The United Nations' Legal Obligations in Terms of Rule of Law in Peacebuilding Operations

2007 ◽  
Vol 11 (1) ◽  
pp. 203-227
Author(s):  
Noëlle Quénivet
Keyword(s):  
United Nations ◽  
Rule Of Law ◽  
Legal Obligations ◽  
The United Nations

scholarly journals UN Accountability for Haiti’s Cholera Epidemic

AJIL Unbound ◽  
2014 ◽  
Vol 108 ◽  
pp. 17-21 ◽  
Author(s):  
Ira Kurzban ◽  
Beatrice Lindstrom ◽  
Shannon Jonsson
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Rule Of Law ◽  
The Rule Of Law ◽  
Cholera Epidemic ◽  
Legal Obligations ◽  
The United Nations ◽  
Settlement Mechanism

A lawsuit pending in U.S. courts against the United Nations for its responsibility for Haiti’s cholera out-break is the largest challenge yet to the impunity of the organization, which has thus far refused to comply with its legal obligations to provide a settlement mechanism to the victims. With no such avenue of redress available to them, those affected by the epidemic have been left in the bizarre situation where in order to obtain justice they must file lawsuits against the United Nations, whose mandate is to defend the rule of law and promote human rights. If successful, the suit would improve accountability for the organization and underscore the need for it to comply with international 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.

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.

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.

The protection of refugees in international law post September 11 2001

2003 ◽  
Vol 6 ◽  
pp. 389-408
Author(s):  
Geoff Gilbert
Keyword(s):  
United Nations ◽  
International Law ◽  
The United States ◽  
September 11 ◽  
Legal Obligations ◽  
The People ◽  
The Face ◽  
The United Nations ◽  
Post September 11 ◽  
Domestic Law

The protection of refugees in international law is always a complex mix of legal obligations and policy considerations. Unfortunately, the reaction against refugees post September 11 has ignored both the facts and the pre-existing law.This paper addresses how refugees have fared in international and domestic law post September 11 2001. Given that a refugee, by definition, has lost the protection of her/his state, there is no body, other than the United Nations High Commission for Refugees (UNHCR), which is able to respond in the face of unjustified restrictions on the rights accorded to this most vulnerable group.The first thing to note is that none of the people involved in the events of September 11 was a refugee. Equally, immediately after the events of September 11, approximately 100,000 Afghans fled Kabul fearing revenge attacks by the United States. At the same time, under pressure from Pakistan and Iran, the United Nations High Commission for Refugees facilitated the repatriation of 215,000 Afghan refugees.

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