France and United Nations Peacekeeping

1967 ◽  
Vol 21 (2) ◽  
pp. 306-325 ◽  
Author(s):  
James Joseph Combs

“To maintain international peace and security …” is the first purpose listed in Article I of the United Nations Charter, and it is generally conceded to be the Organization's most important one. Although the United Nations Charter provides procedures for both peaceful settlement and peacekeeping, the peacekeeping role has been more active and more contentious. Indeed, without an authoritative organ for interpreting the Charter each Member has been left to determine for itself the meaning of such fluid phrases as “enforcement action,” “national sovereignty,” and “primary responsibility,” to mention only a few. The result has been a divergence of views which surprises all but that consummate logician—the reasonable man.

2017 ◽  
Vol 13 (1) ◽  
Author(s):  
Kevin P Clements

The challenge of peace is complex and intractable. Much depends on the meaning of the concept and the definition of the term. And in that respect much depends on whether a diplomatic-legal or a sociopolitical approach is adopted. The diplomatic-legal approach is enshrined in the United Nations Charter of 1945. The primary goal of the United Nations is to protect future generations from the scourge of war. The charter bestows on the Security Council the primary responsibility for maintaining, or restoring, international peace and security. 


1969 ◽  
Vol 4 (4) ◽  
pp. 534-550 ◽  
Author(s):  
Ruth Lapidoth

Members of the United Nations have conferred upon the Security Council “primary responsibility for the maintenance of international peace and security” and have agreed “that in carrying out its duties under this responsibility the Security Council acts on their behalf” (article 24 of the U.N. Charter). The question may be asked whether the Security Council lived up to this responsibility during the May 1967 crisis in the Middle East which preceded the Six Day War. Did the Security Council do everything in its power to avoid the clash, and what were the reasons for its failure to avert the crisis?In order to be able to evaluate the Council's stand, it will be necessary to recall summarily the developments which led up to the hostilities of June 1967, as well as the Security Council's powers under the Charter of the U.N.


1991 ◽  
Vol 25 (1) ◽  
pp. 1-42 ◽  
Author(s):  
Timothy L. H. McCormack

Article 51 of the United Nations Charter states that:Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a member of the United Nations, until the Security Council has taken the measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of selfdefense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.International lawyers are still arguing about the scope of the right of self-defence in Article 51 of the U.N. Charter. Most of the arguments focus on the semantics of Article 51. Those who argue for a “restrictive view” of the provision emphasise the qualifying phrase “if an armed attack occurs”.


2011 ◽  
Vol 26 (2) ◽  
pp. 235-261 ◽  
Author(s):  
ZOU Keyuan

AbstractThe Charter of the United Nations designates the United Nations Security Council (UNSC) as one of the principal organs of the United Nations, assuming the “primary responsibility for the maintenance of international peace and security”. It has the power to determine the existence of any threat to the peace, breach of the peace, or act of aggression, to make recommendations, and decide what measures should be taken to maintain or restore international peace and security. This article addresses a number of issues concerning how the UNSC Resolutions are enforced at sea in accordance with applicable international law and makes special reference to the circumstances in East Asia, particularly the Korean Peninsula.


1968 ◽  
Vol 22 (3) ◽  
pp. 649-669 ◽  
Author(s):  
J. Leo Cefkin

On December 16, 1966, the Security Council held its 1340th meeting and adopted its 232nd resolution. It was a historic resolution. For the first time the Security Council voted to impose sanctions under Chapter VII of the United Nations Charter aimed at ending the rebellion against the United Kingdom by the Ian Smith regime in Rhodesia. Acting in accordance with Article 39, the Council determined that the situation in Rhodesia constituted “a threat to international peace and security,” and, under Article 41, it decided that all Member States of the United Nations must apply sanctions to bar the importation of a number of basic Rhodesian exports.


1956 ◽  
Vol 50 (2) ◽  
pp. 358-372 ◽  
Author(s):  
Majid Khadduri

Muslim states have shown in recent years eagerness to participate in international organizations and co-operate with other Powers to promote international peace and security. This is a significant phenomenon in the behavior of states whose traditional law of nations is so radically different from the modern law of nations and the principles implied in the United Nations Charter.


Author(s):  
Png Cheong-Ann

This chapter looks at the work of the United Nations Security Council, which it states is, in addition to the United Nations conventions, central to global anti-terrorism efforts. The Security Council, as one of the principal organs of the United Nations (UN), is the body that the UN Charter vests with primary responsibility for the maintenance of international peace and security. The chapter looks at the composition and running of the Security Council. Chapter VI of the UN Charter enables the Security Council to take certain measures in situations where the continuation of a dispute is likely to threaten international peace and security. Chapter VII of the UN Charter enables the Security Council to take relatively far-reaching measures that are mandatory obligations for UN members, including the use of force, and it has a fair degree of discretion in the adoption of these measures. The chapter looks at a number of UN Security Council resolutions in detail.


ICL Journal ◽  
2017 ◽  
Vol 11 (2) ◽  
Author(s):  
Otto Spijkers

AbstractA constitution defines the values of a particular community, and establishes institutions to realize these values. In defence of the argument that the United Nations Charter is the world’s constitution, I will try to show that it contains the shared values and norms of the international community, and that the UN’s organs are tasked with the promotion and protection of the shared values and norms as defined in the UN Charter. The focus is on the values of human dignity and peace and security.


Author(s):  
Михаил Елизаров

Born out of the ashes of the Second World War, the United Nations has made a major contribution to maintain international peace and security. Based on common goals, shared burdens and expenses, responsibility and accountability, the UN helped to reduce the risk of a repetition of a Word War, to reduce hunger and poverty, and promote human rights. But today, the legitimacy and credibility of the UN have been seriously undermined by the desire of some countries to act alone, abandoning multilateralism. So, do we need the UN today?


Author(s):  
Esam Elden Mohammed Ibrahim

The International Court of Justice had the opportunity to establish the principles of international humanitarian law and restrict the use or threat of nuclear weapons, on the occasion of its fatwa, on the legality of the threat or use of nuclear weapons at the request of the United Nations General Assembly, after realizing that the continued development of nuclear weapons exposes humanity to great risks, and its request It states, "Is the threat or use of nuclear weapons in any circumstance permissible under the rules of international law" (Atalm, 1996), (Shahab, 2000), Therefore, the comment seeks to answer the question: What is the legality of possession, production and development of nuclear weapons? What is the extent of the legality of the threat to use it in light of the advisory opinion of the International Court of Justice in this regard? Was the decision of the International Court of Justice in favor of documenting the principles of international humanitarian law and international human rights law? Or was it biased in its decision to the interests of a particular class itself? The researcher used in that descriptive, descriptive and critical analytical method, and the results that lead to criticism of the work of the International Court of Justice in this regard were reached on the premise that they tended towards tipping the political nature of the issue presented to it under the pressures and directions of the major nuclear states and this strengthens my criticism to the United Nations that I see It only works for the benefit of the major powers under the auspices of the Security Council by veto (right to veto) at a time when the Security Council itself is responsible for maintaining international peace and security, just as it can be said that the United Nations does not work for the benefit of mankind but works for the five major countries Even with regard to nuclear weapons Regardless of whether or not there was a threat to international peace and security. From this standpoint, the researcher reached several recommendations, the most important of which is the necessity of the independence of the International Court of Justice in its work from the political considerations of member states, especially the major countries, as a step to establish and support international peace and security in a practical way in practice. The United Nations should also reconsider what is known as a veto, which is and it is rightly one of the most important and most important measures that truly threaten international peace and security.


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