scholarly journals Peacekeeping Forces, Jurisdiction and Immunity: A Tribute to George Barton

2012 ◽  
Vol 43 (1) ◽  
pp. 77 ◽  
Author(s):  
Roger S Clark
Keyword(s):  
New York ◽  
United Nations ◽  
International Law ◽  
Security Council ◽  
Armed Forces ◽  
State Practice ◽  
Peacekeeping Forces ◽  
The Subject ◽  
The United Nations ◽  
Phd Thesis

George Barton wrote his PhD thesis at Cambridge on "Jurisdiction over Visiting Forces". He published three spinoffs from the thesis in the British Yearbook of International Law.  In all of these – each a tour de force in examining elusive and arcane State practice – he was at great pains to deny various supposed customary rules recognising immunity of foreign armed forces in the courts of a State in which they were visiting by consent. He worked in the United Nations Secretariat in New York just as the practice of United Nations peacekeeping began to develop. In this tribute, I try to imagine that he returned to the subject some 60 years later. Affecting, as best I can, the style of Dr Barton circa 1950, I offer some guesses as to how he might assess six decades of developments in law and practice in the multilateral context in which the United Nations, and especially the Secretariat and the Security Council, have been major actors.

Secretariat

1953 ◽  
Vol 7 (1) ◽  
pp. 128-130
Keyword(s):  
New York ◽  
United Nations ◽  
Security Council ◽  
Secretary General ◽  
General Assembly ◽  
Additional Item ◽  
The Subject ◽  
The United Nations ◽  
Foreign Ministers

In a letter dated November 10, 1952, the Secretary-General (Lie) requested that the President of the General Assembly (Pearson) include on the agenda the item “Appointment of the Secretary-General of the United Nations”. Mr. Lie stated that it had been his intention to submit his resignation as Secretary-General and he had delayed until the foreign ministers of the five permanent members of the Security Council were present in New York. The General Committee on November 12 recommended the inclusion of this additional item upon the agenda. The subject was not discussed prior to the adjournment of the first part of the seventh session.

Part 2 The United Nations: What it is, 12 The United Nations and International Law

2017 ◽  
Author(s):  
Higgins Dame Rosalyn, DBE, QC ◽  
Webb Philippa ◽  
Akande Dapo ◽  
Sivakumaran Sandesh ◽  
Sloan James
Keyword(s):  
United Nations ◽  
International Law ◽  
Security Council ◽  
The Political ◽  
Member States ◽  
Customary International Law ◽  
State Practice ◽  
The United Nations

The United Nations (UN) is a subject of international law. It develops international law and is, to a certain extent, subject to international law obligations. The UN Charter is interpreted in the light of international law. Under Article 103 of the Charter, the UN can, through the Security Council, create obligations for member states that prevail over international law obligations. The political bodies of the UN are a relevant forum in which to find various sources of law, including treaties and customary international law. The UN is a forum for state practice by its members, and UN organs contribute to the development and clarification of law. This chapter discusses the development of international law by the UN; the interpretation of international law by the UN; the application of general international law to the UN; and the effect of the UN Charter on international law (Article 103).

scholarly journals International law and humanitarian intervention

2007 ◽  
Vol 59 (1) ◽  
pp. 5-48
Author(s):  
Sava Savic
Keyword(s):  
Moral Responsibility ◽  
International Relations ◽  
United Nations ◽  
International Law ◽  
Security Council ◽  
Humanitarian Intervention ◽  
International Community ◽  
United Nations Security Council ◽  
The Subject ◽  
The United Nations

Taking an action by the international community, individual states or their organizations with the aim of protecting citizens in some country from the tyranny of their own authorities has been defined as a humanitarian intervention. According to international law the use of power as an instrument in international relations is, however, prohibited and therefore, any approach to humanitarian intervention is stretched out between the challenges of moral responsibility and limitations of legislature. The subject of discussion in this article is the legislative aspect of humanitarian intervention by force. The research is focused on law and legitimating of humanitarian intervention by force without the United Nations Security Council approval. .

AS BAD AS IT GETS: THE EUROPEAN COURT OF HUMAN RIGHTS'S BEHRAMI AND SARAMATI DECISION AND GENERAL INTERNATIONAL LAW

2009 ◽  
Vol 58 (2) ◽  
pp. 267-296 ◽  
Author(s):  
Marko Milanović ◽  
Tatjana Papić
Keyword(s):  
United Nations ◽  
International Law ◽  
Security Council ◽  
Armed Forces ◽  
European Court ◽  
House Of Lords ◽  
Un Security Council ◽  
The United Nations

AbstractThis article examines the European Court of Human Rights's encounter with general international law in its Behrami and Saramati admissibility decision, where it held that the actions of the armed forces of States acting pursuant to UN Security Council authorizations are attributable not to the States themselves, but to the United Nations. The article will try to demonstrate that the Court's analysis is entirely at odds with the established rules of responsibility in international law, and is equally dubious as a matter of policy. Indeed, the article will show that the Court's decision can be only be explained by its reluctance to decide on questions of State jurisdiction and norm conflict, the latter issue becoming the clearest when Behrami is compared to the Al-Jedda judgment of the House of Lords.

scholarly journals International Law, COVID-19 and Feminist Engagement with the United Nations Security Council: The End of the Affair?

2020 ◽  
Vol 28 (3) ◽  
pp. 321-328
Author(s):  
Catherine O’Rourke
Keyword(s):  
United Nations ◽  
International Law ◽  
Security Council ◽  
United Nations Security Council ◽  
Care Work ◽  
Gender Based Violence ◽  
Seminal Contribution ◽  
The Everyday ◽  
The United Nations ◽  
Gender Based

AbstractThe gendered implications of COVID-19, in particular in terms of gender-based violence and the gendered division of care work, have secured some prominence, and ignited discussion about prospects for a ‘feminist recovery’. In international law terms, feminist calls for a response to the pandemic have privileged the United Nations Security Council (UNSC), conditioned—I argue—by two decades of the pursuit of the Women, Peace and Security (WPS) agenda through the UNSC. The deficiencies of the UNSC response, as characterised by the Resolution 2532 adopted to address the pandemic, manifest yet again the identified deficiencies of the WPS agenda at the UNSC, namely fragmentation, securitisation, efficacy and legitimacy. What Resolution 2532 does bring, however, is new clarity about the underlying reasons for the repeated and enduring nature of these deficiencies at the UNSC. Specifically, the COVID-19 ‘crisis’ is powerful in exposing the deficiencies of the crisis framework in which the UNSC operates. My reflections draw on insights from Hilary Charlesworth’s seminal contribution ‘International Law: A Discipline of Crisis’ to argue that, instead of conceding the ‘crisis’ framework to the pandemic by prioritising the UNSC, a ‘feminist recovery’ must instead follow Charlesworth’s exhortation to refocus on an international law of the everyday.

Contemporary Practice of the United States Relating to International Law

1993 ◽  
Vol 87 (1) ◽  
pp. 103-111
Author(s):  
Marian Nash
Keyword(s):  
Climate Change ◽  
United States ◽  
New York ◽  
United Nations ◽  
International Law ◽  
The United States ◽  
George Bush ◽  
Environment And Development ◽  
The United Nations ◽  
Contemporary Practice

On September 8, 1992, President George Bush transmitted to the Senate for advice and consent to ratification the United Nations Framework Convention on Climate Change, adopted at New York on May 9, 1992, by the Intergovernmental Negotiating Committee for a Framework Convention on Climate Change and signed on behalf of the United States at the United Nations Conference on Environment and Development (UNCED) in Rio de Janeiro on June 12, 1992.

The United Nations Compensation Commission— Developments Since October 1992

1995 ◽  
Vol 89 (2) ◽  
pp. 416-423 ◽  
Author(s):  
Ronald J. Bettauer
Keyword(s):  
United Nations ◽  
International Law ◽  
Security Council ◽  
Security Council Resolution ◽  
First Year ◽  
Governing Council ◽  
Executive Secretary ◽  
Injury Category ◽  
The United Nations ◽  
Foreign Governments

Paragraph 16 of Security Council Resolution 687 (April 3, 1991) reaffirmed that “Iraq … is liable under international law for any direct loss, damage, … or injury to foreign Governments, nationals and corporations, as a result of Iraq’s unlawful invasion and occupation of Kuwait.” This resolution and Security Council Resolution 692 (May 20, 1991) established the United Nations Compensation Commission (UNCC) to administer a system to provide compensation for claims for which Iraq is liable under paragraph 16. The Commission has a Governing Council, composed of the members of the Security Council; panels of commissioners, appointed from time to time to review particular groups of claims; and a secretariat headed by an Executive Secretary. The Commission’s Governing Council first met in Geneva in July 1991 and in the first year of its existence adopted decisional criteria for six categories of claims: Category “A” — claims of individuals for fixed amounts for departure from Iraq or Kuwait; Category “B” — claims of individuals for fixed amounts for death or serious personal injury; Category “C” —claims of individuals for amounts up to $100,000; Category “D” —claims of individuals for amounts above $100,000; Category “E” —claims of corporations; and Category “F” — claims of governments and international organizations.

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