The Commonwealth and Domestic Jurisdiction

1961 ◽  
Vol 55 (1) ◽  
pp. 29-44 ◽  
Author(s):  
John M. Howell ◽  
Robert R. Wilson

The United Nations Security Council in a resolution passed on August 9, 1960, reaffirmed that “the United Nations force in the Congo will not be a party to or in any way intervene in or be used to influence the outcome of any internal conflict. …” A Commonwealth state, Ceylon, was a cosponsor of this precedent-making resolution. A few weeks earlier the Government of Malaya had announced a boycott on South African goods in protest against South Africa’s racial policy, another dispute involving a domestic jurisdiction plea. Commonwealth members have been parties to approximately half of the disputes in League of Nations or United Nations history that are fairly classifiable as involving pleas of domestic jurisdiction. These recent actions of Ceylon and Malaya suggest that the newer members of the Commonwealth will be no less active in shaping the domestic jurisdiction concept than the older members have been.


2017 ◽  
Vol 56 (6) ◽  
pp. 1061-1090
Author(s):  
Max du Plessis

The ICC considered two central questions: First, whether South Africa failed to comply with its obligations under the statute by not arresting and surrendering Al-Bashir to the Court while he was in South African territory despite having received a request from the ICC under Articles 87 and 89 of the Statute for his arrest and surrender. Second, whether a formal finding of noncompliance by South Africa in this respect and referral of the matter to the Assembly of States Parties to the Rome Statute or to the United Nations Security Council are warranted.



Itinerario ◽  
2021 ◽  
Vol 45 (1) ◽  
pp. 124-151
Author(s):  
Jennifer L. Foray

AbstractThis article examines a formative episode in the history of both the United Nations Security Council and Indonesian decolonisation. In August of 1947, Council members authorised an ad hoc delegation from the Republic of Indonesia to participate in its discussions concerning the ongoing Dutch–Indonesian conflict. Focusing on the series of developments that led to the Indonesians taking their seats at the table, this article reveals how Security Council procedures and practices could be used to facilitate the decolonisation process. The Council's involvement in the Dutch–Indonesian conflict—and, in particular, the decision to allow the Indonesians to present their case in this international arena—demonstrates that Europeans’ claims of “domestic jurisdiction” over their colonial territories remained subject to negotiation, and that non-European actors could successfully contest these claims in Council chambers.



2020 ◽  
Vol 3 (3) ◽  
pp. 525-547
Author(s):  
Natalia Bandeira Ramos Coelho

Este artigo buscar ampliar a compreensão de um dos principais objetivos da diplomacia brasileira, a candidatura do Brasil ao Conselho de Segurança da ONU (CSNU). O relançamento oficial dessa meta da política externa foi feito pelo Chanceler Celso Amorim, em 1994, durante o governo do Presidente Itamar Franco. Realizou-se uma análise dessa aspiração do Estado brasileiro a partir do estudo comparativo dos discursos proferidos pelos governos dos Presidentes Fernando Henrique Cardoso (1995-2002) e Luiz Inácio Lula da Silva (2003-2010) nas Sessões Anuais de abertura da Assembleia Geral das Nações Unidas (AGNU).  Abstract: This article seeks to broaden understanding of one of the main objectives of Brazilian Foreign Policy: the latter’s campaign for a permanent seat in the United Nations Security Council (UNSC). The current aspiration to rise to a a long-lasting member status in the UN’s most exclusive body was launched in 1994 by the government of former President Itamar Franco, during the tenure of Foreign Affairs Minister Celso Amorim. This study makes a comparative analysis of the speeches made by the administrations of Presidents Fernando Henrique Cardoso (1995-2002) and Luiz Inácio Lula da Silva (2003-2010), delivered at the annual sessions of the UN General Assembly.



2015 ◽  
Vol 54 (5) ◽  
pp. 945-954
Author(s):  
Laura Nyantung Beny

In December 2013, civil conflict erupted between the Government of the Republic of South Sudan and opposition forces due to political infighting among the country’s political and military elites. On March 3, 2015, the United Nations Security Council (UNSC) adopted Resolution 2206 pursuant to its powers under Article 41 of Chapter VII of the Charter of the United Nations. Resolution 2206 provides for targeted sanctions against specific individuals and entities deemed “responsible for or complicit in, or [as] having engaged in, directly or indirectly, actions or policies that threaten the peace, security or stability of South Sudan.” The stated purpose of the targeted sanctions, which consist of a travel ban and asset freeze for designated individuals and entities, is to “support the search for an inclusive and sustainable peace in South Sudan.”



1959 ◽  
Vol 21 (2) ◽  
pp. 417-455 ◽  
Author(s):  
F. Triska ◽  
Howard E. Koch

WithinTheLast decade, the United Nations has undergone three modifications which, taken separately, are quite significant; together, they represent a true metagenesis of the Organization.The first modification paralleled a development which had occurred in the League of Nations: both organizations were designed to be led, if not controlled, by the powerful members permanently seated in the League's Council and the United Nations' Security Council. In both organizations, however, the less powerful member states, in spite of the constitutional provisions, have persisted in endeavoring to assert themselves and have sought in numbers a balance to, and — whenever feasible — a substitute for, the authority lodged with the few strongest nations. The ultimate acquisition of prestige by the Assembly of the League of Nations was their success.





Author(s):  
Bakare Najimdeen

Few years following its creation, the United Nations (UN) with the blessing of the United Nations Security Council (UNSC) decided to establish the UN Peacekeeping Operations (UNPKO), as a multilateral mechanism geared at fulfilling the Chapter VII of the UN Charter which empowered the Security Council to enforce measurement to maintain or restore international peace and security. Since its creation, the multilateral mechanism has recorded several successes and failures to its credit. While it is essentially not like traditional diplomacy, peacekeeping operations have evolved over the years and have emerged as a new form of diplomacy. Besides, theoretically underscoring the differences between diplomacy and foreign policy, which often appear as conflated, the paper demonstrates how diplomacy is an expression of foreign policy. Meanwhile, putting in context the change and transformation in global politics, particularly global conflict, the paper argues that traditional diplomacy has ceased to be the preoccupation and exclusive business of the foreign ministry and career diplomats, it now involves foot soldiers who are not necessarily diplomats but act as diplomats in terms of peacekeeping, negotiating between warring parties, carrying their countries’ emblems and representing the latter in resolving global conflict, and increasingly becoming the representation of their countries’ foreign policy objective, hence peacekeeping military diplomacy. The paper uses decades of Pakistan’s peacekeeping missions as a reference point to establish how a nation’s peacekeeping efforts represent and qualifies as military diplomacy. It also presented the lessons and good practices Pakistan can sell to the rest of the world vis-à-vis peacekeeping and lastly how well Pakistan can consolidate its peacekeeping diplomacy.





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