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
Ponzio, R.; Yusuf, N.; Siddiqui, M.; Larik, J.E.; Aamer, F.; Durch, W. 2022
In 2022, the growing impacts of climate change have been felt across the globe, from prolonged drought in the Middle East and North Africa, to erratic monsoons in South Asia and record-breaking... Show moreIn 2022, the growing impacts of climate change have been felt across the globe, from prolonged drought in the Middle East and North Africa, to erratic monsoons in South Asia and record-breaking heat waves in Europe and China. At the same time, the COVID-19 pandemic—which reached the tragic milestone of one million deaths within the first eight months of this year—and the ongoing war in Ukraine and other violent conflicts have impeded global progress toward the Sustainable Development Goals. To address these and other pressing global challenges, in his 2021 Out Common Agenda report, UN Secretary-General António Guterres called for a Summit of the Future to improve collective action worldwide. Among the summit’s anticipated outcomes are a Declaration on Future Generations, a Global Digital Compact, and a New Agenda for Peace. This report elaborates on the challenges, proposed major elements, and potential spoilers to be overcome by each of these global policy frameworks. It further argues that meaningful civil society engagement in the summit’s preparations can reassure all stakeholders that decisions taken in September 2023 are well-informed, enjoy broad social ownership, and generate a sense of co-responsibility in supporting their implementation. Show less
Ponzio, R.; Yusuf, N.; Larik, J.E.; Arjomand, B.; Siddiqui, M.; Zhang, J.; Durch, W. 2022
Fears of rising conflict, new COVID-19 variants, irreversible climate change, and eroding collaboration in the global economy threaten to undermine the 2030 Agenda for Sustainable Development and... Show moreFears of rising conflict, new COVID-19 variants, irreversible climate change, and eroding collaboration in the global economy threaten to undermine the 2030 Agenda for Sustainable Development and other efforts to advance human progress. Yet, a once-in-a-generation opportunity to review and dramatically improve global tools for managing such enormous challenges, a Summit of the Future, is under serious consideration for September 2023 by the United Nations’ 193 Member States. Informed by research and policy dialogues—initially undertaken for the Albright-Gambari Commission and its follow-through, and most recently to help flesh out key proposals in the Secretary-General’s seminal report, Our Common Agenda—this report’s twenty main recommendations are intended to encourage more ambitious, forward-looking thinking and deliberation on global governance renewal and innovation in the run-up to next year’s Summit. 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
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 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
