This dissertation explores the United Nations' comprehensive approach to managing the Israel-Arab Conflict from 1967 to 1982, presenting a shift from examining peace operations as isolated efforts... Show moreThis dissertation explores the United Nations' comprehensive approach to managing the Israel-Arab Conflict from 1967 to 1982, presenting a shift from examining peace operations as isolated efforts to viewing them as interconnected elements of a broader peace architecture. It introduces a critical analysis of the roles played by the Office of Special Political Affairs and the Office of Chief Coordinator of Peacekeeping in the Middle East, arguing that these entities were pivotal in forming a cohesive strategy despite the static mandates of individual peace missions. The research spans six chapters, starting with a historical overview of the UN’s peacekeeping framework since 1948, setting the groundwork for understanding the conflict and the evolution of peacekeeping entities. It then delves into Inter-Operation Collaboration (IOC) and the Secretariat’s political maneuvering, highlighting the impact of significant events like the Camp David Accords and the 1982 Israeli invasion of Lebanon. These events marked a shift in focus from state-centric to Israeli-Palestinian issues, challenging the UN’s influence. The conclusion assesses the UN’s role in shaping the diplomatic and security landscape of the region, underlining the organization's contributions and limitations in fostering peace and stability amidst a complex geopolitical scenario. This research offers valuable insights into the dynamics of UN peacekeeping operations in regional conflicts. Show less
In the early 1990s, the United Nations achieved in Cambodia an outcome that has been promoted as an important and rare peacekeeping success. The United Nations Transitional Authority in Cambodia ... Show moreIn the early 1990s, the United Nations achieved in Cambodia an outcome that has been promoted as an important and rare peacekeeping success. The United Nations Transitional Authority in Cambodia (UNTAC) was a key experiment in the laboratory of post-Cold War peacekeeping. Although UNTAC was confronted with one major spoiler party, the Khmer Rouge, the mission’s leadership supposedly resisted venturing into peace enforcement and succeeded in achieving the mission’s end goal of holding democratic elections in May 1993. However, UNTAC’s outcome has been all too readily interpreted in the light of the peacekeeping failures in the former Yugoslavia and Somalia. Using newly declassified documents, this study breaks with the traditional narrative that ascribes the causes for “success” in Cambodia to a strict adherence to the traditional peacekeeping principles. It reveals that under the imperative of turning the mission into a success, and paradoxically, saving the credibility of UN peacekeeping itself, UNTAC eventually violated the core principle of impartiality by forging an alliance with the government faction against the Khmer Rouge. The historical analysis thereby demonstrates that the theoretical and legalistic distinction between peacekeeping and peace enforcement has long distorted a thorough understanding of the true challenges in UN peacekeeping operations. Show less
This chapter examines the position of the UN Security Council within the institutional framework on environmental peacebuilding. It starts with an analysis of the UN's peacebuilding architecture,... Show moreThis chapter examines the position of the UN Security Council within the institutional framework on environmental peacebuilding. It starts with an analysis of the UN's peacebuilding architecture, which assigns complementary roles to the Security Council, the General Assembly and the Economic and Social Council, based on each organ's respective function within the UN system. The chapter then turns to the practice of the Security Council with respect to 'conflict resources' on the one hand and environmental degradation more broadly on the other. This analysis demonstrates major differences in the substantive contributions by the Security Council with respect to 'conflict resources' on the one hand and to climate change and other ecological threats on the other. It argues that the institutional division of responsibilities between the three main UN organs provides a powerful rationale for explaining these differences. Show less
full book landing page (including bibliography): https://www.pulp.up.ac.za/component/edocman/sixty-years-after-independence-africa-and-international-law-views-from-a-generation-soixante-ans-apres... Show morefull book landing page (including bibliography): https://www.pulp.up.ac.za/component/edocman/sixty-years-after-independence-africa-and-international-law-views-from-a-generation-soixante-ans-apres-les-independances-l-afrique-et-le-droit-international-regards-d-une-generation Show less
This historical study deals with the deployment and the effectiveness of observers in the former Yugoslavia. The intervention started small, but the number of observers from the European Community... Show moreThis historical study deals with the deployment and the effectiveness of observers in the former Yugoslavia. The intervention started small, but the number of observers from the European Community Monitoring Mission (ECMM) and particularly the number of United Nations Military Observers (UNMOs) grew substantially during the war. The variety of their tasks and the growing number of observers seem to indicate that they played an important role. However, there was initially little clarity about how they were deployed, how this deployment evolved and how effective the observers really were. In this study, effectiveness is a key concept, which involves not only taking a closer look at the results achieved by this category of military personnel, but also comparing those results with the investments their efforts required. This makes it possible to analyse and weigh the 'costs' and 'benefits' of their deployment. Based on the results achieved by observers in the former Yugoslavia and the investment this required, conclusions can be drawn about their effectiveness. In short, the observer operations on the Balkans could be described as complex, multi-faceted and high-risk. How justifiable was it to deploy observers in a conflict at the high end of the spectrum of force? Show less
The United Nations (UN) sanctions against North Korea are weakened by structural evasion techniques and weak enforcement. The African continent is a crucial node in the global illicit networks of... Show moreThe United Nations (UN) sanctions against North Korea are weakened by structural evasion techniques and weak enforcement. The African continent is a crucial node in the global illicit networks of North Korea. This paper examines three motives for African states to cooperate with North Korea, with a particular focus on the context of southern Africa: historical affinity (reciprocity), the practical issue of maintenance dependency (necessity), and the presence of weak enforcement regimes (opportunity). Based on a deep reading of UN Panel of Experts reports, academic literature and policy papers, novel archival material, and an interview with a defected North Korean diplomat, this paper argues that solutions to strengthen the sanctions regime can be successful only if they are grounded in African initiatives. Show less
Wewerinke-Singh, M.J.; De Jong, I.; Adelman, S.; Biermann, F.; Burns, W.; Cramer, W.; ... ; Leach, M. 2022
Defaming the Freedom of Religion or Belief: A Historical and Conceptual Analysis of the United Nations analyses the development of and the controversy around the formulation and interpretation of... Show moreDefaming the Freedom of Religion or Belief: A Historical and Conceptual Analysis of the United Nations analyses the development of and the controversy around the formulation and interpretation of the freedom of religion or belief as a universal right within the United Nations. The legal, philosophical, and political dimensions of the subject are discussed.This study demonstrates that the universality, content, and non-discriminatory implementation of the freedom of religion or belief has been questioned since its drafting process, not only on a theoretical level by postmodern views, but also, throughout the years, from a legal and political perspective within the UN. From various angles, these actors seem to ‘defame’ the freedom of religion or belief—hence the title of this study—and have succeeded in changing the provision by interpreting it differently than its original 1948 objectives. These developments have continued and will most likely continue to lead to a diminishment of the normative force of the legal provisions regarding the freedom of religion or belief. Various topics, such as religious tolerance, blasphemy, defamation of religion, and apostasy, are discussed in this context. Show less
This article analyses the evolution and interplay of national policies and international diplomacy on cyber terrorism within and across the UNSC’s permanent five members and the UN process on cyber... Show moreThis article analyses the evolution and interplay of national policies and international diplomacy on cyber terrorism within and across the UNSC’s permanent five members and the UN process on cyber norms (GGE and OEWG). First, it reveals how – through the extension of preemptive measures to low-impact cyber activities and online content – national policies progressively articulate cyber terrorism as an issue of information security. Second, it problematizes how – through the adoption of comprehensive and imprecise definitions – the diplomatic language on cyber terrorism might lend international support to those authoritarian regimes keen on leveraging counter-terrorism to persecute domestic oppositions and vulnerable groups. Third, it concludes that – with UN diplomatic efforts increasingly discussing countering (dis)information operations – combining normative debates on cyber terrorism with those on information security requires precision of language to safeguard human rights globally. Show less
RECOMMENDATION: Increase the universal acceptance of international justice institutions, in particular the International Court of Justice (ICJ) and the International Criminal Court (ICC). Moreover,... Show moreRECOMMENDATION: Increase the universal acceptance of international justice institutions, in particular the International Court of Justice (ICJ) and the International Criminal Court (ICC). Moreover, increase their enforcement powers, preserve their independence, and enhance their resilience against political pressures. Show less
Deze kroniek informeert over ontwikkelingen met betrekking tot de mensenrechten in de diverse organen van de Verenigde Naties. Daarbij komen zowel de politieke mechanismen (onder meer de Algemene... Show moreDeze kroniek informeert over ontwikkelingen met betrekking tot de mensenrechten in de diverse organen van de Verenigde Naties. Daarbij komen zowel de politieke mechanismen (onder meer de Algemene Vergadering en de Mensenrechtenraad) als de diverse verdragscomités aan de orde. Show less
The United Nations Information Office (UNIO), dating from 1942, holds the distinction of being both the first international agency of the embryonic UN network and the first to hold the United... Show moreThe United Nations Information Office (UNIO), dating from 1942, holds the distinction of being both the first international agency of the embryonic UN network and the first to hold the United Nations label. Run from 1942 to 1945 from two offices in New York and London, these two were merged at the end of World War II to form the UN Information Organisation, and subsequently transformed into the Department of Public Information run from UN headquarters in New York. This article adds to the history of the UN by exploring the origins and development of the UNIO during 1940-41, when it was a British-led propaganda operation to gather US support for the allied war effort. It also examines the UNIO from the viewpoint of the power transition from Britain to the United States that took place during the war, and how this reflected a transition of internationalisms: the British view of world order through benevolent imperialism, to the American view of a progressive campaign for global development and human rights. Show less
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
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
