Developing a ‘Peace and Security’ Approach Towards Minorities' Problems

2003 ◽  
Vol 52 (1) ◽  
pp. 115-150 ◽  
Author(s):  
Li-ann Thio
Keyword(s):  
International Law ◽  
Ethnic Conflict ◽  
Personal Autonomy ◽  
International Policy ◽  
Policy Makers ◽  
Minority Protection ◽  
Global Issue ◽  
Peace And Security ◽  
Multicultural States

The centuries old problem of protecting minorities with in multicultural states through international law is a recognised contemporary global issue.2 Minority protection schemes constitute an important facet in the arsenal of techniques available to states and international policy-makers in managing the potentially destabilising effects of nationalist aspirations, where manifested in ethnic conflict.3 These aspirations range from minimalist claims for personal autonomy to maximalist claims for spatial autonomy, even independent statehood.

scholarly journals Evaluating Peace Support Operations to Enhance International Policy

2015 ◽  
Author(s):  
Noreen Towle
Keyword(s):  
International Relations ◽  
International Organization ◽  
International Policy ◽  
Policy Makers ◽  
International Treaty ◽  
Un Peacekeeping ◽  
Un Security Council ◽  
Complex Emergency ◽  
Peace And Security ◽  
Peacekeeping Missions

The United Nations (UN) is an international organization created from the express consent of states and established upon a multilateral international treaty between those states in order to perform the functions of promoting international peace and security, aid in the development of international relations, promote human rights, and aid in “harmonizing actions” between nations. The most ardent of these functions falls to the UN Security Council due to its responsibility for maintaining peace and security. UN peacekeeping missions were originally an alternative to collective security but they have evolved into Peace Support Operations (PSO) and are deployed with a strategy and mission in mind that will coordinate the multitude of organizations joining in to support the society undergoing a complex emergency. Evaluations of PSOs is imperative in order to effectively provide policy makers with the knowledge necessary to improve strategy and resource allocation for future PSOs.

scholarly journals New Directions in Women, Peace and Security

2020 ◽  
Keyword(s):  
International Law ◽  
United Nations Security Council ◽  
War And Peace ◽  
Policy And Practice ◽  
International Policy ◽  
Emerging Trends ◽  
Arms Trade ◽  
New Directions ◽  
Peace And Security ◽  
The Impact

What does gender equality mean for peace, justice, and security? At the turn of the 21st century, feminist advocates persuaded the United Nations Security Council to adopt a resolution that drew attention to this question at the highest levels of international policy. Today the Women, Peace and Security agenda is a complex field, relevant to every conceivable dimension of war and peace. This groundbreaking edited book engages vexed and vexing questions about the future of the agenda, from the legacies of coloniality to the prospects of international law, and from the implications of global arms trade to the impact of climate change. The collection balances analysis of emerging trends with specially-commissioned reflections from those at the forefront of policy and practice.

New minorities, old instruments? Diversity governance from the perspective of minority rights

2016 ◽  
Vol 13 (2) ◽  
pp. 178-192
Author(s):  
Roberta Medda-Windischer
Keyword(s):  
International Law ◽  
Minority Groups ◽  
Minority Rights ◽  
Minority Protection ◽  
Common Definition ◽  
National Minorities ◽  
Scope Of Application

In international law, minority rights instruments have been traditionally conceived for, and applied to, old minority groups with the exclusion of new minority groups originating from migration. Yet, minority groups, irrespective of their being old or new minorities, can be subsumed under a common definition and have some basic common claims. This allows devising a common but differentiated set of rights and obligations for old and new minority groups alike. This paper argues that the extension of the scope of application of legal instruments of minority protection, such as the Framework Convention for the Protection of National Minorities (FCNM), is conceptually meaningful and beneficial to the integration of new minorities stemming from migration. 

Can housing rights be applied to modern housing systems?

2010 ◽  
Vol 2 (2) ◽  
pp. 103-117 ◽  
Author(s):  
Padraic Kenna
Keyword(s):  
International Law ◽  
Case Law ◽  
Epistemic Communities ◽  
Policy Makers ◽  
Content Type ◽  
Housing Systems ◽  
Effective Implementation ◽  
Housing Rights ◽  
The World ◽  
Effective Translation

PurposeThe purpose of this paper is to outline and examine the growing corpus of housing rights and assess their relevance and applicability to complex contemporary housing systems across the world.Design/methodology/approachThe paper sets out the principal instruments and commentaries on housing rights developed by the United Nations, regional and other bodies. It assesses their relevance in the context of contemporary analysis of housing systems, organized and directed by networks of legal and other professionals within particular domains.FindingsHousing rights instruments are accepted by all States across the world at the level of international law, national constitutions and laws. The findings suggest that there are significant gaps in the international law conception and framework of housing rights, and indeed, human rights generally, which create major obstacles for the effective implementation of these rights. There is a preoccupation with one element of housing systems, that of subsidized or social housing. However, effective housing rights implementation requires application at meso‐, micro‐ and macro‐levels of modern, dynamic housing systems as a whole. Epistemic communities of professionals develop and shape housing law and policy within these domains. The housing rights paradigm must be further fashioned for effective translation into contemporary housing systems.Research limitations/implicationsThe development of housing rights precedents, both within international and national law, is leading to a wide and diffuse corpus of legislation and case law. More research is needed on specific examples of effective coupling between housing rights and elements of housing systems.Originality/valueThis paper offers housing policy makers and lawyers an avenue into the extensive jurisprudence and writings on housing rights, which will inevitably become part of the lexicon of housing law across the world. It also highlights the limitations of housing rights implementation, but offers some new perspectives on more effective application of these rights.

Security Council

1963 ◽  
Vol 17 (1) ◽  
pp. 226-230
Keyword(s):  
United States ◽  
Soviet Union ◽  
International Law ◽  
Security Council ◽  
The United States ◽  
United States Government ◽  
The Soviet Union ◽  
The World ◽  
Peace And Security ◽  
States Government

The Security Council discussed this question at its 1022nd–1025th meetings, on October 23–25, 1962. It had before it a letter dated October 22, 1962, from the permanent representative of the United States, in which it was stated that the establishment of missile bases in Cuba constituted a grave threat to the peace and security of the world; a letter of the same date from the permanent representative of Cuba, claiming that the United States naval blockade of Cuba constituted an act of war; and a letter also dated October 22 from the deputy permanent representative of the Soviet Union, emphasizing that Soviet assistance to Cuba was exclusively designed to improve Cuba's defensive capacity and that the United States government had committed a provocative act and an unprecedented violation of international law in its blockade.

The Dynamics of International Law in a Globalised World

2016 ◽  
Author(s):  
Matthias Herdegen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Good Governance ◽  
Driving Forces ◽  
International Agreements ◽  
Democratic Legitimacy ◽  
International Peace ◽  
Economic Stability ◽  
Peace And Security ◽  
Global Spread

In the process of globalisation, international law plays a crucial and ambivalent role. It is one of the driving forces behind the integration of markets, expanding standards of human rights and good governance as well as mechanisms for international peace and security. International law also responds to a globalised world which catalyses not only universal ethics, but also the global spread of risks to political and economic stability. "Evolutive interpretation" of international agreements affects traditional concepts of sovereignty and democratic legitimacy. It enhances the power of technocratic elites. At the same time, we witness an intensive interplay between the different sectors of international law; new layers of 'hard' and 'soft' normativity as well as intriguing forms of legal pluralism.

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 Interdependance, linkage et système international : de l'analyse conceptuelle aux problèmes de politique étrangère

2005 ◽  
Vol 18 (2) ◽  
pp. 329-352
Author(s):  
Irnerio Seminatore
Keyword(s):  
Foreign Policy ◽  
International Relations ◽  
International System ◽  
Political Context ◽  
International Policy ◽  
Policy Makers ◽  
The North ◽  
Interdependence Theory ◽  
The Face ◽  
The Impact

The emergence and evolution of the literature dealing with interdependence in the international System is looked into. An attempt is made to show its significance and main points as well as its implications. The debates on interdependence within the North-American political context are regarded as solutions to the preceding issues on dependence. Interesting passages are dedicated to the impact of the interdependence theory on the interpretation of the international system, as illustrated by two schools of thought in foreign policy (Kissinger-Brzezinski). Linkage of the tactical and strategic aspects to the economic and political interrelation of international relations, as put forward by policy makers, has brought to the fore the difficulties and limits of negotiation in the face of competition and in the aftermath of confrontation. This paper offers subtle, yet positive, conclusions on the use of the interdependance theory in international policy.

scholarly journals Pidana Kerja Sosial, Tokyo Rules, serta Tantangannya di Masa Mendatang

2021 ◽  
Vol 10 (3) ◽  
pp. 517
Author(s):  
Maria Ulfah
Keyword(s):  
International Law ◽  
Community Service ◽  
Criminal Code ◽  
Correctional Institutions ◽  
Policy Makers ◽  
The Future ◽  
General Assembly Resolution ◽  
Un General Assembly ◽  
The One ◽  
Alternative Sanctions

Community service order is one of the alternative sanctions from short-term imprisonment and light fines as regulated in Article 65, Article 82, and Article 85 of the Draft of Indonesia Criminal Code on the September 2019 (RUU KUHP). Community service order is expected to be the one solution for the overcrowded state of Correctional Institutions in Indonesia due to the large number of articles with imprisonment. Community service order as a new criminal sanction in the future requires further arrangements that can support its implementation in the future and it is possible that several challenges arise in its implementation. The contents of further regulations related to community service order in this research are explored through general guidelines in the international law, namely the Tokyo Rules (UN General Assembly Resolution Number 45/110). This research uses qualitative research with normative juridical research methods in the form of analytical descriptive. The result of this study is twenty-two provisions in the Tokyo Rules can be used as a guide in determining the contents of further regulations related community service order. In addition, the factors can become challenges must be carefully considered by legal policy makers so that they are minimized in the implementation of community service order in the future. Pidana kerja sosial adalah salah satu sanksi alternatif dari pidana penjara jangka waktu pendek maupun sanksi pidana denda ringan yang diatur dalam Pasal 65, Pasal 82, dan Pasal 85 Rancangan Undang-Undang tentang Kitab Undang-Undang Hukum Pidana September 2019 (RUU KUHP). Pidana kerja sosial diharapkan menjadi salah satu solusi dari keadaan overcrowded Lembaga Pemasyarakatan di Indonesia akibat banyaknya pasal dengan sanksi pidana penjara. Pidana kerja sosial sebagai sanksi pidana baru di masa mendatang membutuhkan pengaturan lebih lanjut yang dapat mendukung implementasinya di masa mendatang dan dimungkinkan muncul beberapa tantangan dalam implementasinya. Isi dalam pengaturan lebih lanjut terkait pidana kerja sosial dalam penelitian ini dapat digali melalui pedoman umum dalam dunia internasional yakni Tokyo Rules (Resolusi Majelis Umum PBB Nomor 45/110). Penelitian ini menggunakan penelitian kualitatif dengan metode penelitian yuridis normatif berbentuk deksriptif analitis. Hasil dari penelitian ini adalah adanya dua puluh dua ketentuan dalam Tokyo Rules yang dapat menjadi panduan dalam menentukan isi pengaturan lebih lanjut terkait pidana kerja sosial. Selain itu, faktor-faktor yang dapat menjadi tantangan harus dipikirkan secara matang oleh pembuat kebijakan hukum agar terminimalisir dalam pelaksanaan pidana kerja sosial di masa mendatang.

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