SCOTT PEGG, International Society and the De Facto State (Aldershot, U.K.: Ashgate Publishers, 1988).

2001 ◽  
Vol 33 (3) ◽  
pp. 469-470
Author(s):  
MONTE PALMER

The objective of Scott Pegg's book is to examine the role of the de facto state in the international system. The book begins with a description of quasi-states, entities defined as ineffective states that possess internationally recognized sovereignty as indicated by membership in the United Nations. The de facto state, by contrast, is a political movement that possesses substantial control over a specified territory and population but lacks recognition of its sovereignty by the international community. As expressed by Pegg, “The quasi-state is legitimate no matter how ineffective it is. . . . The de facto state, on the other hand, is a functioning reality that is denied legitimacy by the rest of international society” (p. 5).

Author(s):  
Anne Herzberg

Abstract The International Criminal Court (icc) is an independent treaty-based international organisation acting in close cooperation with the United Nations (UN). To that end, organs of the Court have extensively relied on UN documentation in proceedings. These materials have been used to support grounds for the exercise of jurisdiction, demonstrate legal elements of crimes, and prove matters of fact. In recent practice, including in the situations of Palestine, Bangladesh/Myanmar, and Mali, UN materials have been used to establish legal and factual matters on the primary basis that they represent the ‘views of the international community’. This paper examines the ways in which Court organs rely on UN documentation in icc proceedings. It assesses the interplay of such information with rights of the accused. The paper concludes that in order to safeguard its credibility and the fairness of the proceedings, the Court should adopt specific guidelines relating to the evaluation of and admissibility of UN materials.


Author(s):  
Muñoz-Mosquera Andrés ◽  
Chalanouli Nikoleta

This chapter addresses the civilian components accompanying Visiting Forces. For these components, the privileges and immunities of the UN and those specific of the mission apply. This mission immunity is essential for an impartial and effective performance of the specific UN mandate, which is ‘a prerequisite for the success of the mission’. The legal framework for these privileges and immunities has to be sought in Art. 105 of the UN Charter, which consecrates the principle that the UN officials shall enjoy in the territory of each of its members such privileges and immunities as are necessary for the fulfilment of UN purposes in order to be independent in the exercise of their functions. On the other hand, the 1946 Convention on Privileges and Immunities of the United Nations has not come to bring a common understanding on to whom it applies when peacekeepers are involved.


2002 ◽  
Vol 9 (3) ◽  
pp. 265-289 ◽  
Author(s):  

Abstract‘NGOs and, more generally, organizations of the civil society, no longer simply have a consumer relationship with the United Nations. They have increasingly assumed the role of promoters of new ideas, they alerted the international community to emerging issues, and they have developed expertise and talent which, in an increasing number of areas, have become vital to the work of the United Nations, both at the policy and operational levels.’


2017 ◽  
Vol 9 (4) ◽  
pp. 395-421 ◽  
Author(s):  
Melinda Rankin

The failure of the United Nations to effect a ‘responsibility to protect’ in Syria and Iraq has provoked acrimonious debates over how the international community should respond to mass atrocities in the contemporary international order. Moreover, the fact that the International Criminal Court and other United Nations (un) agencies remain unable to investigate in Syria and Iraq, has reinvigorated debate on the mechanisms available to bring those most responsible for humanities gravest crimes to account. This article examines the Commission for International Justice and Accountability (cija). As non-state actors, cija conduct their investigations outside the United Nations system, with the aim of investigating and preparing case briefs for the most senior leaders suspected of war crimes and crimes against humanity in Syria; and war crimes, crimes against humanity and allegations of genocide in Iraq. This article argues that in preparing case briefs for individual criminal liability for a future prosecution, cija have attempted to extend the system of international criminal law, and in so doing, pose a challenge to traditional notions of the state in relation to the concept of war and the law, and the relationship between power and law in the international system. The article concludes by the asking the question: does the international community have a ‘responsibility to prosecute’ those suspected of criminal misconduct?


2005 ◽  
Vol 16 (3) ◽  
pp. 505-523
Author(s):  
Thierry Hentsch

What the United Nations brought to the International Community during its forty years of life cannot be assessed only by referring to the working of the institution and the success or failures it encountered in dealing with specific questions or crises. The profound and lasting changes in the International Community itself in which it contributed in bringing about must also be taken into consideration. Undoubtedly, the most considerable of these changes, a mutation, in the real sense of the word, was the passage from an international society centered around Europe and North-America in 1945, to a truly world society in 1985, through the process of decolonisation. The United Nations decisively contributed to the spreading of the ideology of decolonisation, to the enactment of an international law of decolonisation and to the use of multilateral diplomacy against colonial powers. Eventually, admission to the United Nations became the visible sign as well as the final step of the attainment of political independence. Another remarkable new feature of the international society of today, closely related to the preceding one, is the importance of groups of states, like the Seventy Seven and the Non Aligned, acting as pressure groups. This new setting was made possible only with the existence of the United Nations, where "group diplomacy" was able to deploy itself and to make the "power of the number" felt. Eventually, the whole present diplomatic game, which is played at the level of the world rather than on a bilateral or regional basis in an always growing number of fields, is a product of development of multilateral diplomacy within the United Nations. It is specially true of the so-called North-South dialogue - or confrontation. The World Organization is now an irreversible fact of international life and a reflection of the present structure of the International Society that it helped to build up. But on the other hand, it is a very novel experiment in a historical perspective. Much is y et to be learned in order to be able to make the best use of the instruments it affords for managing the world community.


2018 ◽  
Vol 8 (3) ◽  
pp. v-vii ◽  
Author(s):  
Harlan Koff ◽  
Carmen Maganda

Much debate has swirled around the United Nations’ (UN) 2000–2015 Millennium Development Goals (MDGs). On one hand, the MDGs established the fight against poverty in the global political consciousness. On the other hand, they maintained a traditional statistical approach to “development” that focused on indicators more than transformation. Critics (such as Blanco Sío-López, 2015; Martens, 2015) have contended that the MDGs reinforced power imbalances and the indicators included in the political program were unattainable by many developing states since the beginning.


2011 ◽  
Vol 31 (4) ◽  
pp. 273-292 ◽  
Author(s):  
Bjarke Nielsen

There has been much debate on ‘culturespeak’ and the politics of culture, but the bureaucratic articulation of specific representations of culture has not received much attention. Drawing on ethnographic fieldwork, this article presents a double take on bureaucracy. On the one hand, I focus on the outcome of UNESCO’s bureaucracy: UNESCO promotes an all-inclusive culture perspective for ‘We the Peoples of the United Nations’, but there are limits to tolerance in this culture ideology. On the other hand, I focus on the social and pragmatic adaptation to the bureaucratic field and towards UNESCO’s keywords, as they are embedded with institutional authority in everyday practice. In conclusion, I briefly situate UNESCO’s culture ideology in relation to questions of recognition and redistribution.


Author(s):  
Henry Shue

The United Nations Framework Convention on Climate Change adopted in Rio de Janeiro at the United Nations Conference on Environment and Development (UNCED) in June 1992 establishes no dates and no dollars. No dates are specified by which emissions are to be reduced by the wealthy states, and no dollars are specified with which the wealthy states will assist the poor states to avoid an environmentally dirty development like our own. The convention is toothless because throughout the negotiations in the Intergovernmental Negotiating Committee during 1991 to 1992, the United States played the role of dentist: whenever virtually all the other states in the world (with the notable exceptions of Saudi Arabia and Kuwait) agreed to convention language with teeth, the United States insisted that the teeth be pulled out. The Clinton administration now faces a strategic question: should the next step aim at a comprehensive treaty covering all greenhouse gases (GHGs) or at a narrower protocol covering only one, or a few, gases, for example, only fossil-fuel carbon dioxide (CO2)? Richard Stewart and Jonathan Wiener (1992) have argued for moving directly to a comprehensive treaty, while Thomas Drennen (1993) has argued for a more focused beginning. I will suggest that Drennen is essentially correct that we should not try to go straight to a comprehensive treaty, at least not of the kind advocated by Stewart and Wiener. First I would like to develop a framework into which to set issues of equity or justice of the kind introduced by Drennen. It would be easier if we faced only one question about justice, but several questions are not only unavoidable individually but are entangled with one another. In addition, each question can be given not simply alternative answers but answers of different kinds. In spite of this multiplicity of possible answers to the multiplicity of inevitable and interconnected questions, I think we can lay out the issues fairly clearly and establish that commonsense principles converge to a remarkable extent upon what ought to be done, at least for the next decade or so.


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