United Nations Sanctions and the Rule of Law

2008 ◽  
Vol 5 (1) ◽  
pp. 233-236
Author(s):  
Jan Klabbers
Keyword(s):  
United Nations ◽  
Rule Of Law ◽  
The Rule Of Law

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.

The Rule of Law and Human Rights in the Balkans

2000 ◽  
Vol 37 ◽  
pp. 223-256
Author(s):  
L. C. Green
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Rule Of Law ◽  
Viable Alternative ◽  
The Rule Of Law ◽  
The Balkans ◽  
The United Nations

SummaryThe author considers the application of relevant human rights provisions to the Balkans both historically and in terms of contemporary issues. In particular, he discusses the legality of the measures taken under the auspices of NATO in respect of Kosovo and queries whether such measures are able to remedy such a breakdown of civil administration and respect for human rights. In the author's view, in such circumstances, administration of a country by the United Nations itself provides the only viable alternative.

United Nations Targeted Sanctions, the International Rule of Law and the European Court of Justice's Judgment in Kadi and al-Barakaat

2010 ◽  
Vol 79 (1) ◽  
pp. 113-140 ◽  
Author(s):  
Fredrik Stenhammar
Keyword(s):  
United Nations ◽  
International Law ◽  
Rule Of Law ◽  
Financial Assets ◽  
The Rule Of Law ◽  
Community Law ◽  
European Court ◽  
Economic Warfare ◽  
Domestic Law ◽  
International Rule

AbstractThis article analyzes the judgment of the European Court of Justice in the Kadi and al-Barakaat case from the perspective of international law and the rule of law among nations. The conclusions drawn are with regard to international law and thus not necessarily decisive for the application of domestic law and Community law to the issue of targeted United Nations (UN) sanctions. It is argued that targeted UN sanctions in the form of blacklisting and freezing of financial assets are lawful under applicable international law as a species of economic warfare. Even if, contrary to expectation, they were unlawful when first introduced, consent and active participation on part of the European states mean that they are in all likelihood precluded from protesting against them now. The European Community Court's judgment cannot affect the validity under international law of targeted UN sanctions. If it turns out that the UN sanctions can no longer be accommodated within Community law, which is an implication but by no means an immediate result of the judgment, it will be for each state to apply its national legislation and continue to implement the sanctions, disregarding Community law if necessary. This would be a serious test of the European states' professed devotion to international law.

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.

scholarly journals ASEAN REFORM: TOWARDS A MORE COHESIVE REGIONAL INTERGOVERNMENTAL ORGANISATION

2019 ◽  
Vol 3 (1) ◽  
pp. 71-83
Author(s):  
Yogi Bratajaya
Keyword(s):  
Human Rights ◽  
National Identity ◽  
United Nations ◽  
Rule Of Law ◽  
Dispute Settlement ◽  
Mutual Respect ◽  
Territorial Integrity ◽  
The Rule Of Law ◽  
United Nations Charter ◽  
The Relationship

AbstractThe Association of Southeast Asian Nations (ASEAN) is a regional intergovernmental organization that has seen exponential growth throughout the course of its lifespan ever since it was founded in August 8 of 1967. The organization comprises of 10 Member States with differing backgrounds in economy, culture and government. Its aims and purposes include “To promote regional peace and stability through abiding respect for justice and the rule of law in the relationship among countries of the region and adherence to the principles of the United Nations Charter” based on the “Mutual respect for the interdependence, sovereignty, equality, territorial integrity, and national identity of all nations.” However, it seems that ASEAN’s fundamental principles are its main detriment to achieving and carrying out its aims and purposes. The organization has faced multiple criticisms regarding its failure to address pressing matters in the region, such as ongoing human rights violations committed by member states. The slowness in addressing these matters is due to its fundamental principles of non-intervention and mutual respect for political independence, which in turn causes the lack of comprehensive dispute settlement mechanisms within the organization. This journal aims to pinpoint and identify the root of the aforementioned problems and seeks to provide a comprehensive solution with reference to other regional organizations. Keywords: ASEAN, Legal Personality, Dispute Settlement, Human Rights   AbstrakAssociation of SouthEast Asian Nations (ASEAN) merupakan sebuah organisasi antarnegara regional yang mengalami perkembangan pesat sejak terbentuknya pada 8 Agustus 1967. Saat sekarang ASEAN mengandung 10 anggota negara yang mempunyai latar-belakang ekonomi, budaya, dan sistem pemerintahan yang berbeda. Tujuan dari ASEAN adalah “To promote regional peace and stability through abiding respect for justice and the rule of law in the relationship among countries of the region and adherence to the principles of the United Nations Charter” berdasarkan “Mutual respect for the interdependence, sovereignty, equality, territorial integrity, and national identity of all nations.” Namun, prinsip dasar ASEAN seakan-akan menghambat ASEAN untuk mencapai tujuannya. Kritik yang dihadapi oleh ASEAN meliputi statusnya dalam hukum internasional, kurangnya efektivitas sistem penyelesaian sengketa di dalam ASEAN, dan bagaimana ASEAN mengatasi permasalahan Hak Asasi Manusia. Jurnal ini bertujuan untuk mengidentifikasi masalah tersebut dan memberi solusi komprehensif dengan meninjau kepada organisasi regional lain. Kata Kunci: ASEAN, Personalitas Hukum, Penyelesaian Sengketa, Hak Asasi Manusia

scholarly journals Zapobieganie przestępczości i sprawiedliwość karna z perspektywy Kongresów Organizacji Narodów Zjednoczonych

2021 ◽  
Vol 43 (4) ◽  
pp. 543-572
Author(s):  
Emil W. Pływaczewski
Keyword(s):  
Criminal Justice ◽  
United Nations ◽  
Crime Prevention ◽  
International Cooperation ◽  
Rule Of Law ◽  
Good Governance ◽  
The Rule Of Law ◽  
History Of ◽  
Prevention Of Crime ◽  
High Level

For over 65 years, the United Nations has held congresses aimed at strengthening international cooperation against expanding crime. The First Congress on the Prevention of Crime and Treatment of Offenders took place in Geneva in 1955. Sixty-six years later, in 2021, this tradition continued, postponed by the Covid-19 epidemic, as the Fourteenth United Nations Congress on Crime Prevention and Criminal Justice took place in the former capital of Japan — Kyoto. The aim of the paper is to present the most important achievements of all 14 congresses, especially focusing on the development of UN standards and norms in crime prevention and criminal justice. The author also presents the history of the participation and activities of Polish participants of the Congresses (official delegates and individual experts) in the years 1960–2021. The general conclusion is that the institution of the UN Crime Congresses is a major high-level forum to steer the development of the rule of law, to promote global security and good governance, and to improve the response to crime.

THE OWNERSHIP OF CONFISCATED PROCEEDS OF CORRUPTION UNDER THE UN CONVENTION AGAINST CORRUPTION

2018 ◽  
Vol 67 (3) ◽  
pp. 669-694
Author(s):  
Anton Moiseienko
Keyword(s):  
United Nations ◽  
Rule Of Law ◽  
Fundamental Principle ◽  
The State ◽  
The Rule Of Law ◽  
United Nations Convention ◽  
The United Nations

AbstractArticle 51 of the United Nations Convention against Corruption sets forth the return of assets diverted through corruption as a fundamental principle of the Convention. This raises the question of whether the State where the stolen assets are located is entitled to refuse their repatriation or subject it to certain conditions. This article analyses the Convention and the policy considerations behind it and argues that such a State has a wider discretion over the return of stolen assets than is often thought. Furthermore, the article argues that the rule of law may be better served if States take vigorous action to confiscate the proceeds of corruption regardless of whether they are ultimately repatriated.

scholarly journals The value of the United Nations in resolving problems of the rule of law in conflict States

2016 ◽  
Vol 3 (1) ◽  
pp. 155-162
Author(s):  
N I Kostenko
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Rule Of Law ◽  
Years Of Experience ◽  
Effective Protection ◽  
The Rule Of Law ◽  
Peacekeeping Operations ◽  
Sustainable Peace ◽  
Protection Of Human Rights ◽  
The United Nations

In this paper, the author tries to analyze the main extracted from the work of the United Nations according to the rule of law in the States for the last fifteen years. The analysis shows that the rule of law and the approval of the rule of law in the States for the last fifteen years of experience - is fundamental to sustainable peace after conflict, for the effective protection of human rights. Keywords: problems of justice, the rule of law, the rule of law, peacekeeping operations, the UN standards.

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