The United Nations has established at least thirty international commissions of inquiry to examine situations of mass atrocities. These bodies resemble legal processes in some ways, while remaining... Show moreThe United Nations has established at least thirty international commissions of inquiry to examine situations of mass atrocities. These bodies resemble legal processes in some ways, while remaining non-legal in others. This research explores UN atrocity inquiries’ turn to international law and their navigation of considerations of principle and pragmatism to discern their identity in the international legal order. The thesis traces the inquiry process from establishment and interpretation of the mandate to legal analysis, production of findings and recommendations. The research finds that the turn to international law fundamentally shapes the roles and functions of UN atrocity inquiries. Commissions seeking to promote accountability and the rule of law are linked to truth-seeking, giving a voice to victims, condemning violations, raising alert and provoking corrective action. Yet, commissions’ interpretations of their mandates, legal analysis, findings and recommendations reveal an awareness of their liminal position between international law and politics. Their informality renders commissions well-placed to propose innovative legal interpretations, draw attention to violations and catalyse follow-up, while space is retained for diplomatic approaches and discretion in implementing recommendations. In short, UN atrocity inquiries continuously navigate between realms of law and politics, with the equilibrium shifting in different moments and contexts. Show less
Pursuing security and justice jointly in global governance will be vital to human progress in the twenty-first century. Humanity lives and operates simultaneously in three spaces critical... Show morePursuing security and justice jointly in global governance will be vital to human progress in the twenty-first century. Humanity lives and operates simultaneously in three spaces critical to contemporary life and governance: public, transactional and ecological. Failures in one space can cascade into others. Managing them so as to avoid such failures is an essential function of global governance. Public space is the home of governance (formal and informal) and of rights-exercising groups and individuals enjoying areas maintained for common use. Civil society fully exercising its basic human rights is essential to a well-functioning state, and well-functioning states are critical supporting elements in the present architecture of global governance. Wherever states are fragile or torn by conflict, they become fracture points in that architecture. Transactional space – the realm of trade, finance, and other markets and networks, especially digital – has experienced explosive growth in the last two decades. The new global economy is marked by openness and low costs of communication and transport but also greater vulnerability to, and opportunity for, transnational crime. Both of these spaces depend, in turn, on ecological space, the planet-wide system of systems that influence one another and set the background conditions for human life and civilisation. In none of these spaces are current tools and institutions of global governance up to the challenges they face. Mass violence in fragile states, cross-border economic shocks and cyber attacks, and the threat of runaway climate change threaten the public, transactional and ecological spaces of human existence. Getting global-governance reform right, however, will require paying close attention to the provision not just of security, but also of justice – and seeing to it that the two are mutually reinforcing. Show less
Pursuing security and justice jointly in global governance will be vital to human progress in the twenty-first century. Humanity lives and operates simultaneously in three spaces critical to... Show morePursuing security and justice jointly in global governance will be vital to human progress in the twenty-first century. Humanity lives and operates simultaneously in three spaces critical to contemporary life and governance: public, transactional and ecological. Failures in one space can cascade into others. Managing them so as to avoid such failures is an essential function of global governance. Public space is the home of governance (formal and informal) and of rights-exercising groups and individuals enjoying areas maintained for common use. Civil society fully exercising its basic human rights is essential to a well-functioning state, and well-functioning states are critical supporting elements in the present architecture of global governance. Wherever states are fragile or torn by conflict, they become fracture points in that architecture. Transactional space – the realm of trade, finance, and other markets and networks, especially digital – has experienced explosive growth in the last two decades. The new global economy is marked by openness and low costs of communication and transport but also greater vulnerability to, and opportunity for, transnational crime. Both of these spaces depend, in turn, on ecological space, the planet-wide system of systems that influence one another and set the background conditions for human life and civilisation. In none of these spaces are current tools and institutions of global governance up to the challenges they face. Mass violence in fragile states, cross-border economic shocks and cyber attacks, and the threat of runaway climate change threaten the public, transactional and ecological spaces of human existence. Getting global-governance reform right, however, will require paying close attention to the provision not just of security, but also of justice – and seeing to it that the two are mutually reinforcing. Show less
The book sets out an analysis of how the law is used as a means to remove decision-making rights from people with mental health issues and people with intellectual disabilities. It explains how... Show moreThe book sets out an analysis of how the law is used as a means to remove decision-making rights from people with mental health issues and people with intellectual disabilities. It explains how international law can be used to repatriate these rights. Show less
The thesis deals with the question as to whether international organisations could be jointly responsible for violations of international law committed by peacekeepers deployed in a peacekeeping... Show moreThe thesis deals with the question as to whether international organisations could be jointly responsible for violations of international law committed by peacekeepers deployed in a peacekeeping operation. The study starts by exploring the development of the concept of peacekeeping operations and the relations between the UN and four specific regional organisations (NATO, EU, AU and ECOWAS) on the basis of the applicable dispositions of the UN Charter. This examination as well as the following analysis of relations among these organisations, illustrate the evolution of a division of labour and an increase of cooperation between the UN and these organisations. It justifies the formulation of a presumption that international organisations could be jointly responsible as well as the formulation of a new criterion of attribution (normative control). The case-studies of specific peacekeeping operations confirm that in certain circumstances the UN and regional organisations have to be considered jointly responsible. Show less
The manuscript studies NGOs in international law. For that purpose, NGOs were appraised under each of the sources of international law, which, according to authoritative legal doctrine, were listed... Show moreThe manuscript studies NGOs in international law. For that purpose, NGOs were appraised under each of the sources of international law, which, according to authoritative legal doctrine, were listed in article 38 of the Statute of the International Court of Justice. The thesis also addresses the challenges to the legitimacy of States and Intergovernmental Organizations in an era in which electoral democracies constitute the predominant form of government. The research has identified that international law is changing to accommodate new subjects of law that were not conceivable under positivism. The author argues that NGOs are subjects of law to the same extent that Intergovernmental Organizations are, because both are created by subjects of international law (States and individuals) under a typical principal-agent relationship as rational-legal bodies entrusted with certain functions, which, with the attendant duties and responsibilities, were clothed by its constituencies __with the competence required to enable those functions to be effectively discharged__. Show less
The book The United Nations, the Evolution of Global Values and International Law by Otto Spijkers describes how moral values have determined the founding of the United Nations Organization in 1945... Show moreThe book The United Nations, the Evolution of Global Values and International Law by Otto Spijkers describes how moral values have determined the founding of the United Nations Organization in 1945 and the evolution of its purposes, principles and policies since then. A detailed examination of the proceedings of the United Nations Conference on International Organization in San Francisco demonstrates that the drafting of the United Nations Charter was significantly influenced by global moral values, i.e. globally shared beliefs distinguishing right from wrong, good from bad, and the current from a preferable state-of-the-world. A common desire to eradicate war, poverty, inhuman treatment, and to halt the exploitation of peoples, has led to an affirmation of the values of peace and security, social progress and development, human dignity and the self-determination of all peoples. All these values ended up in the UN Charter. The book further analyzes how the United Nations, and especially its General Assembly, has continued to influence the maturing of global morality through contributions to the values-debate, and to the translation of these values into the language of international law, including the law on the use of force, sustainable development, human rights and the right to self-determination. Show less
This paper argues that the ECJ in its seminal Kadi judgment made the right decision and foreshadowed numerous reforms in the EU’s external action introduced by the Lisbon Treaty. It rightly... Show moreThis paper argues that the ECJ in its seminal Kadi judgment made the right decision and foreshadowed numerous reforms in the EU’s external action introduced by the Lisbon Treaty. It rightly rejected the approach presented by the Court of First Instance, which ultimately turned out to be a false friend of international law. By largely following the Advocate General’s Opinion, the Court maintained the superior human rights standard of the EU legal order. Without, however, jeopardizing the compliance of the Member States with their UN obligations right away, it sent a clear warning signal to the UN Security Council to exhaust the potential for reform of the targeted sanction regime. The Court showed that in the face of such global threats as terrorism as well as the undermining of basic human rights, we are all in the same boat together after all. Show less
In recent years, there have been several large and ambitious international administrations established to govern territories plagued by war and left without effective governments. The international... Show moreIn recent years, there have been several large and ambitious international administrations established to govern territories plagued by war and left without effective governments. The international administrations in Bosnia and Herzegovina (Bosnia) and in Kosovo were among those established. Although both international administrations were successful in the sense that large scale violence has not re-occurred, the question is whether the objective has been achieved of transforming both territories into sustainable political entities. This study is an attempt to answer these questions. The study is based on a qualitative research design in which both cases are compared. The study shows that the Office of the High Representative in Bosnia and the United Nations Interim Administration Mission in Kosovo have been successful in creating political institutions, but not in making them sustainable. Consequentl y, Bosnia and Kosovo in 2008 can at best be considered weak states with weak political institutions that are dependent on the continued support of international organizations and foreign states. Show less
As part of the international presence in the Western Balkans, the European Union has adopted sanctions, brokered political agreements, launched its first-ever police and military missions and... Show moreAs part of the international presence in the Western Balkans, the European Union has adopted sanctions, brokered political agreements, launched its first-ever police and military missions and directed economic, legal and administrative reforms to eradicate the root causes of instability. Yet, despite the comprehensive nature of its involvement, the EU__s strategies have been marked by confusion, its actions by concurrent or competing mandates of other international organisations. As a result, the returns on its investments are dwindling, at a time when nation-building in the region has entered its final stages with the separation of Serbia and Montenegro, the search for bringing an end to the international governance of Bosnia-Herzegovina and a final status for Kosovo. As the Western Balkans still contain a genuine security threat, there is a real imperative now to move the region as a whole from the stage of international protectorates and weak states to the stage of accession to the euro-atlantic organisations to which they aspire. This book presents legal and political ways and means to restructure the international effort to see the defining processes through. Under the leadership of the EU, only a __tough love__ strategy based on a firm but fair application of the conditionality principle can lead to the integration of the Western Balkans into the European mainstream. Show less
