scholarly journals Jus Cogens Versus the Chapter VII Powers of the Security Council: With Particular References to Humanitarian Intervention and Terrorism

2020 ◽  
Vol 19 (1) ◽  
pp. 1-52
Author(s):  
Miguel Lemos
Keyword(s):  
Security Council ◽  
Humanitarian Intervention ◽  
World Peace ◽  
Human Race ◽  
The World ◽  
The Face ◽  
Jus Cogens ◽  
Peremptory Norms ◽  
Single World

Abstract The idea of the hierarchical superiority of jus cogens norms in relation to all other norms or actions has gained track. Hence, today, the widely held view is that even decisions of the Security Council cannot contravene imperative norms. This runs counter to the indispensable powers of this organ to do whatever it takes to maintain peace. The argument is that the Security Council can, in the face of a threat or breach of peace, one that, in extremis, has the potential to eradicate the human race, take or authorise necessary action even if this action collides with jus cogens. Such decisions of the Security Council may target every single world entity or individual. Moreover, the world peace body can also legislate and create peremptory norms that are binding upon the whole world. This Article fleshes out the constitutional framework in which the exercise of these powers should be understood and uses as illustrations the old alleged right of humanitarian intervention and the new jus cogens crime of terrorism.

Indian Perspectives on the ‘Responsibility to Protect'

2020 ◽  
Vol 57 (3) ◽  
pp. 296-316
Author(s):  
Akanksha Singh
Keyword(s):  
Developing Countries ◽  
Security Council ◽  
Initial Phase ◽  
Humanitarian Intervention ◽  
Responsibility To Protect ◽  
World Summit ◽  
The Us ◽  
Un Security Council ◽  
The World ◽  
Case Basis

The concept of ‘Responsibility to Protect’ (R2P) took shape to refine the contested concept of ‘humanitarian intervention’. In the initial phase, the concept of R2P did not receive enthusiastic endorsement. Developing countries including India perceived it as a new body with the old spirit and likened it with the concept of humanitarian intervention, and this was reinforced by the US-led war against Iraq in 2003. However, the 2005 World Summit proved to be a watershed in the evolution of R2P, just as it is a landmark to understand an important phase of India’s approach to the idea. It would not be accurate to characterize India as a determined nay-sayer on R2P endorsement, particularly in view of the widely known priority India attached at the World Summit to the question of United Nations (UN) Security Council enlargement. Eventually, by 2009 (with the introduction of ‘three- pillar principles’ of R2P), India became a major proponent for the cautious and legitimate implementation of R2P. However, the experiences gained from Libya made India become a voice of caution in invoking forcible options under the R2P principle in Syria. In this article, the attempt has been made to articulate various permutations and combinations regarding India’s evolving approach to R2P on a case-by-case basis.

The Use of Force: Sweden, the Jus ad Bellum and the European Security and Defence Policy

2010 ◽  
Vol 79 (1) ◽  
pp. 141-188
Author(s):  
Inger Österdahl
Keyword(s):  
Security Council ◽  
Humanitarian Intervention ◽  
Use Of Force ◽  
Responsibility To Protect ◽  
The European Union ◽  
European Security ◽  
Parliamentary Debates ◽  
Jus Ad Bellum ◽  
Willingness To Intervene ◽  
The Face

AbstractThis article explores the development of a doctrine of humanitarian intervention and responsibility to protect among Swedish policy-makers. The doctrine may or may not include an authorization by the United Nations (UN) Security Council as a necessary component. The article investigates how the new doctrine fits with the Swedish constitutional regulation of the use of force and how the evolution of the new Swedish view of the jus ad bellum interacts with the regulation of the use of force in the European Union (EU). The responsibility to protect answers to many of the concerns voiced in Parliament; the doctrine caters both to those who wish a basis for action independent of the Security Council and to those who are faithful to the UN. The parliamentary debates as well as government documents point to a developing political consensus that unilateral humanitarian intervention may be justified under certain exceptional circumstances. The argument that decisions should be made by the Security Council is difficult to maintain in the face of grave human suffering which would otherwise warrant action by the international community. The increasing ability and willingness to intervene internationally in Sweden and the EU leads to a further question, namely: For what will the force be used?

scholarly journals Emerging and re-emerging infections: threat to the world

2020 ◽  
Vol 7 (2) ◽  
pp. 788
Author(s):  
Harish Veerapalli
Keyword(s):  
Public Health ◽  
Research Funding ◽  
Poverty Reduction ◽  
Emerging Infections ◽  
Emerging Pathogens ◽  
Human Race ◽  
The World ◽  
The Face ◽  
Public Health Officials ◽  
Organizational Cooperation

Emerging and reemerging infections are a huge threat to the human race which can destabilize humans from the roots. It is a global problem and not a problem for any single country. 15 million deaths occur annually across the globe due to infections, and 12% of them are due to emerging pathogens. These infections are returning every year with an increased incidence rate and higher virulence. In the present era of globalization and living conditions, such as living in crowded areas increases the potential for the spread of these emerging and reemerging infections, eventually affecting public health. The most prominent challenge that poses in the face of public health officials is the achievement of global preparedness to combat these infections. Aggressive research is needed in this field to help being prepared for an attack by these infections. Global organizational cooperation, international research funding, and poverty reduction are very much necessary for taking measures against these infections.

The Responsibility Not to Veto Revisited under the Theory of ‘Consequential Jus Cogens’

2020 ◽  
Vol 12 (3) ◽  
pp. 299-335
Author(s):  
Rana M. Essawy
Keyword(s):  
International Law ◽  
Security Council ◽  
State Responsibility ◽  
Legal Nature ◽  
Un Security Council ◽  
Jus Cogens ◽  
International Law Commission ◽  
Peremptory Norms ◽  
Law Commission

In this article, I argue that contemporary international law imposes an obligation upon the UN Security Council permanent members to refrain from using their veto repeatedly in ways that impede the Council from acting against violations of peremptory norms. This obligation not to veto emanates from the duty to cooperate to end violations of peremptory norms as enshrined in Article 41(1) of the International Law Commission Articles on State Responsibility. For this purpose, I demonstrate that the duty to cooperate itself possesses a peremptory character under the theory of ‘consequential jus cogens’, whereby effects of jus cogens norms are themselves peremptory. In doing so, this article contributes to the ongoing debates concerning the legal nature of the effects of jus cogens norms by showing that the theory of ‘consequential jus cogens’ is an application of the generally accepted maxim accessorium sequitur principale and thus forms part of positive international law.

scholarly journals In Search of the Hopeful COVID-19 Vaccine. Who will Win the Race to a New Normal?

2021 ◽  
pp. 097206342098309
Author(s):  
Gastón Sanglier Contreras
Keyword(s):  
Health Workers ◽  
Human Race ◽  
New Normal ◽  
Space And Time ◽  
Health Agencies ◽  
The World ◽  
The Face ◽  
A Priority ◽  
To Come

We are in a society where news travels like wildfire. The COVID-19 pandemic has forced us to reorder our space and time. This article analyses these changes and puts the human race in the face of possible pandemics that are to come. Nowadays, we live in a world outside the normality to which we want to return as soon as possible. Reality shows that many things have changed, and we do not know very well if they are to stay. Concern for health workers has grown in all countries, their great need has been shown in cases like this, and the worst thing is that according to the statistics, the world will be subjected to pandemics of this kind in the coming years. Finding a vaccine or drug capable of fighting, stopping and defeating it is a challenge for the world in general, and science and scientists in particular. This study also shows the struggle of the best scientific centres, and the different paths they have taken, to reach the goal first. Cooperation between all health agencies has become a priority, now more than ever, efforts are being made to achieve the same goal, to get the COVID-19 vaccine. Let us hope that science has arguments to win this battle, the war is still to come.

The Compelling Law of Jus Cogens and Exceptions to Peremptory Norms

2020 ◽  
pp. 127-149
Author(s):  
André de Hoogh
Keyword(s):  
Security Council ◽  
General Rule ◽  
Armed Force ◽  
Positive Law ◽  
Peremptory Norm ◽  
Jus Cogens ◽  
General Exceptions ◽  
Peremptory Norms ◽  
Self Defence

In this chapter, the problematic of exceptions to peremptory norms is investigated in view of the defining feature of jus cogens rules as not admitting of derogation. This problematic appears singularly concerned with exceptions to the prohibition of the use of armed force, since that prohibition is regularly claimed to constitute a peremptory norm but admits of exceptions. Different legal constructions have been proposed to explain why exceptions would not amount to derogation. One construction, logically coherent but not (fully) borne out by positive law, is to see exceptions as limiting and lying outside of the substantive scope of a general rule and thus not amounting to derogation. Another construction concerns the claim that the prohibition of the use of armed force is not a jus cogens rule but rather the prohibition of aggression. As such, exceptions such as self-defence, force pursuant to a Security Council authorization, and consent would not amount to derogation, since they would not entail the commission of aggression. This construction would allow for the conclusion that peremptory prohibitions are absolute in character and not subject to exception or justification. Circumstances precluding wrongfulness, as general exceptions, appear to qualify as derogation, since Article 26 of the Articles on the Responsibility of States bars their invocation when conduct would be contrary to a peremptory norm. Finally, a narrow interpretation of the word derogation, as being involved only when states attempt to legalize or justify conduct in relation to already existing, concrete circumstances, could also explain why exceptions to peremptory prohibitions may be considered admissible.

scholarly journals Science and Technology: An Aid in Building Human Resilience

2020 ◽  
Vol 8 (11) ◽  
pp. 152-158
Author(s):  
Dr. Sheeba Himani Sharma
Keyword(s):  
Science And Technology ◽  
The Other ◽  
Human Race ◽  
Current Crisis ◽  
The Past ◽  
The Earth ◽  
The World ◽  
The Face ◽  
Human Immunity ◽  
Effective Drugs

Since inception, human race has always witnessed pandemics, disasters and wars, but it is the resilient spirit that has brought us this far. With each passing devastation, we rebuild ourselves and stand even stronger than before. Although there are numerous factors that help to inculcate resilience within humans, Science and Technology have ever remained faithful and have suggested promising ways using which we could combat our ‘unseen enemy’ today and even in the past. Today, at this hour, when the world is overburdened by the chaos of COVID-19, people are looking up to Science and Technology for the ways they can offer to eradicate this disease from the face of the earth. As it is rightly said, “Necessity is the mother of invention”, it can be safely concluded that Science and Technology are boosted by resilience. The human race has found the best of its innovations while undergoing some very troubled times. The current crisis in front of us is the situation now where the world has been segregated and people have been isolated. But thanks to technology that is knitting us close together. On the other hand, Science is playing its part to help discover effective drugs, improve human immunity and all this is being done to ensure the smooth running of human civilization. This paper intends to bring into view the notable contributions of Science and Technology that are today being used and exploited extensively in light of this pandemic outbreak.

The UN and Disimperialism in the Middle East

1965 ◽  
Vol 19 (3) ◽  
pp. 749-763
Author(s):  
J. C. Hurewitz
Keyword(s):  
Middle East ◽  
Security Council ◽  
General Assembly ◽  
World Peace ◽  
The World ◽  
Peace And Security ◽  
Recent Developments ◽  
Regular Session ◽  
First Session

In the first dozen years of the UN's existence Middle East disputes came before the Security Council and appeared on the agenda of the General Assembly with greater frequency than did disputes in any other region of the world. Thereafter the Middle East did not always occupy the center of the UN's peacekeeping stage. Yet as recent developments in the Arab-Israeli area and in Cyprus and Yemen disclose, the Middle East remains a region of deep restiveness that continues to threaten world peace and security. Every regular session of the General Assembly, except the first session in 1946, has considered Middle East items. Two special sessions dealt with the Palestine problem, and two emergency sessions handled the Suez and Lebanese crises. The Security Council has turned to the Palestine problem or its lineal descendant, the Arab-Israeli dispute, at approximately every sixth meeting.

Power of Darkness: Narrative and Biographical Reflexivity in A Series of Unfortunate Events

2008 ◽  
Vol 1 (2) ◽  
pp. 200-212
Author(s):  
ELIZABETH BULLEN
Keyword(s):  
The Self ◽  
Risk Society ◽  
Project Risk ◽  
Young Readers ◽  
The World ◽  
The Face ◽  
High Earning ◽  
Textual Culture ◽  
Children’S Exposure ◽  
Central Claim

This paper investigates the high-earning children's series, A Series of Unfortunate Events, in relation to the skills young people require to survive and thrive in what Ulrich Beck calls risk society. Children's textual culture has been traditionally informed by assumptions about childhood happiness and the need to reassure young readers that the world is safe. The genre is consequently vexed by adult anxiety about children's exposure to certain kinds of knowledge. This paper discusses the implications of the representation of adversity in the Lemony Snicket series via its subversions of the conventions of children's fiction and metafictional strategies. Its central claim is that the self-consciousness or self-reflexivity of A Series of Unfortunate Events} models one of the forms of reflexivity children need to be resilient in the face of adversity and to empower them to undertake the biographical project risk society requires of them.

Persons in a World of Things

2018 ◽  
Author(s):  
Alan L. Mittleman
Keyword(s):  
Explanatory Power ◽  
The World ◽  
The Face ◽  
Classic Essay

This chapter focuses on the reality of persons in a world of things. It begins and ends with some relevant views drawn from the Jewish philosophers Buber (1878–1965), Heschel (1907–72), and Joseph B. Soloveitchik (1903–93). Framed by the Jewish concerns, it turns to a philosophical exploration of human personhood. The chapter begins by consiering Sellars's classic essay on the scientific and manifest images of “man-in-the-world.” Sellars shows how urgent and difficult it is to sustain a recognizable image of ourselves as persons in the face of scientism. With additional help from Nagel and Kant, it argues that persons cannot be conceptually scanted in a world of things. Notwithstanding the explanatory power of science, there is more to life than explanation. Explanation of what we are needs supplementing by a conception of who we are, how we should live, and why we matter. Those are questions to which Jewish sources can speak.

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