The Direct Administration of Territories by the United Nations and its Member States in the Post Cold War Era: Legal Bases and Implications for National Law

2004 ◽  
Vol 8 (1) ◽  
pp. 291-340 ◽  
Author(s):  
Erika de Wet

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.


Author(s):  
de Wet Erika

This contribution discusses the Gulf War of 1991-1991. It sets out the facts and context of the Iraqi invasion of Kuwait in August 1990, followed by the adoption of United Nation Security Council Resolution 678 (1990) and the subsequent military reaction by the United States-led international coalition. It assesses the reaction of the main protagonists and that of the broader international community to these events. In doing so, it also assesses the legal basis of the military response by the international coalition of the ‘willing and able’ against Iraq. It determines whether it was based on Article 42 of the United Nations Charter, or collective self-defence in terms of Article 51 of the United Nations Charter. The final section examines if and to what extent this case has had an impact on (the legal basis) of military measures taken in the interest of collective security in the post-Cold War era.


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