UN preventive diplomacy as a toll for preventive conflict situations

Author(s):  
Lyudmyla Perevalova ◽  
Marina Okladna ◽  
Kateryna Samuseva

Problem setting. The specifics of the development of countries in the modern world are the strengthening of integration processes, the destruction of interstate and interregional barriers, coordination and joint efforts in solving global problems, creating a system of collective security, which caused significant changes in the concept of international security, interaction between countries, their cooperation. Such transformations have also affected the peacekeeping activities of the United Nations, which require it to step up its initiative, find new mechanisms and forms of conflict prevention that would correspond to current trends in the development of states and the specifics of conflict. Analysis of recent researches and publications. Mechanisms of preventive diplomacy are considered by many scientists, both domestic and foreign. Among domestic scientists, special attention is paid to this problem by I. Blyshchenko, M. Matsyakh, O. Gogosha, V. Makarov, I. Komirenko, D. Gorovtsov, A. Melkin, and S. Melnik. Regarding foreign scientists, we should pay attention to the works of such researchers as: G. Nicholson, M. Jensa, W. Latifi, J. Opio, W. Zartman, F. Mancini, A. Williams. It is worth paying attention to the publications of the UN Secretaries General: K. Annan, B. Boutros-Ghali. They detail the key functions of the United Nations, which is a key player in preventive diplomacy. Target of research. The purpose of the article is to define the concept of preventive diplomacy, the range of its subjects, the role in ensuring international and national security. Much attention is paid to the analysis of the activities of preventive diplomacy, which should actively cooperate with each other to effectively prevent conflicts. The authors try to summarize the experience of preventive diplomacy in the field of international and national security, and the obstacles that arise in the modern world in the implementation of its means. Article’s main body. The phrase “preventive diplomacy” came into use by the United Nations during the Cold War. In the late 1950s, UN Secretary-General Dаg Hammarskjöld used the phrase not as a method of preventing potential conflicts, but as a means of preventing conflicts. Boutros Boutros-Ghali’s 1992 Agenda for Peace states that diplomatic measures are best used to reduce tensions before they escalate into conflict and, if they do erupt, to contain the conflict quickly and resolving the controversies that caused it. Preventive diplomacy refers to actions aimed at preventing disputes between the parties, escalating existing disputes into conflicts and limiting the spread of the latter in the event of their occurrence. This definition provides an understanding of the objectives of preventive diplomacy, which the UN has associated with a range of actions, such as facilitation, mediation, conciliation, litigation and arbitration. The main areas of preventive diplomacy are: confidence-building measures, fact-finding, early warning, preventive deployment, and the creation of demilitarized zones. Subjective diplomacy actors such as the UN, the UN Secretary-General as its direct representative, regional bodies, national initiatives, humanitarian organizations and development agencies are widely considered. Conclusions and prospects for the development. The article summarizes the definition of the main problems of modern preventive diplomacy, which negatively affect the implementation of basic means of conflict prevention, confirms the effectiveness of preventive diplomacy in comparison with other instruments for maintaining peace and security in the world.

The United Nations Secretary-General and the United Nations Security Council spend significant amounts of time on their relationship with each other. They rely on each other for such important activities as peacekeeping, international mediation, and the formulation and application of normative standards in defense of international peace and security—in other words, the executive aspects of the UN’s work. The edited book The UN Secretary-General and the Security Council: A Dynamic Relationship aims to fill an important lacuna in the scholarship on the UN system. Although there exists an impressive body of literature on the development and significance of the Secretariat and the Security Council as separate organs, an important gap remains in our understanding of the interactions between them. Bringing together some of the most prominent authorities on the subject, this volume is the first book-length treatment of this topic. It studies the UN from an innovative angle, creating new insights on the (autonomous) policy-making of international organizations and adding to our understanding of the dynamics of intra-organizational relationships. Within the book, the contributors examine how each Secretary-General interacted with the Security Council, touching upon such issues as the role of personality, the formal and informal infrastructure of the relationship, the selection and appointment processes, as well as the Secretary-General’s threefold role as a crisis manager, administrative manager, and manager of ideas.


2000 ◽  
Vol 94 (4) ◽  
pp. 759-773 ◽  
Author(s):  
Daryl A. Mundis

Since the establishment of the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, both International Tribunals have grown tremendously in terms of resources. Despite this growth, the International Tribunals have rendered judgments in only fifteen cases and conducted inordinately long trials—a fault for which, perhaps more than any other, they can be justly criticized. The Secretary- General of the United Nations recently appointed an expert group to review the efficiency of the operation of the International Tribunals and make recommendations for improvement. Following the release of the group's report, the General Assembly requested that the Secretary-General obtain comments from the International Tribunals on the experts’ recommendations. The ICTYjudges, for their part, considered these recommendations in a report to the United Nations setting forth a long-term strategy for improving the operation of the Tribunal.


1950 ◽  
Vol 4 (2) ◽  
pp. 356-360

The primary difficulty in the current question of the representation of Member States in die United Nations is that this question of representation has been linked up with the question of recognition by Member Governments.It will be shown here that this linkage is unfortunate from the practical standpoint, and wrong from the standpoint of legal theory.


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.


1972 ◽  
Vol 2 (4) ◽  
pp. 23-26
Author(s):  
Louise W. Holborn

While the world press has focused over the past year on problems surrounding the creation of still another refugee population in Africa — that of Uganda's Asians — far too little attention has been directed to the remarkable though still fragile process of repatriation and resettlement of hundreds of thousands of Southern Sudanese. This population of displaced persons includes both refugees who fled to other countries and large numbers of homeless who hid in the bush during the civil war that wracked the Sudan for seventeen years, from 1955 through the first months of 1972. Responding to the initiatives of President Gaafar al-Nimeiry of the Sudan, the United Nations High Commissioner for Refugees (HCR), under an explicit mandate from the Secretary- General of the United Nations, has been raising funds, organizing activities on behalf of the most pressing needs and working closely with all local interests to meet overwhelming problems.


Author(s):  
Barbara Crossette

With a new Secretary-General, António Guterres, installed in 2017, the United Nations is in a position to hasten changes to its public information system and functions, which were slow to catch up with a fast-moving social media age. As the former head of UNHCR, he understands the importance of good relations with the media, which often have felt shut out by UN officials and member nations reluctant to expand the organization’s information outreach. Media attention had atrophied, at a time when the UN was coming under greater pressure and criticism for its handling of peacekeeping scandals and slow responses to crises, even when these were not the fault of the Secretariat.


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