scholarly journals Peran Organisasi Regional Dalam Pemeliharaan Perdamaian dan Keamanan Internasional

2016 ◽  
Vol 3 (2) ◽  
pp. 247-268
Author(s):  
Imam Mulyana
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
International Peace ◽  
Main Approach ◽  
Regional Organizations ◽  
International Dispute ◽  
Un Security Council ◽  
Peace And Security ◽  
International Regulations

Abstract: International law has stipulated a number of mechanisms in order to resolve the dispute between the countries. International dispute settlement mechanisms are required to use peaceful means as the main approach. However, if peaceful means can not resolve a dispute, it can also be used enforcementaction by the UN Security Council, particularly if potentially threatens peace and international security. The UN Charter also regulates the role of regional organizations, including when regional organizations intend to play a role related with maintenance of international peace and security. Although in practice today of regional organizations has been actively engaged in the maintenance of international peace and security, but international regulations regarding this activity has not been clearly settle, particularly in terms of scale and responsibility mechanism. Abstrak: Peran Organisasi Regional Dalam Pemeliharaan Perdamaian dan Keamanan Internasional. Hukum internasional telah mengatur sejumlah mekanisme dalam rangka menyelesaiakan sengketa yang terjadi antara negara-negara di dunia. Mekanisme penyelesaian sengketa internasional diharuskan menggunakan cara-cara damai sebagai pendekatan utama. Meskipun demikian apabila cara-cara damai tidak dapat menyelesaikan suatu sengketa, maka dapat pula digunakan cara-cara kekerasan oleh Dewan Keamanan PBB, terutama apabila mengancam perdamaian dan keamanan internasional. Piagam PBB juga mengatur mengenai peran Organisasi Regional termasuk apabila Organisasi Regional bermaksud berperan dalam melakukan pemeliharaan perdamaian dan keamanan internasional. Meskipun pada praktiknya hari ini Organisasi Regional telah aktif melakukan kegiatan pemeliharaan perdamaian dan keamanan internasional, akan tetapi ketentuan internasional mengenai aktivitas ini belum secara jelas diatur, terutama dalam hal skala dan mekanisme pertangungjawabannya.  DOI: 10.15408/jch.v2i2.2317

United Nations and Regional Organizations: Complementarity v. Subsidiarity

2016 ◽  
Vol 19 (1) ◽  
pp. 241-277 ◽  
Author(s):  
Alena F. Douhan
Keyword(s):  
United Nations ◽  
Security Council ◽  
Collective Security ◽  
International Peace ◽  
Regional Organizations ◽  
Universal System ◽  
Un Security Council ◽  
Peace And Security ◽  
New System

The United Nations organization was planned to be established as a single universal system of collective security. Major efforts were supposed to be taken by the UN Security Council. Regional organizations were introduced into the system as a subordinate subsidiary means – elements of the system. Over the course of the time it has, however, appeared that the UN Security Council was not able to act in the way prescribed by the UN Charter in suppressing newly emerged threats and challenges in the sphere of security. In the contrary, the role of regional organizations has increased substantially. They do the majority of tasks in the sphere of maintenance of international peace and security, often without authorization or even informing the UN Security Council, although the legality of some of these actions may be dubious. As a result, the Council itself transfers the accent in relations between the UN and regional organizations from subsidiarity to complementarity or even partnership. It is thus necessary to re-check the meaning of the concepts of complementarity and subsidiarity as well as the UN Charter provisions in the changed circumstances and to specify principles of the new system.

scholarly journals What Does the Uniting for Peace Resolution Mean for the Role of the UN Security Council?

AJIL Unbound ◽  
2014 ◽  
Vol 108 ◽  
pp. 118-122
Author(s):  
Ieva Miluna
Keyword(s):  
International Law ◽  
Security Council ◽  
General Assembly ◽  
Collective Security ◽  
International Peace ◽  
Constant Control ◽  
Un Security Council ◽  
Peace And Security ◽  
Normative Role

The Uniting for Peace resolution together with the UN Charter prescribes a certain role for the General Assembly with regard to international peace and security. Larry Johnson addresses that role, but he does not consider a second question: how does the Uniting for Peace resolution affect the UN Security Council? The normative role of the Council is influenced not only by the Charter, but also by general international law. In this comment, I explore the normative role of the Council in fulfilling the Charter’s purpose to maintain international peace and security. I argue that the text of the Charter and the prior practice of both the Assembly and the Council help to determine the proper division of these organs’ respective tasks within the Charter system. I conclude that the Council alone exercises the constant control needed to enforce measures of collective security effectively, and that the Assembly is limited to recommending the consequences for states when threats or breaches of the peace occur.

Adoption of 1325 Resolution

2018 ◽  
pp. 25-37
Author(s):  
Christine Chinkin
Keyword(s):  
National Security ◽  
International Law ◽  
Security Council ◽  
Terrorist Attacks ◽  
International Peace ◽  
Real Possibility ◽  
Policy Initiatives ◽  
Un Security Council ◽  
Peace And Security ◽  
Oriented Approach

UN Security Council Resolution 1325 was not adopted in a vacuum, but rather can be read with a number of other programs within the Security Council (SC) and UN architecture. These include other thematic resolutions, as well as broader policy initiatives. Taken together, these diverse strands sought to shift the understanding of the SC’s role in the maintenance of international peace and security, away from a classic state-oriented approach to one that places people at its center. The adoption of Resolution 1325, along with these other developments, had implications for the making of international law (the place of civil society and experts within the international legal and institutional framework), for rethinking participation, and the meaning of security/protection. This chapter suggests that 2000 was a pivotal moment when a more human-oriented international law seemed a real possibility and before the turn back toward militarism and national security in the wake of the terrorist attacks of September 11, 2001.

Dispute Settlement in International Law

2014 ◽  
Author(s):  
Loris Marotti ◽  
Paolo Palchetti
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
Third Party ◽  
Basic Principles ◽  
Interstate Disputes ◽  
International Dispute ◽  
Legal Duty ◽  
Recent Trends

The basic principles and methods governing the settlement of international disputes today—particularly interstate disputes—are substantially the same as those that were identified and enshrined in the Charter of the United Nations in 1945. Parties to a dispute are under a duty to settle it in a peaceful way (Article 2, paragraph 3 of the UN Charter). While barred from resorting to armed force, the parties remain however, at least in principle, “masters” of the procedure for dispute settlement, and of the outcome. In the absence of a precise treaty obligation, they are free to decide the particular means of dispute settlement they prefer (Article 33 of the UN Charter). More broadly, any settlement will inevitably depend, directly or indirectly, on the agreement of the parties. Thus, the whole edifice of dispute settlement at the international level is characterized by an inherent tension between a legal duty to settle disputes in a peaceful way and the absence of any real compulsory mechanism that may render such obligation effective. Against this legal background, the notion of dispute settlement covers a great variety of different settlement devices. Such procedures can be distinguished one from the other on the basis of different criteria, such as whether they contemplate the intervention of a third party, whether the settlement is based on the application of rules of international law, or whether the final outcome of the procedure has a binding or nonbinding character. The classification of these different procedures; the identification of their respective merits and shortcomings, in absolute or comparative terms; their suitability in relation to different categories of disputes—these are all issues that have been traditionally the object of a vast body of literature. On a broader perspective, recent trends, which have brought some changes in the field of the international dispute settlement, have also attracted the attention of doctrine. These trends include the progressive institutionalization of the procedures, thanks also to the growing role of international organizations in this area, the multiplication of settlement mechanisms and the ensuing problem of the possible interaction or conflict between them, the creation of new courts and tribunals, and the rise of adjudication as a means of dispute settlement.

Security Council Legislation, Article 2(7) of the UN Charter, and the Principle of Subsidiarity

2011 ◽  
Vol 24 (3) ◽  
pp. 539-559 ◽  
Author(s):  
NICHOLAS TSAGOURIAS
Keyword(s):  
United Nations ◽  
Security Council ◽  
Dispute Settlement ◽  
International Peace ◽  
Member States ◽  
Peace And Security ◽  
The United Nations ◽  
The Relationship ◽  
Law Making

AbstractThis article considers the relationship between the United Nations and its member states in view of the Security Council's assertion of legislative powers. It claims that the exponential growth in UN powers at the expense of the powers of its member states cannot be arrested by legal means, because of the nature of the UN system and the absence of legally enforceable criteria and compulsory dispute-settlement mechanisms. For this reason, it proposes a different approach to law-making in the area of international peace and security – one that is built around the principle of subsidiarity, as reflected in Article 2(7) of the UN Charter. The role of the principle of subsidiarity in this respect is to determine which authority is best suited to exercise legislative power and how such power should be exercised in order to attain the objective of peace and security more efficiently. It is thus contended that the principle of subsidiarity promotes co-operative relations between the United Nations and its member states by protecting the latters' jurisdictional authority from unnecessary interference.

Pakistan

2019 ◽  
pp. 575-603
Author(s):  
Ahmer Bilal Soofi
Keyword(s):  
United Nations ◽  
International Law ◽  
The State ◽  
International Treaties ◽  
International Peace ◽  
Sovereign State ◽  
Governmental Organizations ◽  
State Practice ◽  
Peace And Security

This chapter evaluates international law in Pakistan. In the international arena, Pakistan was collectively recognized as a sovereign state within the community of nations by gaining membership of the United Nations. Pakistan is also a member of various other international and regional governmental organizations. Now enshrined in the country’s Constitution of 1973 are principles of policy for the state to ‘promote international peace and security, foster goodwill and friendly relations among all nations and encourage the settlement of international disputes by peaceful means’. With regards to its international law obligations, Pakistan operates as a dualist state: The Rules of Business 1973 empower the Cabinet to sign and ratify international treaties and agreements on behalf of the state, following which the Parliament is tasked with their incorporation via implementing legislation. The chapter then highlights Pakistan’s contribution to international law, through state practice or otherwise, as well as the role of international law in Pakistan’s domestic jurisprudence.

scholarly journals The Role of International Law and Observance of Its Regulations on Countries Economic Development

2016 ◽  
Vol 9 (7) ◽  
pp. 85
Author(s):  
Bahman Akbari
Keyword(s):  
Economic Development ◽  
International Law ◽  
International Peace ◽  
Factors Affecting ◽  
International Scope ◽  
Peace And Security ◽  
Multiple Characteristics ◽  
The One ◽  
The Relationship

<p>The significance of poverty consequences in contemporary social system and the role of economic development in consolidating the basis of international peace and security led to conduct a research on factors affecting the establishment of development. The question - on the one hand–is that: what's the role of International law in economic development and -on the other hand- what's the relationship between observance of regulations of international law by governments and their economic development? Based on the theory of the formation of international law mechanisms derived from it must reflect Humanity's collective demands and in concrete manifestation must found norms that ensure and deepen human rights in the International scope. However, since the governments are considered the first and the most important subject of international law, the achievements obtained by international law cannot be apart from the governments actions, so that national sovereignties normativism and observance of regulations of international law- in line with multiple characteristics necessary for achieving economic development- are pivotal factors in the economic development.</p>

scholarly journals The Relationship between the Un Security Council and General Assembly in Matters of International Peace and Security

2016 ◽  
Author(s):  
Nigel D. White
Keyword(s):  
International Law ◽  
Security Council ◽  
Use Of Force ◽  
Responsibility To Protect ◽  
General Assembly ◽  
International Peace ◽  
Un Security Council ◽  
Peace And Security ◽  
Un General Assembly ◽  
The Relationship

This chapter examines the division of competence between the UN Security Council and the UN General Assembly concerning matters of international peace and security but placed within the context of the prohibition on the use of force. Although the Security Council can authorize the use of force by states, what is not clear is whether the General Assembly can recommend that states take military action. The chapter considers the conundrum faced by the United Nations with respect to an imminent and catastrophic use of force or act of egregious violence, when the UN Security Council is deadlocked because of the lack of agreement between the permanent members. It discusses the debate over the legality of the (in)famous Uniting for Peace Resolution of 1950 within the context of the emerging principle of a Responsibility to Protect (R2P) as well as within existing principles of international law.

International Dispute Settlement

2008 ◽  
Author(s):  
Cesare P. R. Romano
Keyword(s):  
International Law ◽  
Dispute Settlement ◽  
International Environmental Agreements ◽  
Environmental Agreements ◽  
International Treaties ◽  
International Peace ◽  
The Past ◽  
Environmental Disputes ◽  
International Dispute ◽  
The One

In international treaties, dispute settlement clauses follow the description of the agreed rules. As a result of this eventual and ancillary function, the law and procedure of international dispute settlement has long been the Cinderella of international law. In the past two decades, a series of considerations has modified this casual attitude towards international dispute settlement, particularly in the environmental sphere. Environmental factors have been increasingly acknowledged to be a relevant source of international tension and disputes, and even of actual threats to international peace and security. The settlement of environmental disputes can be explored along many different themes and variables. This article examines international dispute settlement in the field of the environment by contrasting dispute settlement by way of procedures contained in international environmental agreements (endogenous) to dispute settlement by way of procedures either of non-environmental agreements or of environmental agreements other than the one under which the dispute arose (exogenous).

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