Defining Aggression: Where it Stands and Where it 's Going

1972 ◽  
Vol 66 (3) ◽  
pp. 491-508 ◽  
Author(s):  
Benjamin B. Ferencz
Keyword(s):  
United Nations ◽  
Conflict Management ◽  
Rule Of Law ◽  
Special Committee ◽  
Rational System ◽  
The Rule Of Law ◽  
The World ◽  
Peace And Security ◽  
To Come

It is seemingly easier to evoke aggression than to dispel it, and easier to commit aggression than to define it. What has been universally condemned as “the gravest of all crimes against peace and security throughout the world ” has yet to be consensually particularized. On the eve of its hundredth meeting, the U.N. Special Committee on the Question of Defining Aggression, the fourth United Nations body to deal with the topic since 1952, adjourned without having carried out its instructions. It did conclude by irresolute acclamation that progress had been made and that it should continue its work in 1973. Despite the semblance of unanimity, both points were not free from doubt. Defining aggression has perplexed legal scholars for nearly half a century. Those who are dedicated to the rule of law and to a rational system of conflict management may wish to consider some of the current disputations aS well as the expectations and requirements of the days or years to come.

Part IV Activities of Organizations, Ch.9 Peace Operations

2016 ◽  
Author(s):  
Dayal Anjali ◽  
Howard Lise Morjé
Keyword(s):  
United Nations ◽  
Conflict Management ◽  
International Conflict ◽  
Military Intervention ◽  
Use Of Force ◽  
Peace Operations ◽  
The World ◽  
Peace And Security ◽  
Global Peace ◽  
World Organization

This chapter discusses the origins of peace operations; their evolution alongside the growing international conflict management structures of the United Nations (UN) and other international organizations; and their core functions, composition, and efficacy. Although peace operations have roots in earlier forms of military intervention, their emergence as a dominant tool for conflict management is a distinct innovation of the same internationalist project that forged the UN. Their evolution lays bare the fundamental tensions between state interests and the liberal internationalist project of a ‘world organization for the enforcement of peace’, and their execution has defined the way wars are fought today. The chapter focuses on UN peace operations throughout because they are the modal type of mission in the world. It also discusses the use of force within peace operations, an issue of growing importance that highlights fundamental tensions in the authorization and execution of internationally-led efforts to maintain global peace and security.

The Mythology of International Rule-of-Law Promotion

2019 ◽  
Vol 44 (04) ◽  
pp. 957-986 ◽  
Author(s):  
Shane Chalmers
Keyword(s):  
United Nations ◽  
Rule Of Law ◽  
Legal Pluralism ◽  
World Development Report ◽  
Law And Development ◽  
The Rule Of Law ◽  
The World ◽  
Local Law ◽  
World Development ◽  
International Rule

In 1992 Peter Fitzpatrick published The Mythology of Modern Law, a work that exposed the constitutive relation between Europe’s racialized imperialism and its conception of modern law. In the three decades since, a renewed field of “law and development” has grown, this time in the name of “the rule of law.” This Article shows how the mythology of modern law endures in this field of rule-of-law development. To do this, Part I draws out the main threads from Mythology. These are then woven through the Article, beginning with the World Justice Project’s Rule of Law Index®, before turning to the United Nations’ rule-of-law assistance, and ending with the World Bank’s 2017 World Development Report. The analysis shows how the mythology of modern law, in its racialized imperial form, is integral to the work of international rule-of-law promotion. One consequence is the denial of “local” law by a rule of law that obtains its authority by purporting to be responsive to legal pluralism. But the Article also points to the mythological possibilities of decolonization, specifically the possibilities of a “mythological legal pluralism” that is attentive to the ways in which the world’s plurality of laws already rule.

Russia and EU Countries: Partnership for Modernization

2013 ◽  
pp. 54-61
Author(s):  
T. Romanova ◽  
E. Pavlova
Keyword(s):  
Rule Of Law ◽  
New Classification ◽  
Member States ◽  
The Rule Of Law ◽  
Normative Power ◽  
Eu Member States ◽  
The World ◽  
The Difference ◽  
The Eu

The article examines how the normative power, which the EU puts forward as an ideological basis of its actions in the world, manifests itself in the national partnerships for modernization between Russia and EU member states. The authors demonstrate the influence of the EU’s normativity on its approach to modernization as well as the difference in the positions of its member countries. It is concluded that there is no unity in the EU’s approach to democracy, human rights and the rule of law, and the new classification of EU member states, which is based on their readiness to act in accordance with the Union’s concept of normative power, is offered.

The Involvement of UN in Palestine and the Possibility of a Global Protection Force

2021 ◽  
pp. 105-112
Author(s):  
Kainat Kamal
Keyword(s):  
Human Rights ◽  
International Law ◽  
Rule Of Law ◽  
The Rule Of Law ◽  
Peacekeeping Operations ◽  
Security Environment ◽  
Sustainable Peace ◽  
Un Peacekeeping ◽  
Peace And Security ◽  
Peacekeeping Missions

The United Nations (UN) peacekeeping missions are mandated to help nations torn by conflict and create conditions for sustainable peace. These peacekeeping operations hold legitimacy under international law and the ability to deploy troops to advance multidimensional domains. Peacekeeping operations are called upon to maintain peace and security, promote human rights, assist in restoring the rule of law, and help conflict-prone areas create conditions for sustainable peace ("What is Peacekeeping", n.d.). These missions are formed and mandated according to individual cases. The evolution of the global security environment and developing situations in conflictridden areas requires these missions to transform from 'traditional' to 'robust' to 'hybrid', accordingly (e.g., Ishaque, 2021). So why is it that no such model can be seen in restoring peace and protection of Palestinian civilians in one of the most protracted and deadly conflicts in history?

Stakeholder Theory and Justice Issues: The Leap from Business Management to Contemporary International Law

2010 ◽  
Vol 10 (2) ◽  
pp. 143-180
Author(s):  
Bronik Matwijkiw ◽  
Anja Matwijkiw
Keyword(s):  
United Nations ◽  
International Law ◽  
Stakeholder Theory ◽  
Rule Of Law ◽  
Transitional Justice ◽  
Business Management ◽  
Secretary General ◽  
The Rule Of Law ◽  
Post Conflict ◽  
The United Nations

AbstractIn this article, the two authors examine the leap from business management to contemporary international law in the context of stakeholder theory. Because stakeholder theory was developed for business management, they provide a thorough account of the original framework. Furthermore, to illustrate the theory's application as a recently adopted parameter for the United Nations, they use former Secretary-General Kofi Atta Annan's 2004-report to the Security Council, "The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies". Proceeding on the hypothesis that while all premises ultimately match traditional positions in general jurisprudence, it appears that stakeholder theory nevertheless forces the United Nations to take sides in an unprecedented manner, especially pertaining to rights-typology and the credentials-checking for this. Finally, some of the most important implications are distilled as part of an attempt to formulate a few recommendations for United Nations justice managers and administrators.

The Rule of Law: The New Leviathan?

1999 ◽  
Vol 12 (1) ◽  
pp. 151-168 ◽  
Author(s):  
Olufemi Taiwo
Keyword(s):  
Rule Of Law ◽  
Philosophical Tradition ◽  
Global Level ◽  
The Rule Of Law ◽  
The World ◽  
Social Ordering ◽  
Soviet Communism ◽  
Just Society ◽  
Different Parts ◽  
The Ideal

These are the best of times for the Rule of Law. In all parts of the world, states, governments, and individuals, have found in the rule of law, at various times, a rallying cry, a principle of social ordering that promises the dawn of a just society that its supporters in Euro-American democracies claim to be its crowning glory, or a set of practices that is a sine qua non of a good society. The pursuit of the ideal is nothing new: after all, even those states where it was observed more often in its breach always paid lip service to it. And the defunct socialist countries of Eastern Europe, while they existed, could not escape its lure even as they sought to give it a different nomenclature—socialist legality. The movement towards the rule of law has accelerated after the collapse of Soviet communism and its foster progeny in different parts of the world. Given the present momentum towards the rule of law and the widespread enthusiasm with which it is being embraced and pursued at the global level, some would consider it somewhat churlish for anyone to inject any note of doubt or caution. This is more so when such a note emanates from Marxist quarters. But that is precisely what I wish to do in this essay. Although I do not intend to rain on the rule of law’s entire parade, I surely propose to rain on a segment of it: the Marxist float. I propose to look at the issue within the context of the Marxist politico-philosophical tradition.

Anti-Corruption Legislation In Turkish Law

2007 ◽  
Vol 8 (9) ◽  
pp. 903-914 ◽  
Author(s):  
Güne Okuyucu-Ergün
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Union Member ◽  
Political Stability ◽  
Foreign Investors ◽  
The Rule Of Law ◽  
The World ◽  
Almost All

Corruption poses an increasingly serious threat against Turkey as well as the rest of the world in many respects. The fight against corruption is crucial, in particular, to achieve an economic and political stability, to attract foreign investors and to establish the rule of law. In addition to those interests, which are common for almost all countries, anti-corruption has a particular importance for Turkey in the achievement of its goal of becoming a European Union member, since anti-corruption is expected to feature prominently in Turkey's talks on European Union accession.

scholarly journals Obama's National Security Exceptionalism

2017 ◽  
Author(s):  
Sudha N. Setty
Keyword(s):  
United States ◽  
National Security ◽  
Rule Of Law ◽  
The United States ◽  
International Norms ◽  
Global Community ◽  
The Rule Of Law ◽  
War Criminals ◽  
The World ◽  
International Obligations

Published: Sudha Setty, Obama's National Security Exceptionalism, 91 CHI.-KENT L. REV. 91 (2016).This Article discusses how continued national security exceptionalism engenders a view of the United States as considering itself to be above international obligations to investigate and prosecute torturers and war criminals, and the view by the global community that the United States is willing to apply one standard for itself, and another for the rest of the world. Exceptionalism not only poses real challenges in terms of law, morality, and building useful relationships with allied nations, but acts as a step backward for the creation of enforceable international norms and standards, and in efforts to restore a balance in the rule of law when it comes to national security matters.

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