1,720,962 research outputs found
Strengthening the rule of law or serving as a tool of war? : a critical analysis of United Nations sanctions
No full textThis thesis explores the relationship between United Nations sanctions and the rule of law. Its primary contention is that sanctions have been applied in such a way that they have undermined the rule of law, thus weakening the authority and legitimacy of the U.N. Security Council and the U.N. sanctions system. As a consequence, States are less likely to comply with their sanctions obligations to the extent necessary to ensure that sanctions are effective. The challenge is therefore how to modify the Security Council's sanctions practice so that sanctions command such respect and inspire such confidence that States both desire and feel compelled to implement sanctions fully and effectively. The thesis proceeds in four Parts. Part I sets the stage for analysis, introducing U.N. sanctions and proposing a basic accountability-based model of the rule of law, according to which the central aim of the rule of law is to prevent the abuse of power. Part II explores the origins of the Security Council's sanctions powers, tracing the path leading to the enshrinement of the Security Council's sanctions powers in the U.N. Charter and describing the legal basis for the application of sanctions. Part III illustrates how the Security Council has acted upon its sanctions powers in practice, charting the manner in which the Council's sanctions-related decisions have shaped the contours of the U.N. sanctions system. Part IV then operationalises the theoretical framework for analysis developed in Part I, critically evaluating the extent to which sanctions have strengthened the rule of law. It concludes that the U.N. sanctions system exhibits shortcomings in respect of each of the key elements of the rule of law and makes proposals for reforming the Security Council's sanctions practice so that sanctions can strengthen, rather than undermine, the rule of law
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United Nations sanctions and the rule of law /
No full textThe United Nations Security Council has increasingly resorted to sanctions as part of its efforts to prevent and resolve conflict. In this 2007 book, Farrall traces the evolution of the Security Council's sanctions powers and charts the contours of the UN sanctions system. He also evaluates the extent to which the Security Council's increasing commitment to strengthening the rule of law extends to its sanctions practice. The book identifies shortcomings in respect of key rule of law principles and advances pragmatic policy-reform proposals designed to ensure that UN sanctions promote, strengthen and reinforce the rule of law. In its appendices United Nations Sanctions and the Rule of Law contains summaries of all 25 UN sanctions regimes established to date by the Security Council. It forms an invaluable source of reference for diplomats, policymakers, scholars and advocates
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Sanctions, accountability and governance in a globalised world /
No full textThis book is the first in a series examining how public law and international law intersect in five thematic areas of global significance: sanctions, global health, environment, movement of people and security. Until recently, international and public law have mainly overlapped in discussions on how international law is implemented domestically. This series explores the complex interactions that occur when legal regimes intersect, merge or collide. Sanctions, Accountability and Governance in a Globalised World discusses legal principles which cross the international law/domestic public law divide. What tensions emerge from efforts to apply and enforce law across diverse jurisdictions? Can we ultimately only fill in or fall between the cracks or is there some greater potential for law in the engagement? This book provides insights into international, constitutional and administrative law, indicating the way these intersect, creating a valuable resource for students, academics and practitioners in the field
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Sanctions, accountability and governance in a globalised world /
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Strengthening the rule of law through the UN Security Council /
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The role of international law in rebuilding societies after conflict ::great expectations /
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The role of international law in rebuilding societies after conflict ::great expectations /
No full textInternational law can create great expectations in those seeking to rebuild societies that have been torn apart by conflict. For outsiders, international law can mandate or militate against intervention, bolstering or undermining the legitimacy of intervention. International legal principles promise equality, justice and human rights. Yet international law's promises are difficult to fulfil. This volume of essays investigates the phenomenon of post-conflict state-building and the engagement of international law in this enterprise. It draws together original essays by scholars and practitioners who consider the many roles international law can play in rehabilitating societies after conflict. The essays explore troubled zones across the world, from Afghanistan to Africa's Great Lakes region, and from Timor-Leste to the Balkans. They identify a range of possibilities for international law in tempering, regulating, legitimating or undermining efforts to rebuild post-conflict societies
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