Part 1 The Cold War Era (1945–89), 7 The Belgian Intervention in the Congo—1960 and 1964

2018 ◽  
Author(s):  
Kolb Robert
Keyword(s):  
Cold War ◽  
Local Government ◽  
United Nations ◽  
International Law ◽  
Central Issue ◽  
Member States ◽  
Cold War Era ◽  
The 1960S ◽  
The Cold War

This chapter examines the interventions by Belgium in the Congo at the beginning of the 1960s. After recalling the facts of the crisis, it examines the legal positions of the main protagonists and the reactions of United Nations member states. The central issue turned around the legality of an intervention based on the consent of the local government and the issue of the forcible rescue of citizens abroad. The chapter concludes that the Congo precedent contributed to the shaping of modern international law on these issues.

Beyond Srebrenica and Haiti

2014 ◽  
Vol 10 (2) ◽  
pp. 588-600 ◽  
Author(s):  
Nico Schrijver
Keyword(s):  
Cold War ◽  
United Nations ◽  
International Law ◽  
International Organizations ◽  
Due Process ◽  
Good Governance ◽  
Member States ◽  
Fundamental Freedoms ◽  
The United Nations ◽  
The Cold War

Since the end of the Cold War, international organizations have frequently called upon their member States to respect the principles of good governance and international law. Increasingly, however, questions are raised concerning the behaviour of international organizations themselves and whether their own practice corresponds to what they expect from their member States. In other words: do organizations practise what they preach? Since many international organizations aim to promote respect for human rights and fundamental freedoms, it is reasonable to consider the extent to which these organizations respect such rights and freedoms themselves. Given the immunity of the United Nations, this paper examines some alternative legal procedures for the settlement of claims against the United Nations, taking into consideration contemporary international principles in relation to access to court, due process and reparation. It concludes with a number of recommendations.

Land of Blue Helmets

2016 ◽  
Keyword(s):  
Cold War ◽  
United Nations ◽  
Arab World ◽  
International Conflicts ◽  
Member States ◽  
Post Cold War ◽  
The Past ◽  
The United Nations ◽  
The Cold War ◽  
Political Mediation

Born in 1945, the United Nations (UN) came to life in the Arab world. It was there that the UN dealt with early diplomatic challenges that helped shape its institutions such as peacekeeping and political mediation. It was also there that the UN found itself trapped in, and sometimes part of, confounding geopolitical tensions in key international conflicts in the Cold War and post-Cold War periods, such as hostilities between Palestine and Iraq and between Libya and Syria. Much has changed over the past seven decades, but what has not changed is the central role played by the UN. This book's claim is that the UN is a constant site of struggle in the Arab world and equally that the Arab world serves as a location for the UN to define itself against the shifting politics of its age. Looking at the UN from the standpoint of the Arab world, this volume includes chapters on the potential and the problems of a UN that is framed by both the promises of its Charter and the contradictions of its member states.

Democratic Fantasies vs. Cold War Realities

2018 ◽  
pp. 131-146
Author(s):  
Laurence R. Jurdem
Keyword(s):  
Cold War ◽  
United Nations ◽  
White House ◽  
Parliamentary Elections ◽  
National Review ◽  
The World ◽  
1960S And 1970S ◽  
The 1960S ◽  
The Right ◽  
The Cold War

The strain of Black Nationalism that existed within the United Nations also worried conservatives as they monitored the evolution of events in Southern Africa. In their intense desire to rid the world of communism, other issues, such as race, were either marginalized or ignored. The chapter analyzes the three publications’ view of race as it relates to the issue of Rhodesia during the height of the Cold War. In ignoring the suppression of an entire race of people, Human Events and National Review contrasted what they perceived to be a stable, anticommunist, biracial society with the militarism and lawlessness that they argued defined the 1960s and 1970s. While the two conservative publications viewed Rhodesia as a model of biracial success, Commentary focused on the Carter administration’s dismissive attitude about the dangers of Soviet encroachment within the African hemisphere. The Right argued that the Carter White House, in its refusal to endorse Rhodesia’s 1979 parliamentary elections due to a lack of representation of militant nationalist groups, and its belief in the policy of détente, continued to send a message of American weakness and indifference to totalitarianism around the world.

Reinterpretation or Contestation of International Law in Cyberspace?

2019 ◽  
Vol 52 (3) ◽  
pp. 295-326 ◽  
Author(s):  
François Delerue
Keyword(s):  
Cold War ◽  
United Nations ◽  
International Law ◽  
International Security ◽  
Comprehensive Analysis ◽  
Cyber Threats ◽  
The Third ◽  
Key Points ◽  
The Cold War

Since the end of the Cold War, international law has increasingly been challenged by states and other actors. Specific norms have also been challenged in their application by new realities and obstacles. This article focuses on these challenges as they arise from the development of cyberspace and cyber operations, and offers an overview of the main questions arising with regard to the application of international law to cyber operations. By analysing the application of the existing norms of international law to cyber operations as well as identifying their limits, the article offers an accurate lens through which to study the contestation or process of reinterpretation of some norms of international law. The objective of the article is not to deliver a comprehensive analysis of how the norms of international law apply to cyber operations but to provide an overview of the key points and issues linked to the applicability and application of the norms as well as elements of contextualisation, notably after the failure of the 2016–17 United Nations Group of Governmental Experts on Developments in the Field of Information and Telecommunications in the Context of International Security. The article comprises three parts. The first part focuses on the applicability of international law to cyber operations. The second part identifies challenges that affect the applicability and application of international law in general, while the third part analyses challenges that affect specific norms of international law, highlighting their limits in dealing with cyber threats.

Part 1 The Cold War Era (1945–89), 26 The US Hostage Rescue Operation in Iran—1980

2018 ◽  
Author(s):  
Forteau Mathias ◽  
Ying Xiu Alison See
Keyword(s):  
Cold War ◽  
International Law ◽  
International Organizations ◽  
Present Contribution ◽  
Rescue Operation ◽  
Customary International Law ◽  
Self Help ◽  
The Us ◽  
Cold War Era ◽  
The Cold War

The present contribution discusses the US hostage recuse operation in Iran in 1980. After the presentation of the relevant facts and context of the (eventually aborted) operation, including the official positions of the US and Iran as publicly expressed at that time, the present contribution assesses the legality of the operation, taking into account the reactions of other states and competent international organizations. The legality of the operation is assessed under Article 2(4) and 51 of the UN Charter and other possible exceptions under customary international law such as self-help. It concludes that it is doubtful that the operation was in conformity with international law.

The United Nations, the Cold War, and Its Legacy

2012 ◽  
Author(s):  
Gerd Hankel
Keyword(s):  
Human Rights ◽  
Cold War ◽  
Soviet Union ◽  
United Nations ◽  
Human Person ◽  
Power Politics ◽  
Member States ◽  
The United Nations ◽  
The Cold War

According to the Preamble of the Charter of the United Nations, the member states of this organization resolved ‘to save succeeding generations from the scourge of war’ as well as to act in a way that demonstrates ‘faith in fundamental human rights, in the dignity and worth of the human person’. As demonstrated by the emergence and consolidation of the Cold War, the reality of the situation was very different. The two superpowers (USA and Soviet Union) pursued their own agendas based on their respective power politics. For the most part, the United Nations watched helplessly from the sidelines. The states were meticulous in their efforts to ensure that the United Nations was not allocated any powers that could have led to any appreciable infringement of their sovereignty.

Regionalism, Functionalism, and Universal International Organization

1956 ◽  
Vol 8 (2) ◽  
pp. 238-263 ◽  
Author(s):  
Ernst B. Haas
Keyword(s):  
Cold War ◽  
United Nations ◽  
Basic Theory ◽  
Actual Practice ◽  
International Organization ◽  
Theoretical Structure ◽  
Cold War Era ◽  
Operational Practices ◽  
The Cold War

Nothing compels the reexamination of basic constitutional postulates so much as the possibility of their peaceful revision. Hence the much-advertised United Nations Review Conference underscores the need for contrasting the theoretical structure of the Charter with the reality of the practices which have evolved within its framework. Such an effort, while it might give support to those who strive for severe alterations of the structure, may also lead to the conclusion that even though the operational practices of international organization fail to meet the specifications of the Charter, peace might be more secure in the Cold War era if it is permitted to depend on operational vagaries rather than on legal precision. What, then, is the basic theory of the Charter and what the actual practice?

Part 2 The United Nations: What it is, 3 The Security Council

2017 ◽  
Author(s):  
Higgins Dame Rosalyn, DBE, QC ◽  
Webb Philippa ◽  
Akande Dapo ◽  
Sivakumaran Sandesh ◽  
Sloan James
Keyword(s):  
Cold War ◽  
United Nations ◽  
Security Council ◽  
Member States ◽  
Primary Responsibility ◽  
Peace And Security ◽  
The United Nations ◽  
The Cold War

The Security Council is unique among the principal organs of the UN in two important ways: member states agree to accept and carry out the decisions it takes in accordance with the UN Charter, and member states have conferred upon it primary responsibility for the maintenance of peace and security. It is also the most influential of the UN principal organs. Since the end of the Cold War the productiveness of the Security Council has increased dramatically. In the 1990s, it adopted an average of 64 resolutions a year. In 2016, it adopted 76 resolutions. This chapter discusses the Security Council’s membership, procedure, meetings, non-members, non-state entities, voting, presidency, and functions (oversight and peace and security).

Part 1 The Cold War Era (1945–89), 4 The Suez Crisis—1956

2018 ◽  
Author(s):  
Hofer Alexandra
Keyword(s):  
United Kingdom ◽  
Cold War ◽  
United Nations ◽  
Final Section ◽  
Use Of Force ◽  
Legal Framework ◽  
Member States ◽  
Suez Crisis ◽  
The United Kingdom ◽  
The Cold War

This chapter examines the intervention led by France, the United Kingdom and Israel against Egypt in 1956. After recalling the facts of the Suez Canal Crisis, it examines the legal positions of the main protagonists (Israel, France, the United Kingdom and Egypt) and the reactions of United Nations member states. The intervention’s legality is then assessed against the international legal framework governing the use of force as it stood in 1956. The final section analyses the intervention’s precedential value and its impact on the jus ad bellum. It is argued that if the intervention initially undermined the United Nations, the forceful reaction of UN member states affirmed the importance of the UN Organization and its principles.

Collective Security

2014 ◽  
Author(s):  
Ademola Abass
Keyword(s):  
Cold War ◽  
United Nations ◽  
International Law ◽  
Collective Security ◽  
General Sense ◽  
Regional Organizations ◽  
The United Nations ◽  
Definition Of ◽  
The Cold War

The term collective security in a general sense is given many understandings both professional and nonprofessional. The phrase is sometimes used to describe the organization of security on a “collective” basis. Often, it is used to denote the “collective organization” of security. While neither of these uses is inherently wrong, neither succinctly captures what “collective security” implies when used by international lawyers. In international law, collective security is a term connoting something more dense and intricate, and much more slippery, than the above more straightforward expressions. The notion of collective security, its premise, and objectives are deeply contested by states and scholars. It is universally acknowledged that collective security is today organized under the United Nations; however, regional organizations, which used to focus primarily on economic matters, have attained greater prominence in collective security efforts especially since the end of the Cold War. This article examines the definition of collective security, its features and objectives, the actors that have the responsibility for operating it globally and regionally, its various manifestations, its limitations and, above all, its role in future.

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