scholarly journals Iraq, the U.N. and the Law

1969 ◽  
pp. 560
Author(s):  
L. C. Green

This paper discusses the international legal issues arising out of the Iraqi invasion of Kuwait and the United Nations response to the conflict. The author frames his analysis considering just war theory, international law and the United Nations Charter. After looking at the historical relations between Iraq and Kuwait, Professor Green examines the United Nations response to the conflict considering the related U.N. resolutions. Reference is made to the law of armed conflict and international law on the treatment of civilians and diplomats. Finally, the author briefly discusses legal problems faced by some of the states aligned against Iraq.

2020 ◽  
Vol 2 (59) ◽  
pp. 47
Author(s):  
Henrique Jerônimo Bezerra MARCOS ◽  
Gustavo Rabay GUERRA

ABSTRACT Objective: The paper presents a legal analysis of R2P in light of contemporary international law. It questions whether R2P is lawful as a just war (jus bellum justum) doctrine under international law, specifically under the general prohibition for the use of force pursuant to the Charter of the United Nations. The paper first analyzes the just war doctrine in light of international law; thereafter, there is a study of the legal framework for the use of force in the United Nations Charter; and, in a third step, the study of the R2P in legal light as a just war doctrine. Methodology: The research is executed through a deductive approach, its scientific objective is exploratory, and its research technique is a bibliographical and documentary survey. The methodological limit is in a legal approach of the subject from a normative perspective, focused on the legal validity of the institute under international law. Results: It is concluded from the study that R2P has legal flaws and does not stand against United Nations Charter regulation on the usage of force, notably the norm that states that the use of force in international relations is an exclusive responsibility of the United Nations Security Council. Contributions: The study shows its pertinence as an endeavor into a strictly legal analysis of a complex and highly political subject of humanitarian interventions. Keywords: Responsibility to protect; humanitarian intervention; just war doctrine; United Nations Security Council. RESUMO Objetivo: O artigo apresenta uma análise jurídica da R2P à luz do Direito Internacional contemporâneo; questiona se a R2P é juridicamente válida como uma doutrina de guerra justa (jus bellum justum) sob o Direito Internacional, especificamente à luz da proibição geral de uso da força de acordo com a Carta das Nações Unidas. Para tanto, o artigo analisa a doutrina da guerra justa à luz do Direito Internacional; em seguida, estuda o marco legal para o uso da força na Carta da ONU; e, em terceiro lugar, estuda a R2P como uma doutrina de guerra justa. Metodologia:A pesquisa é executada através de abordagem dedutiva, seu objetivo científico é exploratório e sua técnica de pesquisa é bibliográfica e documental. O limite metodologia é uma abordagem legal do seu objeto em uma perspectiva normativa com foco na validade legal do instituto à luz do Direito Internacional.Resultados: Conclui-se do estudo que a R2P tem falhas jurídicas e não se coaduna com a normativa da Carta das Nações Unidas sobre o uso da força, notadamente a norma que estabelece que o uso da força nas relações internacionais é uma responsabilidade quase exclusiva do Conselho de Segurança das Nações Unidas. Contribuições: O estudo mostra sua pertinência por se tratar de análise estritamente legal de um assunto complexo e altamente político que são as intervenções humanitárias. Palavras-chave: Responsabilidade de proteger; intervenção humanitária; doutrina da guerra justa; Conselho de Segurança das Nações Unidas.


Author(s):  
Evan J. Criddle

This chapter explores how fiduciary principles have shaped international law from colonial times to the present. Fiduciary principles are evident not only in the text of the League of Nations Covenant and the United Nations Charter, but also in various subfields of international law, including the law governing U.N. missions, military occupation, the legal status and duties of states, and the role and responsibilities of diplomatic officers. In each of these contexts, the international community has affirmed that certain offices and institutions attract fiduciary duties under international law. Nonetheless, the international community has struggled to develop credible mechanisms for enforcing these fiduciary duties.


2004 ◽  
Vol 98 (1) ◽  
pp. 35-41
Author(s):  
Lori Fisler Damrosch

Among “jurisconsults of recognized competence in international law” and “most highly qualified publicists of the various nations,” no one in the second half of the twentieth century did more than Oscar Schachter to influence both the theory and the practice of international law, especially the law of the United Nations Charter. When the centennial of the American Society of International Law arrives in two years, we will have occasion to reflect on his contributions to this Journal and many other endeavors of the Society, across a long and vigorous life.


2013 ◽  
Vol 25 (1) ◽  
pp. 263-264
Author(s):  
Peter Slinn

Dr Francis Grimal, Routledge 2012, ISBN-13: 978-0415609852, Price £70.40 hbDr Grimal’s monograph on the law of armed conflict relating to threats of force, is a significant contribution to the literature. It ventures along one of the most perilous corridors of uncertainty in modern international law, and attempts with commendable courage to set the legal issues in the context of modern international relations. As Professor Breau writes in her Foreword, the existing literature concentrates overwhelmingly on the actual use of force, and there is little academic analysis of the meaning and significance of the threat of force in terms of the reference in article 2(4) of the United Nations Charter, to the duty of all members to ‘refrain in their international relations from the threat or use of force against the territorial integrity or political independence of any state’.


1958 ◽  
Vol 52 (3) ◽  
pp. 495-498 ◽  
Author(s):  
John N. Hazard

The state traders of Eastern Europe are arguing that the principle of equality of states enshrined in the United Nations Charter must be extended to international commercial intercourse to prevent discrimination. This was the theme of the opening session of a recent conference of scholars gathered in Rome to consider the impact of state trading upon the law governing commercial relations of states.


Emerging technologies have always played an important role in armed conflict. From the crossbow to cyber capabilities, technology that could be weaponized to create an advantage over an adversary has inevitably found its way into military arsenals for use in armed conflict. The weaponization of emerging technologies, however, raises challenging legal issues with respect to the law of armed conflict. As States continue to develop and exploit new technologies, how will the law of armed conflict address the use of these technologies on the battlefield? Is existing law sufficient to regulate new technologies, such as cyber capabilities, autonomous weapons systems, and artificial intelligence? Have emerging technologies fundamentally altered the way we should understand concepts such as law-of-war precautions and the principle of distinction? How can we ensure compliance and accountability in light of technological advancement? This book explores these critical questions while highlighting the legal challenges—and opportunities—presented by the use of emerging technologies on the battlefield.


2021 ◽  
pp. 58-62
Author(s):  
Veronika Shcherbyna ◽  
Ivanna Maryniv

Problem setting. Nowadays the problem of the provisional application of treaties can be described as actual. It is no accident that it has been the subject of the attention of the United Nations International Law Commission with the task of elaborating the most important problems of international law. Furthermore, the above-mentioned subsidiary body of the United Nations General Assembly recognized the need to analyze the provisional application of treaties, the need for the progressive development and codification of international law in respect of the topic dealt with in this article. Аnalysis of research and publications. Aspects of the problem of provisional application of treaties are reflected primarily in the works of in the works of I.I. Lukashuk, O.V. Kyivets, O.V. Pushniak, I.I. Maryniv, T. Leber. Target of research is to describe the legal institution of the provisional introduction of international treaties and to find reasons for its use. Article’s main body. The article is devoted to the question of the temporary use of an international treaty as a fundamental institution of international law. The study discusses the need for provisional application of treaties. Attention was paid to the works of legal academics, who had considered this issue, their works and summaries were reviewed regarding the question under consideration. The author analyzed the formulations of the article 25 of the 1969 Vienna Convention on the Law of Treaties. Legal aspects and shortcomings were considered. First of all, it was noted that there is no definition of the temporary application of international treaties in the 1969 Vienna Convention on the Law of Treaties and article 25 of the Convention had been criticized for being difficult to understand and lacking legal precision. In the article, the author noted that in general, the provisional use takes place before the entry into force of the treaty, when countries have not yet completed the necessary internal state procedures for its entry into force and have not internationally expressed consent to be bound. The author also stressed that the application of the treaty before it enters into force or will enter in the moment when it is implemented, the parties will address to their commitments and thus the object of the treaty would disappear. The author highlighted another legal aspect of the international legal institution under consideration is that, in order to implement the institution of provisional application of treaties, A special law and regulations may be enacted in domestic law (constitutional and legislative). What is more, the author mentioned that it is appropriate to devote attention to the work of the father of the national science on the law of international treaties I.I. Lukashuk. Conclusions. The author concluded that the institution of the provisional use of treaties is one of the key institutions in the law of treaties enabling the parties to urgently address cooperation issues. Another conclusion of the author of this article is that countries resort to this legal instrument under consideration for several reasons: urgent resolution of issues to which the relevant treaties apply; the desire of countries to adopt and immediately implement confidence-building measures; preventing time gaps in the operation of a number of international treaties, which have been successively adopted and replace each other on the same subject.


Author(s):  
Valentin J. Schatz ◽  
Arron N. Honniball

International fisheries law is a broad field of international law within which significant state practice, instruments, and relevant fora are found at the global, regional, subregional, bilateral, and national level. For the purposes of this bibliography, the analysis of international fisheries law is limited to the law governing marine capture fisheries (other fisheries law definitions may include the regulation of aquaculture or inland fisheries). This bibliography also primarily approaches fisheries law as a matter of fisheries conservation and management under the international law of the sea. The two main treaties of global application which reflect its foundational framework are the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the United Nations Agreement for the Implementation of the Provisions of the United Nations Convention on the Law of the Sea of 10 December 1982 relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Fish Stocks (UNFSA). As a starting point, one should consult the maritime zones established under UNCLOS and customary law, whereby the distribution of rights and obligations among the various capacities of states differs per maritime zone. As fish do not respect legal boundaries, special rules of international law that emphasize cooperation and management between states must be adopted and adapted for shared fish stocks such as transboundary fish stocks, straddling fish stocks, and highly migratory fish stocks. In addition, various treaties of global application dealing with specific issues exist, such as the 1993 Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas (Compliance Agreement) and, most recently, the 2009 Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA). This global treaty framework is complemented by various global non–legally binding instruments, most of which were adopted under the Food and Agriculture Organization of the United Nations (FAO). On the regional level, countless multilateral and bilateral fisheries treaties have been concluded, and the field remains highly dynamic. Notably, many fisheries are nowadays managed by Regional Fisheries Management Organizations and Arrangements (RFMO/As) or bilateral fisheries commissions. As a thematically defined field of law, international fisheries law is not restricted to the rules governing conservation and management of marine fisheries, but may equally raise, among other issues, questions of general international law of the sea such as jurisdiction and maritime law enforcement operations, international environmental law, international trade law, international human rights law, and international dispute settlement.


Sign in / Sign up

Export Citation Format

Share Document