scholarly journals Impact of Shimla Agreement on the Application of UN Resolutions on Jammu and Kashmir: A Critical Analysis under International Law

2021 ◽  
Vol 2 (2) ◽  
pp. 285-302
Author(s):  
Adnan Rahman ◽  
Sania Muneer ◽  
 Muhammad Mumtaz Ali Khan
Keyword(s):  
United Nations ◽  
International Law ◽  
Research Work ◽  
United Nations Security Council ◽  
Self Determination ◽  
Jammu And Kashmir ◽  
The Icj ◽  
The United Nations ◽  
The Impact ◽  
Effective Analysis

The purpose of this paper is to explore and analyze the impact of the Shimla Agreement on the application of the United Nations’ resolution on Jammu and Kashmir with special reference to the International law. The conflict of Jammu and Kashmir has been a longstanding conflict for right to self-determination for people of Jammu and Kashmir. There are almost twenty resolutions of the UNSC and UNCIP on Jammu and Kashmir and the issue is still pending in the United Nations Security Council. However, there has been a debate on the impact of the Shimla agreement on the applicability and validity of the resolutions of the United Nations in post 1972 scenario. This paper will critically analyze and objectively review the various legal dimensions of the Shimla Agreement in juxtaposition with the leading principles of International law as well as decisions of the ICJ on similar matters. Moreover, this paper will also analyze the nature, scope and applicability of the resolutions of the UNSC and UNCIP in the light of the International law. The findings of this research work are based upon the critical review of the existing literature on the Shimla Agreement and its impact on the UN Resolutions.  This study will suggest the effective analysis and will address all the questions pertaining to the nature, scope and legal impact of the Shimla Agreement on the nature and scope of applicability of UN Resolutions on Jammu and Kashmir. This study can be very useful and relevant in future to analyze the nature of the Shimla agreement and the binding nature and applicability of the resolutions of the United Nations on Jammu and Kashmir.

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.

scholarly journals Diplomatic protection in international law and the United Nations

2013 ◽  
pp. 667-681
Author(s):  
Bojan Milisavljevic
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Customary Law ◽  
Diplomatic Protection ◽  
History Of ◽  
The United Nations ◽  
International Law Commission ◽  
The Impact ◽  
Law Commission

The paper deals with the issue of the diplomatic protection in international law and its development through the history of the international community. In this sense, the author investigates the practice of states regarding the application of diplomatic protection and the steps taken by the International Law Commission of the United Nations on the codification of this area. In 2004 International Law Commission adopted at first reading a full set of draft articles. In this paper is presented judicial practice, especially of the International Court of Justice, in the field of diplomatic protection in order to evaluate whether the approach of the Court to diplomatic protection has become more human-rights oriented in the last few years. Author presents the development of customary law rules relating to diplomatic protection and its transition into a whole system of rules through the work of the International Law Commission. In this sense, these are the basic stages in the codification of rules on diplomatic protection and the United Nations contribution to the protection of the rights of foreign nationals. This article points the development of universal and regional mechanisms to protect human rights and highlights the impact of those mechanisms on traditional measures of diplomatic protection.

What Future for the UN Charter System of War Prevention?

2003 ◽  
Vol 97 (3) ◽  
pp. 590-598 ◽  
Author(s):  
Richard A. Falk
Keyword(s):  
United Nations ◽  
International Law ◽  
Security Council ◽  
United Nations Security Council ◽  
Sovereign State ◽  
Un Security Council ◽  
Inspection Process ◽  
The United Nations ◽  
The Relationship

President George W. Bush historically challenged the United Nations Security Council when he uttered some memorable words in the course of his September 12, 2002, speech to the General Assembly: “Will the UN serve the purpose of its founding, or will it be irrelevant?” In the aftermath of the Iraq war there are at least two answers to this question. The answer of the U.S. government would be to suggest that the United Nations turned out to be irrelevant due to its failure to endorse recourse to war against the Iraq of Saddam Hussein. The answer of those who opposed the war is that the UN Security Council served the purpose of its founding by its refusal to endorse recourse to a war that could not be persuasively reconciled with the UN Charter and international law. This difference of assessment is not just factual, whether Iraq was a threat and whether the inspection process was succeeding at a reasonable pace; it was also conceptual, even jurisprudential. The resolution of this latter debate is likely to shape the future role of the United Nations, as well as influence the attitude of the most powerful sovereign state as to the relationship between international law generally and the use of force as an instrument of foreign policy.

scholarly journals Preventive diplomacy in international law and its implementation on the territories of former Yugoslavia

2009 ◽  
Vol 61 (1-2) ◽  
pp. 112-140
Author(s):  
Maja Sahadzic
Keyword(s):  
International Relations ◽  
United Nations ◽  
International Law ◽  
Secretary General ◽  
Peace Building ◽  
Former Yugoslavia ◽  
The United Nations ◽  
The Cold War ◽  
The Impact ◽  
Political Priority

The term preventive diplomacy was first used in the United Nations in the late fifties when Secretary General Dag Hammarskj?ld 'invented' it to describe the remaining function that the United Nations could apply in the bipolar system of international relations. Secretary General Boutros Boutros Ghali included it in the Agenda for Peace in 1992 putting it in the same rank with peace-keeping, peace?making and peace-building concepts, thus giving preventive diplomacy a high political priority. In this paper the author deals with the following questions: the impact of the Cold War on the emergence of preventive diplomacy, meaning of preventive diplomacy, international documents and institutions related to preventive diplomacy and the attempts to implement preventive diplomacy in the former Yugoslavia.

scholarly journals THE UNITED NATIONS SECURITY COUNCIL RESOLUTION ON SANCTIONS TOWARDS INDIVIDUAL FROM THE PERSPECTIVE OF INTERNATIONAL LAW

2019 ◽  
Vol 3 (2) ◽  
pp. 202-218
Author(s):  
Jessica Priscilla Suri
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Security Council ◽  
United Nations Security Council ◽  
Islamic State ◽  
International Peace ◽  
Member States ◽  
Peace And Security ◽  
The United Nations

AbstractThe United Nations Security Council (SC) holds the primary responsibility to maintain international peace and security as stipulated in Article 24 of the United Nations Charter (UN Charter). The emergence of international terrorism as a threat to international peace and security encourages the SC to impose sanctions in the form of assets freeze, travel ban and arms embargo towards targeted individuals through the SC Resolutions on Taliban, Al-Qaida and the Islamic State of Iraq and the Levant (ISIL). However, the implementation of UN targeted sanctions towards individuals has been violating the targeted individual’s human rights to property, rights of movement, rights to privacy, honor and reputation, and also the rights to a fair trial. This article will explain about the legitimation of the SC Resolutions in imposing sanction towards an individual, and the obligation of UN member states towards the SC resolution that imposes sanctions against its citizen. The violations of human rights stemming from the implementation of SC Resolutions on sanction towards individuals indicate that the resolutions have been adopted beyond the limits of international law. Therefore this condition makes the resolutions lost its legitimacy under international law. In accordance with Article 25 and 103 of the UN Charter, all member states have an obligation to accept, carry on and give priority to the obligation originating from the SC Resolution including to implement the sanction measures towards individuals. Nevertheless, member states must accommodate and harmonize its obligations in respecting, protecting and fulfilling all the individuals’ rights who are targeted by the SC along with its obligation to the SC Resolutions. Keywords: Human Rights, Sanction towards Individuals, United Nations Security Council.AbstrakDewan Keamanan Perserikatan Bangsa-Bangsa (DK) memiliki tanggungjawab utama untuk menjaga perdamaian dan keamanan internasional berdasarkan Pasal 24 Piagam PBB. Munculnya terorisme internasional sebagai ancaman terhadap perdamaian dan keamanan internasional mendorong DK untuk menjatuhkan sanksi berupa pembekuan aset, pelarangan perjalanan serta embargo senjata kepada individu yang ditargetkan melalui rezim Resolusi Taliban, Al-Qaida dan Islamic State of Iraq and the Levant (ISIL). Dalam penerapannya penjatuhan sanksi tersebut menimbulkan pelanggaran Hak Asasi Manusia (HAM) yaitu hak terhadap properti, hak kebebasan berpindah, hak atas privasi, kehormatan dan reputasi serta hak atas proses pengadilan yang adil. Pelanggaran HAM tersebut memunculkan tujuan dilakukannya penulisan artikel ini yaitu untuk menunjukan mengenai legitimasi resolusi DK yang menjatuhkan sanksi kepada individu, serta memaparkan mengenai kewajiban negara anggota PBB terhadap resolusi DK yang menjatuhkan sanksi kepada warga negaranya. Pelanggaran HAM yang disebabkan oleh penerapan penjatuhan sanksi terhadap individu mengindikasikan bahwa resolusi yang mendasari penjatuhan sanksi tersebut diadopsi dengan melampaui batasan-batasan penjatuhan sanksi DK dan telah kehilangan legitimasinya menurut hukum internasional. Sehingga meskipun negara memiliki kewajiban berdasarkan Pasal 25 dan 103 Piagam PBB untuk tetap menerima, melaksanakan dan mengutamakan kewajibannya berdasarkan Resolusi DK yang menjatuhkan sanksi terhadap individu, negara tetap harus mengakomodir dan mengharmonisasikan kewajibannya dalam menghormati, melindungi dan memenuhi HAM individu yang dijatuhkan sanksi saat melaksanakan kewajibannya yang berasal dari Resolusi DK. Kata Kunci: Dewan Keamanan Perserikatan Bangsa-Bangsa, Hak Asasi Manusia, Sanksi terhadap Individu

A Keen Observer of the International Rule of Law? International Law in China's Voting Behaviour and Argumentation in the United Nations Security Council

2013 ◽  
Vol 26 (4) ◽  
pp. 875-907 ◽  
Author(s):  
PHIL C. W. CHAN
Keyword(s):  
United Nations ◽  
International Law ◽  
Rule Of Law ◽  
Security Council ◽  
United Nations Security Council ◽  
Voting Behaviour ◽  
International Legal Order ◽  
The United Nations ◽  
International Rule ◽  
Keen Observer

AbstractGiven the centrality of law in the creation, decision-making, and impact of the United Nations Security Council, the deliberative discourses among Security Council Members, and the necessity for China to articulate its reasons publicly for its actions within the Security Council, the roles that China plays within the Security Council illuminate and clarify its approaches to the current international legal order. This article explains how law serves as a constitutional–normative framework within which the Security Council must function, followed by a discussion of how the Security Council in turn may serve as a locus of deliberative discourses that delineate, influence, and constrain its members’ state behaviours. It challenges the view that law plays a limited role on matters of international security by exploring China's voting behaviour in the Security Council and the arguments that it has proffered. It also discusses how China may respond to a draft Security Council resolution aimed at its conduct other than simply by vetoing it, and how it has taken a proactive role in the maintenance of international peace and security through the Security Council.

The Kalshoven Commission

1993 ◽  
Vol 6 (1) ◽  
pp. 131-134
Author(s):  
Alfred de Zayas
Keyword(s):  
United Nations ◽  
International Law ◽  
Security Council ◽  
United Nations Security Council ◽  
Secretary General ◽  
Former Yugoslavia ◽  
Geneva Conventions ◽  
The United Nations

By Resolution 780 of October 6, 1992 the United Nations Security Council requested the Secretary-Generalto establish, as a matter of urgency, an impartial Commission of Experts to examine and analyse the information submitted […] together with such further information as the Commission of Experts may obtain through its own investigations or efforts […] with a view to providing the Secretary-General with its conclusions on the evidence of grave breaches of the Geneva Conventions and other violations of international law committed in the territory of the former Yugoslavia.

Autointerpretation, Competence, and the Continuing Validity of Article 2(7) of the UN Charter

1977 ◽  
Vol 71 (1) ◽  
pp. 60-83 ◽  
Author(s):  
J. S. Watson
Keyword(s):  
Human Rights ◽  
United Nations ◽  
International Law ◽  
Use Of Force ◽  
Self Determination ◽  
Fertile Ground ◽  
Protection Of Human Rights ◽  
The United Nations

With the failure of the United Nations to control the use of force by states to the degree that many had wished for, the attention of many commenators shifted to what was hoped would be more fertile ground—the protection of human rights, self-determination, and other areas in which the organization might play a supranational role. In discussing the development of the supranational aspect of the organization, attention is invariably directed to Article 2(7) of the Charter which is, of course, the current symbol of sovereignty. Since most visionaries are frustrated by the concept of sovereignty, it is not surprising that this article has received little sympathy on the part of many who are more concerned with ends than means. Yet it is doubtful whether the concept may be dismissed summarily and, since it plays such a key role in so many of the allegedly developing fields of international law, one would do well to consider how Article 2(7), properly interpreted, affects the legal assumption on which supranationalism is based.

Sign in / Sign up

Export Citation Format

Share Document