The OSCE and Chapter VIII of the United Nations Charter – Contributing to Global Peace and Security

2015 ◽  
pp. 97-110 ◽  
Author(s):  
Lamberto Zannier
ICL Journal ◽  
2017 ◽  
Vol 11 (2) ◽  
Author(s):  
Otto Spijkers

AbstractA constitution defines the values of a particular community, and establishes institutions to realize these values. In defence of the argument that the United Nations Charter is the world’s constitution, I will try to show that it contains the shared values and norms of the international community, and that the UN’s organs are tasked with the promotion and protection of the shared values and norms as defined in the UN Charter. The focus is on the values of human dignity and peace and security.


1991 ◽  
Vol 25 (1) ◽  
pp. 1-42 ◽  
Author(s):  
Timothy L. H. McCormack

Article 51 of the United Nations Charter states that:Nothing in the present Charter shall impair the inherent right of individual or collective self-defense if an armed attack occurs against a member of the United Nations, until the Security Council has taken the measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of selfdefense shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council under the present Charter to take at any time such action as it deems necessary in order to maintain or restore international peace and security.International lawyers are still arguing about the scope of the right of self-defence in Article 51 of the U.N. Charter. Most of the arguments focus on the semantics of Article 51. Those who argue for a “restrictive view” of the provision emphasise the qualifying phrase “if an armed attack occurs”.


Worldview ◽  
1979 ◽  
Vol 22 (11) ◽  
pp. 15-21 ◽  
Author(s):  
Harold J. Berman

With the rapidly increasing interdependence of all people who inhabit the planet Earth, it has become widely accepted that the ways in which a country acts toward its own citizens may also have important consequences for citizens of other countries. More particularly, a state that systematically represses the fundamental rights of its own subjects is apt to be viewed as a potential threat to the peace and security of other states as well. This view is supported by the United Nations Charter, which expressly links the cause of human rights with the cause of world peace.


1995 ◽  
Vol 21 (4) ◽  
pp. 411-433 ◽  
Author(s):  
Michael Barnett

Living in the shadow of the United Nations and paralysed by the superpowers for much of the post-World War II period, few regional organizations have lived a celebrated life. Few issues proved as divisive and contentious at the drafting of the United Nations Charter as the UN's future relationship to regional organizations. If some at San Francisco believed that the future global organization might be assisted by several regional pillars, the ‘Wilsonian tendency to identify regionalism with war-breeding competitive alliances survived’, and most who were present at the creation were determined to ensure that the future global organization had seniority and superiority over any present or future regional organization. Although Chapter VIII of the UN Charter did stake out a potential role for regional organizations, including the possibility that they might prevent conflicts from being referred to the Security Council, the language adopted reflected the contentious and unresolved nature of the proceedings: ‘The Security Council shall encourage the development of pacific settlements of local disputes through such regional arrangements or by such regional agencies either on the initiative of the states concerned or by reference from the Security Council.’ The subsequent forty-five years suggests that the UN found only limited use for regional organizations.


1968 ◽  
Vol 22 (3) ◽  
pp. 649-669 ◽  
Author(s):  
J. Leo Cefkin

On December 16, 1966, the Security Council held its 1340th meeting and adopted its 232nd resolution. It was a historic resolution. For the first time the Security Council voted to impose sanctions under Chapter VII of the United Nations Charter aimed at ending the rebellion against the United Kingdom by the Ian Smith regime in Rhodesia. Acting in accordance with Article 39, the Council determined that the situation in Rhodesia constituted “a threat to international peace and security,” and, under Article 41, it decided that all Member States of the United Nations must apply sanctions to bar the importation of a number of basic Rhodesian exports.


1956 ◽  
Vol 50 (2) ◽  
pp. 358-372 ◽  
Author(s):  
Majid Khadduri

Muslim states have shown in recent years eagerness to participate in international organizations and co-operate with other Powers to promote international peace and security. This is a significant phenomenon in the behavior of states whose traditional law of nations is so radically different from the modern law of nations and the principles implied in the United Nations Charter.


2017 ◽  
Vol 13 (1) ◽  
Author(s):  
Kevin P Clements

The challenge of peace is complex and intractable. Much depends on the meaning of the concept and the definition of the term. And in that respect much depends on whether a diplomatic-legal or a sociopolitical approach is adopted. The diplomatic-legal approach is enshrined in the United Nations Charter of 1945. The primary goal of the United Nations is to protect future generations from the scourge of war. The charter bestows on the Security Council the primary responsibility for maintaining, or restoring, international peace and security. 


1967 ◽  
Vol 21 (2) ◽  
pp. 306-325 ◽  
Author(s):  
James Joseph Combs

“To maintain international peace and security …” is the first purpose listed in Article I of the United Nations Charter, and it is generally conceded to be the Organization's most important one. Although the United Nations Charter provides procedures for both peaceful settlement and peacekeeping, the peacekeeping role has been more active and more contentious. Indeed, without an authoritative organ for interpreting the Charter each Member has been left to determine for itself the meaning of such fluid phrases as “enforcement action,” “national sovereignty,” and “primary responsibility,” to mention only a few. The result has been a divergence of views which surprises all but that consummate logician—the reasonable man.


2018 ◽  
Vol 13 (4) ◽  
pp. 655-662 ◽  
Author(s):  
Frederick M. Burkle

ABSTRACTFor more than 75 years, the United Nations Charter has functioned without the benefit of Chapter VII, Article 43, which commits all United Nations member states “to make available to the Security Council, on its call, armed forces, assistance, facilities, including rights of passage necessary for the purpose of maintaining international peace and security.” The consequences imposed by this 1945 decision have had a dramatic negative impact on the United Nation’s functional capacity as a global body for peace and security. This article summarizes the struggle to implement Article 43 over the decades from the onset of the Cold War, through diplomatic attempts during the post–Cold War era, to current and often controversial attempts to provide some semblance of conflict containment through peace enforcement missions. The rapid growth of globalization and the capability of many nations to provide democratic protections to their populations are again threatened by superpower hegemony and the development of novel unconventional global threats. The survival of the United Nations requires many long overdue organizational structure and governance power reforms, including implementation of a robust United Nations Standing Task Force under Article 43. (Disaster Med Public Health Preparedness. 2018;13:655–662)


Author(s):  
Hajira Arif

The United Nations (UN) peacekeeping missions are increasingly deployed in highly complex environments, working towards realizing global peace and security. The missions face numerous challenges ranging from socio-economic dimensions to even political hurdles. Among these challenges, the role of peacekeepers during health crises calls for in-depth exploration. With the outbreak of the Covid-19 pandemic, the need for contextualizing peacekeeping amid health crises is receiving utmost attention. This essay looks at this challenge, notably during the outbreaks of HIV/AIDS, Cholera, Ebola, and the ongoing pandemic (i.e., Covid-19). It briefly analyzes the impacts experienced and the role played by peacekeepers during the times of these outbreaks. The essay also explores the need for „transformation‟ of peacekeeping missions to counter the challenges posed by health crises. It highlights how globalization has caused the „globalized‟ nature of diseases, and therefore thereis an urgent need for exploration and adoption of policies concerning this issue. The essay also suggests some of these potential measures that may equip the peacekeeping missions to fulfil their mandated tasks effectively. It also points towards the gaps in the literature, whose exploration may contribute towards realizing health crises within the broader roles of the peacekeeping mandates.


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