Main Contents and Comment on the 1968 Rescue Agreement

2021 ◽  
pp. 20-23
Keyword(s):  
United Nations ◽  
Outer Space ◽  
European Space Agency ◽  
Secretary General ◽  
Historical Background ◽  
General Assembly ◽  
Space Communications ◽  
Legal Problems ◽  
Space Agency ◽  
Un General Assembly

This chapter describes the historical background, basic provisions, main contents, and key changes of the 1968 Space Rescue Agreement (Title: Agreement on the Rescue of Astronauts, the Return of Astronauts and the Return of Objects Launched Into Outer Space). The author points out the legal problems and the solution on the 1965 Rescue Agreement. The Rescue Agreement requires that any state party that becomes aware that the personnel of a spacecraft are in distress must notify the launching authority and the Secretary General of the United Nations. The UN General Assembly adopted the text of the Rescue Agreement on 19 December 1967 through Resolution 2345 (XXII). The Agreement opened for signature on 22 April 1968, and it entered into force on 3 December 1968. As of January 2019, 98 states have ratified the Rescue Agreement, 23 have signed, and three international intergovernmental organizations (the European Space Agency, the Intersputnik International Organization of Space Communications, and the European Organisation for the Exploitation of Meteorological Satellites) have declared their acceptance of the rights and obligations conferred by the agreement.

Treaty-Making at the United Nations

2019 ◽  
pp. 50-68
Author(s):  
Stephen Mathias
Keyword(s):  
United Nations ◽  
Ad Hoc ◽  
Secretary General ◽  
General Assembly ◽  
Multistage Process ◽  
Its Analysis ◽  
Un General Assembly ◽  
Multilateral Treaty ◽  
Multilateral Treaties

Beginning in the mid-1970s, the UN General Assembly conducted a review of the multilateral treaty-making process. A 1980 Report of the Secretary-General on this review concluded that there was “extensive diversity” among the various procedures that had been utilized in treaty-making processes, including whether such processes made use of established entities or were ad hoc in nature, the extent to which this involved expert or representative bodies, and the extent of the involvement of the General Assembly. The only generalization that was seen to be possible was that such processes almost always involved a multistage process. This chapter assesses the conclusions of the Secretary-General’s 1980 Report in light of the practice of the intervening years, focusing, in particular, on the role of the Secretariat in the treaty-making process, and adopting for the purposes of its analysis the five stages in the multilateral treaty-making process as identified in the Secretary-General’s 1980 Report: initiation of treaty-making, formulation of multilateral treaties, adoption of multilateral treaties, post-adoption concerns, and supplementing and updating treaties. This chapter also briefly discusses other treaty-making activities of the Secretariat.

Dag Hammarskjöld's Religiosity and Norms Entrepreneurship: A Post-secular Perspective

2016 ◽  
Vol 9 (1) ◽  
pp. 162-186 ◽  
Author(s):  
Filippo Dionigi
Keyword(s):  
United Nations ◽  
Secretary General ◽  
Innovative Approach ◽  
General Assembly ◽  
Administrative Structure ◽  
Political Processes ◽  
Secular Theory ◽  
Private Writing ◽  
Un General Assembly ◽  
The United Nations

AbstractIn 1953, the United Nations (UN) General Assembly elected a low-key and relatively unknown personality as the second Secretary General of the UN. Dag Hammarskjöld, nonetheless, turned out to be one of the most entrepreneurial and innovative Secretary Generals that the UN has ever had. He invented peacekeeping, radically reformed the administrative structure of the UN, and promoted a crucial multi-lateral diplomatic role for the UN Secretariat. Behind this innovative approach to the politics of the UN, there was a personality with a deep and complex religious discernment that emerged occasionally in public speeches, as well as in private writing. This article interprets Hammarskjöld's norms entrepreneurship through the lens of post-secular theory and the concept of Habermasian institutional translation. It shows how — in contrast with merely secularist assumptions — Hammarskjöld's religiosity shaped and advanced international political processes consistently with the principles of the UN Charter.

scholarly journals II. PALESTINIAN STATEHOOD: TRAPPED BETWEEN RHETORIC AND REALPOLITIK

2013 ◽  
Vol 62 (1) ◽  
pp. 225-239 ◽  
Author(s):  
Paul Eden
Keyword(s):  
United Nations ◽  
Executive Committee ◽  
The State ◽  
Secretary General ◽  
General Assembly ◽  
Full Membership ◽  
Declaration Of Independence ◽  
Palestine Liberation Organization ◽  
General Assembly Resolution ◽  
Un General Assembly

On 23 September 2011, Mahmoud Abbas, in his capacity as the Chairman of the Executive Committee of the Palestine Liberation Organization and President of the State of Palestine, applied for full membership of the United Nations (UN) on behalf of the State of Palestine. In his letter of application (addressed to the UN Secretary-General Ban Ki Moon), Mr Abbas made reference to section F of the Plan of Partition in UN General Assembly Resolution 181(II) of 29 November 1947 (where sympathetic consideration of the application for membership of the UN of both the Arab and Jewish States was urged) as well as the Declaration of Independence of the State of Palestine of 15 November 1988 and the acknowledgement by the General Assembly (GA) of this Declaration in Resolution 43/177 of 15 December 1988.1

The Case for a United Nations Parliamentary Assembly as a Means of Promoting Just Security

2018 ◽  
Author(s):  
Luis Cabrera
Keyword(s):  
United Nations ◽  
General Assembly ◽  
Democratic Accountability ◽  
Un General Assembly ◽  
The Creation ◽  
Near Term ◽  
Over Time

This chapter explores the case for a more formalized United Nations parliamentary assembly, including the potential oversight, accountability, and (ultimately) co-decision roles that such a body could play alongside the UN General Assembly. Given difficulties in expecting national parliamentarians to perform such functions continuously, a UN assembly is found to hold greater potential for promoting key UN system aims in the areas of security, justice, and democratic accountability, even as the existing Inter-Parliamentary Union continued to play some important complementary roles. Learning from relevant global and regional parliamentary bodies, the chapter outlines concrete steps toward developing a parliamentary assembly over time, including the creation of a more informal UN network of UN-focused national parliamentarians in the near term.

France Accused: French North Africa before the United Nations, 1952–1962

2001 ◽  
Vol 10 (1) ◽  
pp. 91-121 ◽  
Author(s):  
Martin Thomas
Keyword(s):  
New York ◽  
United Nations ◽  
North Africa ◽  
General Assembly ◽  
Algerian War ◽  
North African ◽  
Un General Assembly ◽  
The United Nations ◽  
Nationalist Parties ◽  
Major General

In the decade after 1952 France faced sustained United Nations criticism of its colonial policies in north Africa. As membership of the UN General Assembly expanded, support for the non-aligned states of the Afro-Asian bloc increased. North African nationalist parties established their permanent offices in New York to press their case for independence. Tracing UN consideration of French North Africa from the first major General Assembly discussion of Tunisia in 1952 to the end of the Algerian war in 1962, this article considers the tactics employed on both sides of the colonial/anti-colonial divide to manipulate the UN Charter's ambiguities over the rights of colonial powers and the jurisdiction of the General Assembly in colonial disputes.

Improving the Operation and Functioning of the International Criminal Tribunals

2000 ◽  
Vol 94 (4) ◽  
pp. 759-773 ◽  
Author(s):  
Daryl A. Mundis
Keyword(s):  
United Nations ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
Secretary General ◽  
General Assembly ◽  
Expert Group ◽  
International Criminal Tribunals ◽  
International Tribunals ◽  
The United Nations

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.

scholarly journals Proposals for the Negotiation Process on the United Nations Global Compact for Migration

2017 ◽  
Vol 5 (3) ◽  
pp. 682-693 ◽  
Author(s):  
Víctor Genina
Keyword(s):  
New York ◽  
United Nations ◽  
International Migration ◽  
Negotiation Process ◽  
General Assembly ◽  
Global Compact ◽  
Member States ◽  
Un General Assembly ◽  
The United Nations ◽  
High Level

On September 19th, 2016, the United Nations (UN) General Assembly adopted Resolution 71/1, the text of the New York Declaration for Refugees and Migrants (the “New York Declaration”). Resolution 71/1 is the outcome document of the high-level plenary meeting on addressing large movements of refugees and migrants, held at the UN headquarters. The New York Declaration reflects how UN member states have decided to address the challenge of large movements of people in two main legal categories: asylum seekers/refugees and migrants. Resolution 71/1 includes an annex titled “Towards a Global Compact for Safe, Orderly and Regular Migration” (the “global compact for migration” or “global compact”). This document is comprised of several thematic issues related to international migration that will be the basis of a globally negotiated agreement on how member states should respond to international migration at the national, regional, and international levels, as well as to issues related to international migration and development. The global compact for migration is intended to be adopted at a conference on international migration and development before the inauguration of the 73rd annual session of the UN General Assembly in September 2018. This paper addresses how UN member states should plan to address international migration in the future. It does not refer to refugees and asylum seekers: a global compact on refugees will be drafted by the United Nations High Commissioner for Refugees (UNHCR) in 2018, and to be presented to the UN General Assembly for states' consideration during its 73rd annual session, which starts in September 2018.1 For those who have been involved in migration issues within the United Nations, the fact that member states have finally agreed to convene an international conference on international migration represents a major achievement. It is the result of an extended process that started decades ago and was made possible by a long chain of efforts by many state delegations and other stakeholders. The global compact for migration will not be the first outcome document dealing exclusively with international migration. A declaration2 adopted at a high-level meeting at the United Nations in October 2013, for example, paved the way for the 2018 conference. Nonetheless, the global compact represents a unique opportunity to address international migration comprehensively and humanely. This paper contributes to the discussion on the elements that should be included in the global compact for migration. The paper is divided into two sections. The first section analyzes the main elements of Annex II, “Towards a Global Compact for Safe, Orderly and Regular Migration,” and the criteria that needs to be adopted in order to achieve a substantive outcome. In particular, participants in the negotiation process should aim to balance the concerns of states and the members of host societies, on one hand, with the needs and rights of migrants, on the other. The second section includes proposals to enrich the final global compact for migration and takes into account two documents written by two different actors within the UN system, the Special Representative of the Secretary-General on Migration, and the Special Rapporteur on the Human Rights of Migrants. In particular, the paper proposes that the global compact for migration: • sets forth principles that can inform the actions of governments in relation to international migration at all levels; • enunciates a clearer definition of state protection responsibilities in relation to migrants in crisis situations and so-called “mixed flows”3; affords a substantive role to civil society organizations, the private sector, and academic institutions in the global compact's follow-up and review process; • defines the institutional framework for the implementation and follow-up of the global compact within the United Nations, including through the work of the UN High-level Political Forum on Sustainable Development (HLPF); • establishes a mechanism to fund migration policies for states that lack enough resources to invest sufficiently in this task; and • builds a cooperation-oriented, peer-review mechanism to review migration policies. The paper has been conceived as an input for those who will take part in the negotiation of the global compact for migration, as well as those who will closely follow those negotiations. Thus, the paper assumes a level of knowledge on how international migration has been addressed within the United Nations during the last several years and of the complexities of these negotiation processes. The author took part in different UN negotiation processes on international migration from 2004 to 2013. The paper is primarily based on this experience.4

scholarly journals A Global Environmental Constitution for the Anthropocene?

2018 ◽  
Vol 8 (1) ◽  
pp. 11-33 ◽  
Author(s):  
Louis Kotzé
Keyword(s):  
United Nations ◽  
Best Practice ◽  
Environmental Law ◽  
Regulatory Reform ◽  
Ecological Crisis ◽  
General Assembly ◽  
International Environmental Law ◽  
Global Environmental ◽  
The World ◽  
Un General Assembly

AbstractInternational environmental law (IEL) has been unable to respond effectively to the Anthropocene’s global socio-ecological crisis, which is critically existential and requires radical interventions and regulatory reform. This article explores the potential of the recent United Nations (UN)-backed initiative to adopt a Global Pact for the Environment as an opportunity to reform IEL. It does so by (i) reflecting on the Anthropocene’s demands for a constitutionalized form of IEL through the lens of global environmental constitutionalism; (ii) investigating the extent to which the Global Pact could contribute to such a vision; and (iii) suggesting ways in which to strengthen the constitutional potential of the Global Pact in this endeavour. To this end, the article revisits the World Charter for Nature of 1982, which seems to have slipped off the radar in academic as well as policy circles. A case is made for renewed support of the Charter – which already enjoys the backing of the majority of UN General Assembly member states, and which has constitutional qualities – to serve as a ‘best-practice’ example during the ensuing negotiation of the Global Pact.

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