scholarly journals UN Accountability for Haiti’s Cholera Epidemic

AJIL Unbound ◽  
2014 ◽  
Vol 108 ◽  
pp. 17-21 ◽  
Author(s):  
Ira Kurzban ◽  
Beatrice Lindstrom ◽  
Shannon Jonsson
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Rule Of Law ◽  
The Rule Of Law ◽  
Cholera Epidemic ◽  
Legal Obligations ◽  
The United Nations ◽  
Settlement Mechanism

A lawsuit pending in U.S. courts against the United Nations for its responsibility for Haiti’s cholera out-break is the largest challenge yet to the impunity of the organization, which has thus far refused to comply with its legal obligations to provide a settlement mechanism to the victims. With no such avenue of redress available to them, those affected by the epidemic have been left in the bizarre situation where in order to obtain justice they must file lawsuits against the United Nations, whose mandate is to defend the rule of law and promote human rights. If successful, the suit would improve accountability for the organization and underscore the need for it to comply with international law.

Stakeholder Theory and Justice Issues: The Leap from Business Management to Contemporary International Law

2010 ◽  
Vol 10 (2) ◽  
pp. 143-180
Author(s):  
Bronik Matwijkiw ◽  
Anja Matwijkiw
Keyword(s):  
United Nations ◽  
International Law ◽  
Stakeholder Theory ◽  
Rule Of Law ◽  
Transitional Justice ◽  
Business Management ◽  
Secretary General ◽  
The Rule Of Law ◽  
Post Conflict ◽  
The United Nations

AbstractIn this article, the two authors examine the leap from business management to contemporary international law in the context of stakeholder theory. Because stakeholder theory was developed for business management, they provide a thorough account of the original framework. Furthermore, to illustrate the theory's application as a recently adopted parameter for the United Nations, they use former Secretary-General Kofi Atta Annan's 2004-report to the Security Council, "The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies". Proceeding on the hypothesis that while all premises ultimately match traditional positions in general jurisprudence, it appears that stakeholder theory nevertheless forces the United Nations to take sides in an unprecedented manner, especially pertaining to rights-typology and the credentials-checking for this. Finally, some of the most important implications are distilled as part of an attempt to formulate a few recommendations for United Nations justice managers and administrators.

The Rule of Law and Human Rights in the Balkans

2000 ◽  
Vol 37 ◽  
pp. 223-256
Author(s):  
L. C. Green
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Rule Of Law ◽  
Viable Alternative ◽  
The Rule Of Law ◽  
The Balkans ◽  
The United Nations

SummaryThe author considers the application of relevant human rights provisions to the Balkans both historically and in terms of contemporary issues. In particular, he discusses the legality of the measures taken under the auspices of NATO in respect of Kosovo and queries whether such measures are able to remedy such a breakdown of civil administration and respect for human rights. In the author's view, in such circumstances, administration of a country by the United Nations itself provides the only viable alternative.

scholarly journals Ordre du droit et droit de l'ordre

2005 ◽  
Vol 28 (3) ◽  
pp. 699-729
Author(s):  
Jacques Zylberberg
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
The State ◽  
Political Rights ◽  
Sovereign State ◽  
The Rule Of Law ◽  
Civil And Political Rights

This essay undertakes a review of national and international law to demonstrate that law is mainly an ideological and variable instrument of the State and of the United Nations, which is a by-product of the states. In this perspective, the author opposes the pragmatical ideology of resistance against the sovereign state to the juridical legitimation and the behaviour of the States who reluctantly have conceded some civil and political rights. Those rights are endangered by the growing bureaucratization of the state, the inflation of the juridical norms and rules, in addition to the permanent repressive characters of the State. The criticism of the contradiction and the variation of the rule of law when it relates to "human rights" is also extended to international law as well as to the international organizations.

scholarly journals The value of the United Nations in resolving problems of the rule of law in conflict States

2016 ◽  
Vol 3 (1) ◽  
pp. 155-162
Author(s):  
N I Kostenko
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Rule Of Law ◽  
Years Of Experience ◽  
Effective Protection ◽  
The Rule Of Law ◽  
Peacekeeping Operations ◽  
Sustainable Peace ◽  
Protection Of Human Rights ◽  
The United Nations

In this paper, the author tries to analyze the main extracted from the work of the United Nations according to the rule of law in the States for the last fifteen years. The analysis shows that the rule of law and the approval of the rule of law in the States for the last fifteen years of experience - is fundamental to sustainable peace after conflict, for the effective protection of human rights. Keywords: problems of justice, the rule of law, the rule of law, peacekeeping operations, the UN standards.

Counter-Terrorism Framework and Individual Liberties in Ghana

2020 ◽  
Vol 28 (1) ◽  
pp. 50-65
Author(s):  
Samuel Boadi Adarkwah
Keyword(s):  
United Nations ◽  
Member State ◽  
International Law ◽  
Rule Of Law ◽  
Emerging Democracies ◽  
The Rule Of Law ◽  
Counter Terrorism ◽  
The United Nations ◽  
Terrorist Acts

Does the flow of legislation arising from the United Nations Security Council's Resolution 1373 framework create rule-of-law and other issues of liberty for individuals in emerging democracies? This article examines the surveillance and other counter-terrorism laws created by Ghana, a Member State of the United Nations, in response to its international law obligation to combat terrorism. The article finds that significant tension exists between the government's attempt to implement legislation for the detection and suppression of terrorist acts and the rule of law and the enjoyment of individual freedoms and liberties in Ghana.

The Involvement of UN in Palestine and the Possibility of a Global Protection Force

2021 ◽  
pp. 105-112
Author(s):  
Kainat Kamal
Keyword(s):  
Human Rights ◽  
International Law ◽  
Rule Of Law ◽  
The Rule Of Law ◽  
Peacekeeping Operations ◽  
Security Environment ◽  
Sustainable Peace ◽  
Un Peacekeeping ◽  
Peace And Security ◽  
Peacekeeping Missions

The United Nations (UN) peacekeeping missions are mandated to help nations torn by conflict and create conditions for sustainable peace. These peacekeeping operations hold legitimacy under international law and the ability to deploy troops to advance multidimensional domains. Peacekeeping operations are called upon to maintain peace and security, promote human rights, assist in restoring the rule of law, and help conflict-prone areas create conditions for sustainable peace ("What is Peacekeeping", n.d.). These missions are formed and mandated according to individual cases. The evolution of the global security environment and developing situations in conflictridden areas requires these missions to transform from 'traditional' to 'robust' to 'hybrid', accordingly (e.g., Ishaque, 2021). So why is it that no such model can be seen in restoring peace and protection of Palestinian civilians in one of the most protracted and deadly conflicts in history?

scholarly journals Diplomatic protection in international law and the United Nations

2013 ◽  
pp. 667-681
Author(s):  
Bojan Milisavljevic
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Customary Law ◽  
Diplomatic Protection ◽  
History Of ◽  
The United Nations ◽  
International Law Commission ◽  
The Impact ◽  
Law Commission

The paper deals with the issue of the diplomatic protection in international law and its development through the history of the international community. In this sense, the author investigates the practice of states regarding the application of diplomatic protection and the steps taken by the International Law Commission of the United Nations on the codification of this area. In 2004 International Law Commission adopted at first reading a full set of draft articles. In this paper is presented judicial practice, especially of the International Court of Justice, in the field of diplomatic protection in order to evaluate whether the approach of the Court to diplomatic protection has become more human-rights oriented in the last few years. Author presents the development of customary law rules relating to diplomatic protection and its transition into a whole system of rules through the work of the International Law Commission. In this sense, these are the basic stages in the codification of rules on diplomatic protection and the United Nations contribution to the protection of the rights of foreign nationals. This article points the development of universal and regional mechanisms to protect human rights and highlights the impact of those mechanisms on traditional measures of diplomatic protection.

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