The Rule of Law in International Affairs. International Law at the Fiftieth Anniversary of the United Nations. By IAN BROWNLIE. The Hague: Martinus Nijhoff, 1998. 242 pp

2000 ◽  
Vol 70 (1) ◽  
pp. 248-249
Author(s):  
V. Lowe
2010 ◽  
Vol 10 (2) ◽  
pp. 143-180
Author(s):  
Bronik Matwijkiw ◽  
Anja Matwijkiw

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.


2020 ◽  
Vol 28 (1) ◽  
pp. 50-65
Author(s):  
Samuel Boadi Adarkwah

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.


AJIL Unbound ◽  
2014 ◽  
Vol 108 ◽  
pp. 17-21 ◽  
Author(s):  
Ira Kurzban ◽  
Beatrice Lindstrom ◽  
Shannon Jonsson

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.


1989 ◽  
Vol 2 (2) ◽  
pp. 240-247
Author(s):  
Marcel Brus

From 26 to 29 June the Ministers of Foreign Affairs of the Movement of Non-Aligned Countries convened at the premisses of the Peace Palace in The Hague to discuss the issue of peace and the rule of law in international affairs. This meeting was the start of a campaign for aDecade of International Law. This was the first occasion that an extraordinary ministerial conference of the Non-Aligned Movement was not held in one of its member countries. The Hague was chosen to underline the historic ties between this city and the (early) development of international law. This year it will be 90 years ago that the First Hague Peace Conference was held on the initiative of Emperor Nicholas II of Russia. This conference (together with the Second Hague Peace Conference of 1907) became a landmark in the history of the codification of international law and especially the development of mechanisms for the peaceful settlement of international disputes between states. The two most important conventions that were adopted at that conference were the Convention with Respect to the Law and Customs of War on Land and the Convention for the Pacific Settlement of International Disputes.


1992 ◽  
Vol 18 (1) ◽  
pp. 19-30 ◽  
Author(s):  
Terry Nardin

In this paper I am going to argue a familiar but still controversial thesis about the relation between international ethics and international law, which I would sum up in the following list of propositions:First, international law is a source as well as an object of ethical judgements. The idea of legality or the rule of law is an ethical one, and international law has ethical significance because it gives institutional expression to the rule of law in international relations.Secondly, international law—or, more precisely, the idea of the rule of law in international relations—reflects a rule-oriented rather than outcome-oriented ethic of international affairs. By insisting on the priority of rules over outcomes, this ethic rejects consequentialism in all its forms.


1990 ◽  
Vol 18 (2) ◽  
pp. 122-126
Author(s):  
Robert W. Schaaf

Those seeking information on the United Nations’ work in systematizing the rules of public international law may find it useful to examine the latest edition of The Work of the International Law Commission (4th ed., United Nations, 1988). According to this publication, (the primary source for this column), interest in the development and codification of the rules on international law may be traced back to the late 18th century and the English philosopher Jeremy Bentham, author of Principles of International Law. From this time forward there were numerous attempts at the codification of international law, but intergovernmental regulation of general legal questions originated with the Congress of Vienna (1814–1815). Thereafter, international legal rules on various subjects were developed by different diplomatic conferences. These included such subjects as the laws of war on land and sea, pacific settlement of international disputes and the regulation of postal services and telecommunications. The Hague Peace Conferences of 1899 and 1907 stimulated the movement for codification. Efforts to promote the codification and development of international law were further advanced with the 1924 (September 22) resolution of the fifth session of the League of Nations Assembly which envisaged the establishment of a standing Committee of Experts for the Progressive Codification of International Law. After having consulted member governments and the Council, the League Assembly decided in 1927 to convene a Codification Conference which took place at The Hague in the Spring of 1930. Unfortunately, the international instruments resulting from the work of the conference were only in the one field of nationality. One further step, however, was the adoption by the League Assembly on September 25, 1931 of a major resolution on codification of international law emphasizing the need to strengthen the influence of governments at each stage in the codification process.


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