine, 1967–2020

2020 ◽  
Author(s):  
Ardi Imseis
Keyword(s):  
United Nations ◽  
Rule Of Law ◽  
Paradigm Shift ◽  
Human Rights Law ◽  
The Status ◽  
Scant Attention ◽  
The United Nations ◽  
Jus Cogens ◽  
Legal Consequences ◽  
International Rule

Abstract This article takes a critical look at the United Nations’ commitment to the international rule of law through an examination of its position on occupied Palestine post 1967. Occupation of enemy territory is meant to be temporary, and the occupying power may not rightfully claim sovereignty over such territory. Since 1967, Israel has systematically and forcibly altered the status of occupied Palestine, with the aim of annexing, de jure or de facto, most or all of it. While the UN has focused on the legality of Israel’s discrete violations of humanitarian and human rights law, it has paid scant attention to the legality of Israel’s occupation regime as a whole. By what rationale can it be said that Israel’s prolonged occupation of Palestine remains legal? This article argues that the occupation has become illegal for its systematic violation of at least three jus cogens norms. Although an increasing number of commentators have subscribed to this view, little attention has been paid to its relevant international legal consequences which dictate a paradigm shift away from negotiations as the condition precedent for ending the occupation, as unanimously affirmed by the international community through the UN.

Provision of Remedies for Violation of Economic, Social and Cultural Rights: A Comparative Study of the United Nations, Inter-American and African Human Rights Systems

2020 ◽  
Vol 28 (2) ◽  
pp. 298-318
Author(s):  
Roman Girma Teshome
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Comparative Study ◽  
Economic Rights ◽  
Regional Monitoring ◽  
Cultural Rights ◽  
The Past ◽  
The United Nations ◽  
To Receive

The effectiveness of human rights adjudicative procedures partly, if not most importantly, hinges upon the adequacy of the remedies they grant and the implementation of those remedies. This assertion also holds water with regard to the international and regional monitoring bodies established to receive individual complaints related to economic, social and cultural rights (hereinafter ‘ESC rights’ or ‘socio-economic rights’). Remedies can serve two major functions: they are meant, first, to rectify the pecuniary and non-pecuniary damage sustained by the particular victim, and second, to resolve systematic problems existing in the state machinery in order to ensure the non-repetition of the act. Hence, the role of remedies is not confined to correcting the past but also shaping the future by providing reforming measures a state has to undertake. The adequacy of remedies awarded by international and regional human rights bodies is also assessed based on these two benchmarks. The present article examines these issues in relation to individual complaint procedures that deal with the violation of ESC rights, with particular reference to the case laws of the three jurisdictions selected for this work, i.e. the United Nations, Inter-American and African Human Rights Systems.

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