La Ley Maldita: The Law for the Permanent Defense of Democracy

2019 ◽  
pp. 98-125
Author(s):  
James Lockhart
Keyword(s):  
Cold War ◽  
United Nations ◽  
Coal Mining ◽  
Communist Party ◽  
Soviet Bloc ◽  
The United Nations ◽  
The Law ◽  
The 1950S ◽  
Mining Regions

This chapter explains Chileans' contributions to the origins of the larger Cold War from 1947 into the 1950s. It incorporates the González administration's conflicts with Chilean Communists and the Soviet bloc, from events in Santiago and Chile's coal mining regions to those in Prague, Bogotá, and the United Nations, into the unfolding global conflict, thus reframing the passing of the Law for the Permanent Defense of Democracy, which banned the Chilean Communist Party.

Land of Blue Helmets

2016 ◽  
Keyword(s):  
Cold War ◽  
United Nations ◽  
Arab World ◽  
International Conflicts ◽  
Member States ◽  
Post Cold War ◽  
The Past ◽  
The United Nations ◽  
The Cold War ◽  
Political Mediation

Born in 1945, the United Nations (UN) came to life in the Arab world. It was there that the UN dealt with early diplomatic challenges that helped shape its institutions such as peacekeeping and political mediation. It was also there that the UN found itself trapped in, and sometimes part of, confounding geopolitical tensions in key international conflicts in the Cold War and post-Cold War periods, such as hostilities between Palestine and Iraq and between Libya and Syria. Much has changed over the past seven decades, but what has not changed is the central role played by the UN. This book's claim is that the UN is a constant site of struggle in the Arab world and equally that the Arab world serves as a location for the UN to define itself against the shifting politics of its age. Looking at the UN from the standpoint of the Arab world, this volume includes chapters on the potential and the problems of a UN that is framed by both the promises of its Charter and the contradictions of its member states.

scholarly journals Informal Reform of the United Nations Security Council

2018 ◽  
Vol 40 (1) ◽  
pp. 97-115
Author(s):  
Mariana Pimenta Oliveira Baccarini
Keyword(s):  
Cold War ◽  
United Nations ◽  
Security Council ◽  
United Nations Security Council ◽  
Decision Making Process ◽  
Institutional Perspective ◽  
The United Nations ◽  
Lock In Effect ◽  
The Cold War ◽  
Lock In

Abstract This article analyses attempts to reform the United Nations Security Council from a historical-institutional perspective. It argues that the possibilities for reform have suffered from a ‘lock-in’ effect that has rendered the UN resistant to change. On the other hand, the UN decision-making process has evolved since its establishment, especially since the end of the Cold War, in response to new power aspirations, making it more representative and legitimate. The Security Council has also undergone continuous informal reform that has allowed it to adapt to new times.

The Commission on the Limits of the Continental Shelf and its Disturbing Propensity to Legislate

2011 ◽  
Vol 26 (3) ◽  
pp. 355-383 ◽  
Author(s):  
Andrew Serdy
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Law Of The Sea ◽  
Continental Shelves ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law

AbstractCreated by the United Nations Convention on the Law of the Sea to apply the rules in Article 76 on the outer limits of the continental shelf beyond 200 nautical miles from States’ territorial sea baselines, the Commission on the Limits of the Continental Shelf has on several occasions introduced new requirements for States not supported by Article 76, or impermissibly qualifying the rights Article 76 accords them. This article focuses on several such instances, one to the coastal State’s advantage (though temporally rather than spatially), another neutral (though requiring unnecessary work of States), but the remainder all tending to reduce the area of continental shelves. The net effect has been to deprive States of areas of legal continental shelf to which a reasonable interpretation of Article 76 entitles them, and in one case even of their right to have their submissions examined on their merits, even though, paradoxically, the well-meaning intention behind at least some of the Commission’s pronouncements was to avoid other controversies.

Perspectives on Triggering Communism's Collapse

2007 ◽  
Vol 9 (2) ◽  
pp. 134-143
Author(s):  
Tony Kemp-Welch ◽  
Andrzej Korbonski ◽  
Michael Szporer
Keyword(s):  
Cold War ◽  
Communist Party ◽  
Trade Union ◽  
Round Table ◽  
Soviet Bloc ◽  
Parliamentary Elections ◽  
Book Series ◽  
Communist Government ◽  
A Chain

Marjorie Castle's volume in the Harvard Cold War Studies Book Series, Triggering Communism's Collapse: Perceptions and Power in Poland's Transition, discusses events in the late 1980s that induced the leaders of the Polish Communist party to open negotiations with senior opposition figures, including the head of the still-banned Solidarity trade union. Preliminary talks in 1988 led to agreement on the holding of Round Table talks, which formally began on 6 February 1989 and ended two months later, on 5 April 1989, with arrangements to hold partly free parliamentary elections in early June. Contrary to the expectations of both the regime and the opposition, those elections resulted in an overwhelming victory for Solidarity, starting a chain of events that led to the formation of the first non-Communist government in a Soviet-bloc country since 1948. Three distinguished experts on Poland comment on Castle's analysis of Poland's transition and offer their own assessments of the importance and legacy of the Round Table talks.

The Development of the United Nations Law Concerning Peace-Keeping Operations

1992 ◽  
Vol 5 (2) ◽  
pp. 273-281
Author(s):  
Robert Siekmann
Keyword(s):  
Cold War ◽  
Soviet Union ◽  
United Nations ◽  
Central America ◽  
The Soviet Union ◽  
The World ◽  
New Thinking ◽  
The United Nations ◽  
The Moment ◽  
The Cold War

Especially as a consequence of the termination of the Cold War, the détente in the relations between East en West (Gorbachev's ‘new thinking’ in foreign policy matters) and, finally, the disappearance of the Soviet Union, the number of UN peace-keeping operations substantially increased in recent years. One could even speak of a ‘proliferation’. Until 1988 the number of operations was twelve (seven peace-keeping forces: UNEF ‘I’ and ‘II’, ONUC, UNHCYP, UNSF (West New Guinea), UNDOF AND UNIFIL; and five military observer missions: UNTSO, UNMOGIP, UNOGIL, UNYOM and UNIPOM). Now, three forces and seven observer missions can be added. The forces are MINURSO (West Sahara), UNTAC (Cambodia) and UNPROFOR (Yugoslavia); the observer groups: UNGOMAP (Afghanistan/Pakistan), UNIIMOG (Iran/Iraq), UNAVEM ‘I’ and ‘II’ (Angola), ONUCA (Central America), UNIKOM (Iraq/Kuwait) and ONUSAL (El Salvador). UNTAG (Namibia), which was established in 1978, could not become operational until 1989 as a result of the new political circumstances in the world. So, a total of twenty-three operations have been undertaken, of which almost fifty percent was established in the last five years, whereas the other half was the result of decisions taken by the United Nations in the preceding forty years (UNTSO dates back to 1949). In the meantime, some ‘classic’ operations are being continued (UNTSO, UNMOGIP, UNFICYP, UNDOF, and UNIFIL), whereas some ‘modern’ operations already have been terminated as planned (UNTAG, UNGOMAP, UNIIMOG, UNAVEM ‘I’ and ‘II’, and ONUCA). At the moment (July 1992) eleven operations are in action – the greatest number in the UN history ever.

Revisiting the 1954 Coup in Guatemala: The Soviet Union, the United Nations, and “Hemispheric Solidarity”

2015 ◽  
Vol 17 (2) ◽  
pp. 73-102 ◽  
Author(s):  
Michelle Denise Getchell
Keyword(s):  
Cold War ◽  
Soviet Union ◽  
United Nations ◽  
Latin American ◽  
The United States ◽  
Western Hemisphere ◽  
Soviet Bloc ◽  
The Soviet Union ◽  
Good Neighbor ◽  
The Cold War

This article reevaluates the U.S.-backed coup in 1954 that overthrew Guatemala's democratically elected president, Jacobo Árbenz Guzmán. The coup is generally portrayed as the opening shot of the Cold War in the Western Hemisphere and a watershed moment for U.S.–Latin American relations, when the United States supplanted its Good Neighbor Policy with a hardline anti-Communist approach. Despite the extensive literature on the coup, the Soviet Union's perspectives on the matter have received scant discussion. Using Soviet-bloc and United Nations (UN) archival sources, this article shows that Latin American Communists and Soviet sympathizers were hugely influential in shaping Moscow's perceptions of hemispheric relations. Although regional Communists petitioned the Soviet Union to provide support to Árbenz, officials in Moscow were unwilling to prop up what they considered a “bourgeois-democratic” revolution tottering under the weight of U.S. military pressure. Soviet leaders were, however, keen to use their position on the UN Security Council to challenge the authority of the Organization of American States and undermine U.S. conceptions of “hemispheric solidarity.” The coup, moreover, revealed the force of anti-U.S. nationalism in Latin America during a period in which Soviet foreign policy was in flux and the Cold War was becoming globalized.

Temporary application of international treaties: legal aspects

2021 ◽  
pp. 58-62
Author(s):  
Veronika Shcherbyna ◽  
Ivanna Maryniv
Keyword(s):  
United Nations ◽  
International Law ◽  
Legal Aspects ◽  
Vienna Convention ◽  
Main Body ◽  
Legal Institution ◽  
International Treaties ◽  
Provisional Application ◽  
The United Nations ◽  
The Law

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.

How to Amend UNCLOS and Why It Has Never Been Done

2021 ◽  
Vol 9 (1) ◽  
pp. 72-83
Author(s):  
Chris Whomersley
Keyword(s):  
United Nations ◽  
Law Of The Sea ◽  
International Organisations ◽  
International Labour Organisation ◽  
International Maritime Organisation ◽  
Consensus Procedure ◽  
United Nations Convention ◽  
The United Nations ◽  
The Law ◽  
Labour Organisation

Abstract The United Nations Convention on the Law of the Sea (UNCLOS) contains detailed provisions concerning its amendment, but these have never been used and this article explores why this is so. States have instead maintained the Convention as a “living instrument” by adopting updated rules in other organisations, especially the International Maritime Organisation and the International Labour Organisation. States have also used the consensus procedure at Meetings of the States Parties to modify procedural provisions in UNCLOS, and have adopted two Implementation Agreements relating to UNCLOS. In addition, port State jurisdiction has developed considerably since the adoption of UNCLOS, and of course other international organisations have been active in related fields.

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