Islam and the Modern Law of Nations

1956 ◽  
Vol 50 (2) ◽  
pp. 358-372 ◽  
Author(s):  
Majid Khadduri

Muslim states have shown in recent years eagerness to participate in international organizations and co-operate with other Powers to promote international peace and security. This is a significant phenomenon in the behavior of states whose traditional law of nations is so radically different from the modern law of nations and the principles implied in the United Nations Charter.

1991 ◽  
Vol 25 (1) ◽  
pp. 1-42 ◽  
Author(s):  
Timothy L. H. McCormack

Article 51 of the United Nations Charter states that:Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a member of the United Nations, until the Security Council has taken the measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of selfdefense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.International lawyers are still arguing about the scope of the right of self-defence in Article 51 of the U.N. Charter. Most of the arguments focus on the semantics of Article 51. Those who argue for a “restrictive view” of the provision emphasise the qualifying phrase “if an armed attack occurs”.


2019 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Fenny Wulandari ◽  
Abdul Azis

International organizations are formed by an agreement in which three or more countries are parties, or also called intergovernmental organizations because their members are state. The state as a party to the international organization must accept the obligations arising from the agreement. Countries incorporated in an international organization usually have the same interests and goals. Even in some difficulties and to help progress the member countries of the international organization did not hesitate to provide assistance. International organizations such as the United Nations have the aim of maintaining international peace and security. The establishment of the United Nations (UN) was set against the concerns of mankind for international peace and security based on the experience of the First World War and the Second World War. Indonesia's commitment to participate in carrying out world order based on independence, lasting peace and social justice is the mandate of paragraph IV of the Opening of the 1945 Constitution of the Republic of Indonesia. This commitment is always realized through Indonesia's active participation and contribution in the UN Mission of Maintenance and Peace. In the international context, participation is an important and concrete indicator of the role of a country in contributing to maintaining international peace and security.


1968 ◽  
Vol 22 (3) ◽  
pp. 649-669 ◽  
Author(s):  
J. Leo Cefkin

On December 16, 1966, the Security Council held its 1340th meeting and adopted its 232nd resolution. It was a historic resolution. For the first time the Security Council voted to impose sanctions under Chapter VII of the United Nations Charter aimed at ending the rebellion against the United Kingdom by the Ian Smith regime in Rhodesia. Acting in accordance with Article 39, the Council determined that the situation in Rhodesia constituted “a threat to international peace and security,” and, under Article 41, it decided that all Member States of the United Nations must apply sanctions to bar the importation of a number of basic Rhodesian exports.


2017 ◽  
Vol 13 (1) ◽  
Author(s):  
Kevin P Clements

The challenge of peace is complex and intractable. Much depends on the meaning of the concept and the definition of the term. And in that respect much depends on whether a diplomatic-legal or a sociopolitical approach is adopted. The diplomatic-legal approach is enshrined in the United Nations Charter of 1945. The primary goal of the United Nations is to protect future generations from the scourge of war. The charter bestows on the Security Council the primary responsibility for maintaining, or restoring, international peace and security. 


1967 ◽  
Vol 21 (2) ◽  
pp. 306-325 ◽  
Author(s):  
James Joseph Combs

“To maintain international peace and security …” is the first purpose listed in Article I of the United Nations Charter, and it is generally conceded to be the Organization's most important one. Although the United Nations Charter provides procedures for both peaceful settlement and peacekeeping, the peacekeeping role has been more active and more contentious. Indeed, without an authoritative organ for interpreting the Charter each Member has been left to determine for itself the meaning of such fluid phrases as “enforcement action,” “national sovereignty,” and “primary responsibility,” to mention only a few. The result has been a divergence of views which surprises all but that consummate logician—the reasonable man.


ICL Journal ◽  
2017 ◽  
Vol 11 (2) ◽  
Author(s):  
Otto Spijkers

AbstractA constitution defines the values of a particular community, and establishes institutions to realize these values. In defence of the argument that the United Nations Charter is the world’s constitution, I will try to show that it contains the shared values and norms of the international community, and that the UN’s organs are tasked with the promotion and protection of the shared values and norms as defined in the UN Charter. The focus is on the values of human dignity and peace and security.


Author(s):  
Михаил Елизаров

Born out of the ashes of the Second World War, the United Nations has made a major contribution to maintain international peace and security. Based on common goals, shared burdens and expenses, responsibility and accountability, the UN helped to reduce the risk of a repetition of a Word War, to reduce hunger and poverty, and promote human rights. But today, the legitimacy and credibility of the UN have been seriously undermined by the desire of some countries to act alone, abandoning multilateralism. So, do we need the UN today?


Author(s):  
Esam Elden Mohammed Ibrahim

The International Court of Justice had the opportunity to establish the principles of international humanitarian law and restrict the use or threat of nuclear weapons, on the occasion of its fatwa, on the legality of the threat or use of nuclear weapons at the request of the United Nations General Assembly, after realizing that the continued development of nuclear weapons exposes humanity to great risks, and its request It states, "Is the threat or use of nuclear weapons in any circumstance permissible under the rules of international law" (Atalm, 1996), (Shahab, 2000), Therefore, the comment seeks to answer the question: What is the legality of possession, production and development of nuclear weapons? What is the extent of the legality of the threat to use it in light of the advisory opinion of the International Court of Justice in this regard? Was the decision of the International Court of Justice in favor of documenting the principles of international humanitarian law and international human rights law? Or was it biased in its decision to the interests of a particular class itself? The researcher used in that descriptive, descriptive and critical analytical method, and the results that lead to criticism of the work of the International Court of Justice in this regard were reached on the premise that they tended towards tipping the political nature of the issue presented to it under the pressures and directions of the major nuclear states and this strengthens my criticism to the United Nations that I see It only works for the benefit of the major powers under the auspices of the Security Council by veto (right to veto) at a time when the Security Council itself is responsible for maintaining international peace and security, just as it can be said that the United Nations does not work for the benefit of mankind but works for the five major countries Even with regard to nuclear weapons Regardless of whether or not there was a threat to international peace and security. From this standpoint, the researcher reached several recommendations, the most important of which is the necessity of the independence of the International Court of Justice in its work from the political considerations of member states, especially the major countries, as a step to establish and support international peace and security in a practical way in practice. The United Nations should also reconsider what is known as a veto, which is and it is rightly one of the most important and most important measures that truly threaten international peace and security.


2019 ◽  
pp. 346-374
Author(s):  
Gleider Hernández

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.


Author(s):  
Jussi M. Hanhimäki

The International Peace Conference in 1899 established the Permanent Court of Arbitration as the first medium for international disputes, but it was the League of Nations, established in 1919 after World War I, which formed the framework of the system of international organizations seen today. The United Nations was created to manage the world's transformation in the aftermath of World War II. ‘The best hope of mankind? A brief history of the UN’ shows how the UN has grown from the 51 nations that signed the UN Charter in 1945 to 193 nations in 2015. The UN's first seven decades have seen many challenges with a mixture of success and failure.


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