scholarly journals Solidarity as a Principle of International Law: Its Application in Consensual Intervention

2019 ◽  
Vol 6 (2) ◽  
pp. 333
Author(s):  
Themistoklis Tzimas
Keyword(s):  
International Law ◽  
Human Security ◽  
Fundamental Principle ◽  
Collective Security ◽  
International Peace ◽  
Balanced Approach ◽  
The People ◽  
Peace And Security ◽  
Domestic Law ◽  
Actual Control

The article analyses solidarity as a principle of international law, in relation to consensual intervention. The main point of the article is that solidarity constitutes a fundamental principle of international law which lies at the center of the collective security system. This is why solidarity, in the framework of international law must comply with the ultimate goal of the preservation of international peace and security. In such a framework, consensual intervention is assessed from the perspective both of the inviting as well as of the intervening part, on the basis of several criteria, including the level of actual control on the ground, the compliance with international and domestic law, the scope of the consent and the means of implementation of this scope. In cases of contested domestic authority, a larger variety of criteria need to be taken into account. It is proposed that solidarity can offer a balanced approach, between State-centered and human security or in other words between solidarity among States and solidarity towards the people.

Part I International Law and Global Security, Ch.1 The Concept of Security in International Law

2021 ◽  
Author(s):  
White Nigel D ◽  
Davies-Bright Auden
Keyword(s):  
National Security ◽  
International Law ◽  
Human Security ◽  
Collective Security ◽  
National Interests ◽  
Political Literature ◽  
State Security ◽  
Peace And Security ◽  
Definition Of ◽  
And Function

This chapter traces the development of ‘security’ in international legal discourse from State security, to collective security, to human security, in order to understand whether there has been a change of emphasis or, in fact, a deepening of security. National security focuses on the safety of the nation-State, which necessitates placing national interests over collective interests. Collective security marks a transition in that the more national interests become diluted, the more centralized a response becomes, and the concept of threats to peace and security is broadened to include events within States that have international repercussions. The chapter considers the debates about ‘security’ at a conceptual level, drawing on legal and political literature, and then sets them against developments in practice to see if a conclusion can be drawn on the precise nature and function of ‘security’ in international law. It addresses the question of whether ‘peace’ and ‘security’ are, or should be seen as, norms of international law. The lack of formal legal definition of security signifies that subjective views, particularly intersubjective understandings of security, have facilitated the breakdown of the State–human security divide. The chapter looks at the implications for this as security moves from being the primary purpose of international law and institutions to becoming a primary norm.

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.

The Dynamics of International Law in a Globalised World

2016 ◽  
Author(s):  
Matthias Herdegen
Keyword(s):  
Human Rights ◽  
International Law ◽  
Good Governance ◽  
Driving Forces ◽  
International Agreements ◽  
Democratic Legitimacy ◽  
International Peace ◽  
Economic Stability ◽  
Peace And Security ◽  
Global Spread

In the process of globalisation, international law plays a crucial and ambivalent role. It is one of the driving forces behind the integration of markets, expanding standards of human rights and good governance as well as mechanisms for international peace and security. International law also responds to a globalised world which catalyses not only universal ethics, but also the global spread of risks to political and economic stability. "Evolutive interpretation" of international agreements affects traditional concepts of sovereignty and democratic legitimacy. It enhances the power of technocratic elites. At the same time, we witness an intensive interplay between the different sectors of international law; new layers of 'hard' and 'soft' normativity as well as intriguing forms of legal pluralism.

scholarly journals ONE OF THE IMPORTANT ROLES OF INTERNATIONAL JUDICIAL ACT IN THE PROCESS OF MAINTAINING INTERNATIONAL PEACE AND SECURITY

2014 ◽  
Vol 8 (4) ◽  
pp. 7-12
Author(s):  
Barbu Denisa
Keyword(s):  
Human Rights ◽  
International Law ◽  
International Peace ◽  
International Protection ◽  
Public International Law ◽  
Fundamental Freedoms ◽  
Peace And Security ◽  
Protection Of Human Rights

Through the functions it performs, the judicial act has an important role in the maintenance of international peace and security, the prevention and repression of crime, as well as of the international protection of human rights and fundamental freedoms. Even the duties of public international law coincide with these goals.

Contemplating the Future of Collective Security in East Asia

2013 ◽  
Vol 1 (1) ◽  
pp. 84-91
Author(s):  
Nanako Shimizu
Keyword(s):  
East Asia ◽  
International Law ◽  
20Th Century ◽  
East Asian ◽  
Security System ◽  
Collective Security ◽  
East Asians ◽  
National Sovereignty ◽  
Academic Literature ◽  
Peace And Security

Abstract It is quite often argued in the legal and political literatures that Asian nations tend to be more protective of their national sovereignty and thus are often reluctant to follow universal rules or principles provided in international legal materials and texts. Does this “conservative” image of Asian nations correctly reflect the national practices and academic literature of East Asian nations? How do we East Asians perceive the UN collective security system invented at the price of two catastrophic world wars in the 20th century? And why do East Asians need international law to keep peace and security in this region? By trying to find answers to these questions, this article contemplates what role international law will be able to play for the maintenance of peace and security in East Asia.

Cities and Countryside: An International Law Perspective

2021 ◽  
Vol 30 (1) ◽  
pp. 155-165
Author(s):  
Francesco Francioni
Keyword(s):  
Rural Communities ◽  
International Law ◽  
Urban Communities ◽  
Rural Areas ◽  
Dominant Role ◽  
Historical Narrative ◽  
Balanced Approach ◽  
The People ◽  
The World ◽  
Economic Interaction

Cities, as spaces of socio-cultural organization and economic interaction among people, have always played a dominant role in the development and implementation of international law. Today, a new strand of legal scholarship focuses on cities and local communities as competitors and partners with the nation State in a new project of modernization and democratization of international law. This paper looks at this new trend against the background of the historical narrative of cities in the development of international law. At the same time, it calls attention to the fact that half of humanity still lives and works in rural areas, in the vast countryside of the world. Rural communities have been the servants of the city since the beginning of time. Today, their dignity and rights are beginning to be recognized by acts of the United Nations such as the 2007 Declaration of the Rights of Indigenous Peoples and the 2018 Declaration on the Rights of Peasants. Yet, these people remain a disadvantaged and vulnerable class. A true modernization and democratization of international law requires that we keep a balanced approach to the legal recognition of the voices and rights of urban communities and those of the people who work and live in the countryside of the world.

Peaceful Purposes for the Benefit of All Mankind

2020 ◽  
pp. 109-122
Author(s):  
P.J. Blount
Keyword(s):  
International Law ◽  
Outer Space ◽  
International Peace ◽  
International Space ◽  
Legal Obligations ◽  
Ethical Content ◽  
Space Law ◽  
Peace And Security ◽  
Outer Space Treaty ◽  
Geopolitical Context

This chapter argues that the Outer Space Treaty contains, in addition to its legal content, ethical content. The chapter then analyzes the text of the treaty to reveal this ethical content and connect it to the twin goals of the peaceful uses of outer space (found in international space law) and the maintenance of international peace and security (found in general international law). The analysis contends that, while the ethical content of the Outer Space Treaty does not create hard legal obligations, it does inform the nature of the legal content of the norms set out by the treaty. Finally, this chapter will also evaluate how the ethics deployed by the treaty have fared in the contemporary geopolitical context.

14. The use of force and collective security

2019 ◽  
pp. 346-374
Author(s):  
Gleider Hernández
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Security Council ◽  
Use Of Force ◽  
Collective Security ◽  
International Peace ◽  
Humanitarian Interventions ◽  
Peace And Security ◽  
United Nations Charter ◽  
Self Defence

This chapter looks at the use of force and collective security. Today, the United Nations Charter embodies the indispensable principles of international law on the use of force. These include the prohibition on the unilateral use of force found in Article 2(4), and the recognition of the inherent right of all States to use force in self-defence found in Article 51. Finally, under Chapter VII, a collective security system centred upon the Security Council was established for the maintenance of international peace and security. A key debate over the scope of Article 2(4) is whether a new exception has been recognized which would allow the use of force motivated by humanitarian considerations. It is argued that these ‘humanitarian interventions’ would allow a State to use force to protect people in another State from gross and systematic human rights violations when the target State is unwilling or unable to act.

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.

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