United Nations Constitutional Assistance

2020 ◽  
pp. 3-79
Author(s):  
Vijayashri Sripati
Keyword(s):  
Public Policy ◽  
United Nations ◽  
International Law ◽  
Rule Of Law ◽  
International Organizations ◽  
Constitutional Law ◽  
League Of Nations ◽  
The United Nations

This chapter establishes United Nations Constitutional Assistance (UNCA) as a significant but uncharted international and constitutional law topic. UNCA is defined as a set of activities undertaken to produce/internationalize the Western liberal constitution. The Constitution’s salience is outlined to show that UNCA: sires UN/International Territorial Administration; is salient vis-à-vis the UN’s assistance in all other sectors (e.g., electoral, judicial, rule of law); and underpins UN peacebuilding/UN Statebuilding. This backdrop sets the stage for the book’s mission: to analyze UNCA through the concept of ‘Policy Institution’ and Purposive Analysis (analysis of the UN’s official statements). Which is: to investigate and identify the Constitution’s internationalization by international organizations (e.g., the League of Nations and the United Nations); to analyse how the Constitution and its purposes fit into international law and public policy; to consider how states internationalized the Constitution to achieve colonial trusteeship; and to explain how the legitimacy of UNCA with, and without ITA might be appraised in the light of this analysis.

scholarly journals The origins of international organizations and the mission of education: intellectual projects of the League of Nations and global goals of the UN and UNESCO in education management

2020 ◽  
Author(s):  
Ю.А. Горячев ◽  
В.Ф. Захаров
Keyword(s):  
United Nations ◽  
International Law ◽  
San Francisco ◽  
International Organizations ◽  
League Of Nations ◽  
International Standards ◽  
Joint Work ◽  
Normative Documents ◽  
Education Management ◽  
The United Nations

Вслед за подготовкой и публикацией статьи «На пути к международным стандартам образования: от педагогики мыслителей ранних эпох к современным подходам (часть первая)» специалистами факультета регионоведения и этнокультурного образования МПГУ подготовлена вторая часть, повествующая о становлении международных организаций и миссии образования: интеллектуальных проектах Лиги Наций и глобальных целях ООН и ЮНЕСКО в управлении образованием. Авторы рассказывают о зарождении международных организаций в эпоху античного греческого мира и Древнего Востока, о возникновении римского права, католического канонического права, норм Корана и их влияния на формирование международного права. В статье уделяется внимание первым попыткам гуманизации законов и обычаев войны, признания государственного суверенитета как основы принципов международного права. Представлена картина формирования сети международных межправительственных организаций, основанных на договорах и обладающих согласованной компетенцией и постоянными органами функционирования. Дается описание предпосылок возникновения, процедур разработки нормативных документов и создания таких организаций, как Лига Наций, Организация Объединенных Наций, Организация Объединенных Наций по вопросам образования, науки и культуры. Изложены этапы совместной работы государств — инициаторов создания ООН в годы Второй мировой войны (в том числе в ходе конференций в Москве, Тегеране, Ялте, Думбартон-Оксе), успешно завершившиеся принятием Устава ООН государствами — участниками Генеральной конференции в Сан-Франциско. Предусмотрена также публикация третьей части по вопросам международного сотрудничества в сфере образования, в которой будут представлены нормативно-правовые документы глобального и регионального уровня по вопросам образовательного сотрудничества. After the article «Towards international standards of education: from pedagogy of early thinkers to modern approaches (part one)» had been published the specialists of the Faculty of regional studies and ethnocultural education of ISHE prepared the second part. It tells us about the formation of international organizations and the mission of education — intellectual projects of the League of Nations and global goals of the UN and UNESCO in education management. The authors spotlight the origin of international organizations in the era of the ancient Greek world and the Ancient East, the accrual of Roman law, Catholic Canon law, the norms of the Koran and their influence on the formation of international law. The article focuses on the first attempts to humanize the laws and customs of war and recognize state sovereignty as the basis of the principles of international law. A picture of the formation of a network of international intergovernmental organizations based on treaties and having agreed competence and permanent functioning bodies is presented. The prerequisites for the emergence, procedures for developing normative documents and establishing such organizations as the League of Nations, the United Nations and the United Nations Educational, Scientific and Cultural Organization are described. Stages of joint work of the states — initiators of UN creation during the Second World War (including conferences in Moscow, Tehran, Yalta, and Dumbarton-Oxe) successfully finished with adoption of the UN Charter by the States parties of the General Conference in San Francisco, are described. The third part on international cooperation in education, which will present regulatory documents of global and regional level on educational cooperation, is to be published in 2021.

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.

Responsibility of the United Nations for the Activities of Private Military and Security Companies in Peacekeeping Operations: In Need of a New International Instrument

2014 ◽  
Vol 18 (1) ◽  
pp. 152-187
Author(s):  
Jessica Pressler
Keyword(s):  
United Nations ◽  
International Law ◽  
International Organizations ◽  
Legal Obligation ◽  
Peacekeeping Operations ◽  
Legal Obligations ◽  
The United Nations ◽  
World Organization ◽  
Insight Into ◽  
Security Companies

This chapter deals with the rising deployment of private military and security companies (pmscs) in peacekeeping operations of the United Nations and the demand for an increased willingness on part of the international organisation to take on responsibility for potential wrongdoings by its contracted personnel. It aims to demonstrate that the un is vested with a legal obligation to ensure that the conduct of private contractors under its command complies with obligations under international law and identifies possibilities to formulate a new regulatory framework in light of the recent Montreux Process and the Draft Articles on the Responsibility of International Organizations. The chapter further outlines ways for remedial mechanisms for potential victims of pmsc peacekeeper wrongdoings and offers an insight into the general tension between the organization’s immunity and its accountability. While the un’s reliance on pmscs in peacekeeping operations is an efficient mean to secure troops, it must go hand in hand with the compliance of international legal obligations and institutional responsibility so as to ensure its legitimacy and credibility as a world organization mandated to maintain peace and security and to respect human rights.

1. The best hope of mankind? A brief history of the UN

2015 ◽  
pp. 8-25
Author(s):  
Jussi M. Hanhimäki
Keyword(s):  
World War Ii ◽  
World War I ◽  
United Nations ◽  
International Organizations ◽  
League Of Nations ◽  
International Peace ◽  
World War ◽  
History Of ◽  
The United Nations

The International Peace Conference in 1899 established the Permanent Court of Arbitration as the first medium for international disputes, but it was the League of Nations, established in 1919 after World War I, which formed the framework of the system of international organizations seen today. The United Nations was created to manage the world's transformation in the aftermath of World War II. ‘The best hope of mankind? A brief history of the UN’ shows how the UN has grown from the 51 nations that signed the UN Charter in 1945 to 193 nations in 2015. The UN's first seven decades have seen many challenges with a mixture of success and failure.

The League of Nations between Scientific Knowledge and Political Dependence

2020 ◽  
Vol 29 (2) ◽  
pp. 188-202
Author(s):  
Dimitar Tyulekov ◽  
Ilko Drenkov ◽  
Jani Nikolla
Keyword(s):  
United Nations ◽  
International Law ◽  
Scientific Knowledge ◽  
League Of Nations ◽  
Peace Building ◽  
The Balkans ◽  
Political Outcomes ◽  
Border Dispute ◽  
The United Nations ◽  
Post War

The League of Nations sets strict professional frameworks that are subordinate to scientific knowledge and international law and respect, without any differences between small and big powers. The first chairman, Eric Drummond, who headed up to 1934, established a huge international prestige of the organization and achieved a number of successes in peace building. The League’s policy in the Balkans is revealed mainly through its relations with Albania and Bulgaria, which both joined the League in December 1920. The two countries rely on the international organization for the peaceful resolution of their political, minority and social problems. Under the supervision of the League of Nations, a number of agreements for voluntary and mutual exchange of people between Greece and Bulgaria are being concluded, which aims to soothe the Macedonian problem in Aegean Macedonia. Under her patronage are the agreements between Greece and Albania regulating the protection of Greek minorities and schools, as well as settling the border dispute between the Serb-Croat-Slovene Kingdom and Albania in 1921. The rapid intervention of the United Nations suspended the Greek aggression on Bulgarian territory in the autumn of 1925 and prevented a possible new war. Dimitar Shalev's petitions from Skopje to the United Nations aim to achieve the Yugoslav state's humane treatment towards Bulgarian minorities within its borders, but political dependencies and overlapping contradictions are an obstacle to peaceful and sustainable political outcomes. In the second half of the 1930s, the League lost its initial prestige, and in the course of the emerging new global conflict it fell into political dependence, marking its collapse. Unresolved issues and contradictions, along with the harsh political post-war realities, quickly bury the League’s noble impetus.

Collective Security and Collective Self-Defense Under the Charter of the United Nations

1948 ◽  
Vol 42 (4) ◽  
pp. 783-796 ◽  
Author(s):  
Hans Kelsen
Keyword(s):  
United Nations ◽  
International Law ◽  
League Of Nations ◽  
Individual Member ◽  
Collective Security ◽  
Enforcement Action ◽  
Self Defense ◽  
The United Nations ◽  
The Law ◽  
The Individual

Collective security is the main purpose of the United Nations, just as it was the main purpose of its predecessor, the League of Nations. What does collective security mean? Under general international law the principle of self-help prevails. The protection of the legal interests of the states against violations on the part of other states is left to the individual state whose right has been violated. General international law authorizes the state, i.e., the individual member of the international community, to resort, in case of a violation of its rights, to reprisals or war against that state which is responsible for the violation. Reprisals and war are enforcement actions. Insofar as they are reactions against violations of the law, and authorized by it, they have the character of sanctions. We speak of collective security when the protection of the rights of the states, the reaction against the violation of the law, assumes the character of a collective enforcement action.

Principles of International Law Concerning Friendly Relations and Co-Operation Among States

1967 ◽  
Vol 61 (3) ◽  
pp. 703-736 ◽  
Author(s):  
Piet-Hein Houben
Keyword(s):  
United Nations ◽  
International Law ◽  
League Of Nations ◽  
Special Committee ◽  
The United Nations

Since the very beginning of its existence the United Nations, like the League of Nations before it, has experienced how difficult it is to define the scope of the most general and fundamental principles of international law in a declaration of legal significance. Today this is still the case, as appears from the efforts undertaken since the establishment four years ago of a United Nations Special Committee, which was given the task of studying in what way and to what extent the primary principles of international law contained in the Charter could yield rules adapted to the changed world situation. Before considering in detail the most recent proceedings of the Special Committee, it seems useful briefly to recall the context within which the Committee started its work.

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.

Recent Developments in United Nations Treaty Registration and Publication Practices

1982 ◽  
Vol 76 (2) ◽  
pp. 350-363 ◽  
Author(s):  
Mala Tabory
Keyword(s):  
United Nations ◽  
International Law ◽  
International Agreements ◽  
League Of Nations ◽  
Recent Developments ◽  
Publication Practices ◽  
The United Nations ◽  
United Nations Charter

The framework for the systematic registration and publication of international agreements on an intergovernmental level was set in Article 18 of the League of Nations Covenant, and later in Article 102 of the United Nations Charter. The purpose of treaty registration and publication is to give effect to the principle and policy of “open covenants”—enunciated as the first of President Wilson’s Fourteen Points—in lieu of secret diplomacy. In addition, these procedures serve to record “contemporary trends in substantive international law” for the benefit of judicial and government practitioners, scholars, and specialists in various fields.

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