Sydney D. Bailey and Sam Daws
- Published in print:
- 1998
- Published Online:
- November 2003
- ISBN:
- 9780198280736
- eISBN:
- 9780191598746
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280734.001.0001
- Subject:
- Political Science, International Relations and Politics
The Procedure of the UN Security Council is the definitive book of its kind and has been widely used by UN practitioners and scholars for over twenty years. This new revised and ...
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The Procedure of the UN Security Council is the definitive book of its kind and has been widely used by UN practitioners and scholars for over twenty years. This new revised and thoroughly updated third edition encompasses the many changes in Council procedure that have occurred since the end of the Cold War, which ushered in new possibilities for international co‐operation, and increased recourse to the UN. The last decade has seen the Gulf War and a plethora of new and often complex peacekeeping operations, from Bosnia to Rwanda, and such increased demands and associated expectations have placed a spotlight on the role and functioning of the Security Council. Recent years have seen a greater recourse to informal consultations of Council members prior to Council meetings, and the search for consensual Council decision‐making has led to differences of opinion on both procedural and substantive matters being dealt with largely during such consultations. This has produced calls from non‐members for greater Council transparency. Other proposals, both from within and outside the UN, have advocated reforms to the Council's composition or working methods to ensure its continued effectiveness and legitimacy. The new edition attempts to reflect the many recent developments in the procedure of the Security Council, while still reflecting the considerable continuity that exists with the past. In particular, to illustrate and illuminate aspects of Council procedure, many examples have been used from the UN's early years, since this was the time when many of the original precedents were created. Some of the anecdotes that touch on the human side of Council diplomacy have also been retained. The new edition includes new information on the following: the Provisional Rules of Procedure; public and private meetings; consultations and briefings with non‐members and troop‐contributors, including transparency, Presidential briefings, and orientation debates; informal consultations and ‘Arria formula’ meetings; the appointment of the Secretary‐General of the UN; relationships with the UN General Assembly, the UN International Court of Justice, the UN Trusteeship Council, and the UN Military Staff Committee; subsidiary organs, including sanctions committees; the veto and Security Council membership; Chapter VII resolutions, UN peacekeeping and UN‐authorized enforcement; Council enlargement and de jure and de facto Charter amendments; changes in Council documentation; and ad hoc and regional groupings in the Council.Less
The Procedure of the UN Security Council is the definitive book of its kind and has been widely used by UN practitioners and scholars for over twenty years. This new revised and thoroughly updated third edition encompasses the many changes in Council procedure that have occurred since the end of the Cold War, which ushered in new possibilities for international co‐operation, and increased recourse to the UN. The last decade has seen the Gulf War and a plethora of new and often complex peacekeeping operations, from Bosnia to Rwanda, and such increased demands and associated expectations have placed a spotlight on the role and functioning of the Security Council. Recent years have seen a greater recourse to informal consultations of Council members prior to Council meetings, and the search for consensual Council decision‐making has led to differences of opinion on both procedural and substantive matters being dealt with largely during such consultations. This has produced calls from non‐members for greater Council transparency. Other proposals, both from within and outside the UN, have advocated reforms to the Council's composition or working methods to ensure its continued effectiveness and legitimacy. The new edition attempts to reflect the many recent developments in the procedure of the Security Council, while still reflecting the considerable continuity that exists with the past. In particular, to illustrate and illuminate aspects of Council procedure, many examples have been used from the UN's early years, since this was the time when many of the original precedents were created. Some of the anecdotes that touch on the human side of Council diplomacy have also been retained. The new edition includes new information on the following: the Provisional Rules of Procedure; public and private meetings; consultations and briefings with non‐members and troop‐contributors, including transparency, Presidential briefings, and orientation debates; informal consultations and ‘Arria formula’ meetings; the appointment of the Secretary‐General of the UN; relationships with the UN General Assembly, the UN International Court of Justice, the UN Trusteeship Council, and the UN Military Staff Committee; subsidiary organs, including sanctions committees; the veto and Security Council membership; Chapter VII resolutions, UN peacekeeping and UN‐authorized enforcement; Council enlargement and de jure and de facto Charter amendments; changes in Council documentation; and ad hoc and regional groupings in the Council.
Jochen Prantl
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780199287680
- eISBN:
- 9780191603723
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199287686.001.0001
- Subject:
- Political Science, International Relations and Politics
This book examines the dynamics between informal groups of states and the UN Security Council in the management of conflicts in Namibia, El Salvador, and Kosovo. It sets forth three main arguments. ...
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This book examines the dynamics between informal groups of states and the UN Security Council in the management of conflicts in Namibia, El Salvador, and Kosovo. It sets forth three main arguments. Firstly, that informal groups of states are agents of incremental change. They proliferated in the 1990s out of the increasing demands on the United Nations to adapt to the new security environment of the post-bipolar world, without formally changing the constitutional foundation of the Organization. Secondly, that informal mechanisms may narrow the operational and participatory gap growing out of the multiple incapacities that prevent the Security Council from formulating an effective response to crisis situations. Informal groups of states may enhance Council governance if they strike a balance between competing demands of inclusiveness, efficiency, informality, transparency, and accountability. Thirdly, that the post-Cold War era has fostered an environment where the substance of conflict resolution and the process of its legitimation have become increasingly detached. The former tends to be delegated to informal groups or coalition of states, while the Security Council provides the latter. The successful merger of right process and substantive outcome may strengthen the legitimacy of the Council and make actions taken by informal settings more acceptable.Less
This book examines the dynamics between informal groups of states and the UN Security Council in the management of conflicts in Namibia, El Salvador, and Kosovo. It sets forth three main arguments. Firstly, that informal groups of states are agents of incremental change. They proliferated in the 1990s out of the increasing demands on the United Nations to adapt to the new security environment of the post-bipolar world, without formally changing the constitutional foundation of the Organization. Secondly, that informal mechanisms may narrow the operational and participatory gap growing out of the multiple incapacities that prevent the Security Council from formulating an effective response to crisis situations. Informal groups of states may enhance Council governance if they strike a balance between competing demands of inclusiveness, efficiency, informality, transparency, and accountability. Thirdly, that the post-Cold War era has fostered an environment where the substance of conflict resolution and the process of its legitimation have become increasingly detached. The former tends to be delegated to informal groups or coalition of states, while the Security Council provides the latter. The successful merger of right process and substantive outcome may strengthen the legitimacy of the Council and make actions taken by informal settings more acceptable.
Sydney D. Bailey and Sam Daws
- Published in print:
- 1998
- Published Online:
- November 2003
- ISBN:
- 9780198280736
- eISBN:
- 9780191598746
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280734.003.0006
- Subject:
- Political Science, International Relations and Politics
Discusses relations of the UN Security Council with other organs. The first organ discussed is the UN Military Staff Committee, for which a chronology of activities and instructions is given for the ...
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Discusses relations of the UN Security Council with other organs. The first organ discussed is the UN Military Staff Committee, for which a chronology of activities and instructions is given for the period 1946–1996. The next is the UN General Assembly: aspects of this body discussed include elections and appointments, annual and special reports, threats to peace and security, special sessions, subsidiary organs, action relating to UN membership, financing peacekeeping operations, and the election of non‐members of the Council. Other organs discussed are the UN Economic and Social Council, the UN Trusteeship Council (now of historical interest only), the UN International Court of Justice, and non‐governmental organizations. The final section of the chapter discusses the appointment of the Secretary‐General of the UN.Less
Discusses relations of the UN Security Council with other organs. The first organ discussed is the UN Military Staff Committee, for which a chronology of activities and instructions is given for the period 1946–1996. The next is the UN General Assembly: aspects of this body discussed include elections and appointments, annual and special reports, threats to peace and security, special sessions, subsidiary organs, action relating to UN membership, financing peacekeeping operations, and the election of non‐members of the Council. Other organs discussed are the UN Economic and Social Council, the UN Trusteeship Council (now of historical interest only), the UN International Court of Justice, and non‐governmental organizations. The final section of the chapter discusses the appointment of the Secretary‐General of the UN.
Jochen Prantl
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780199287680
- eISBN:
- 9780191603723
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199287686.003.0003
- Subject:
- Political Science, International Relations and Politics
This chapter examines the question of what triggered the emergence of informal groups of states in the form of the advisory committees in the 1950s, and argues that their establishment has to be seen ...
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This chapter examines the question of what triggered the emergence of informal groups of states in the form of the advisory committees in the 1950s, and argues that their establishment has to be seen against the background of great power tensions in the Security Council. The early stages of UN peacekeeping saw a shift of governance from the Security Council to the Secretary-General and the General Assembly, which fostered the emergence of informal ad hoc groupings of states. The formation of advisory committees reflected the desire of the Secretary-General to strengthen his voice vis-á-vis the Security Council. When the lack of unanimity of the permanent members prevented the Council from assuming its responsibilities, the General Assembly took charge by recommending collective measures. However, when the Security Council was able to act, its resolutions and mandates entrusted to the Secretary-General often reflected a political compromise based on the lowest common denominator among its members. The workings of the two advisory committees established in the context of crises at the Suez Canal (1956-67) and in the Congo (1960-4) illustrate these points further.Less
This chapter examines the question of what triggered the emergence of informal groups of states in the form of the advisory committees in the 1950s, and argues that their establishment has to be seen against the background of great power tensions in the Security Council. The early stages of UN peacekeeping saw a shift of governance from the Security Council to the Secretary-General and the General Assembly, which fostered the emergence of informal ad hoc groupings of states. The formation of advisory committees reflected the desire of the Secretary-General to strengthen his voice vis-á-vis the Security Council. When the lack of unanimity of the permanent members prevented the Council from assuming its responsibilities, the General Assembly took charge by recommending collective measures. However, when the Security Council was able to act, its resolutions and mandates entrusted to the Secretary-General often reflected a political compromise based on the lowest common denominator among its members. The workings of the two advisory committees established in the context of crises at the Suez Canal (1956-67) and in the Congo (1960-4) illustrate these points further.
Sir Adam Roberts
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.003.0005
- Subject:
- Political Science, International Relations and Politics
Demonstrates that the United Nations has been at the centre of key field operations and policy debates relating to humanitarian intervention since the end of the Cold War. However, the issue of ...
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Demonstrates that the United Nations has been at the centre of key field operations and policy debates relating to humanitarian intervention since the end of the Cold War. However, the issue of humanitarian intervention also poses a challenge to the UN and its member states, and could even undermine the organization. At the heart of the UN’s difficulty is a delicate balance between the rights of individuals and the rights of states. For its first 45 years, the body was associated with the principle of non-intervention and the non-use of force, yet, since 1990, it has endorsed a series of interventions for humanitarian purposes. After considering the history and causes of this shift, the author discusses nine cases of intervention between 1990 and 2001. These cases reveal a number of issues and controversies, including reliance on the UN Security Council for authorization, the stance of the UN Secretary General, and the impact of the 2002 National Security Strategy of the United States.Less
Demonstrates that the United Nations has been at the centre of key field operations and policy debates relating to humanitarian intervention since the end of the Cold War. However, the issue of humanitarian intervention also poses a challenge to the UN and its member states, and could even undermine the organization. At the heart of the UN’s difficulty is a delicate balance between the rights of individuals and the rights of states. For its first 45 years, the body was associated with the principle of non-intervention and the non-use of force, yet, since 1990, it has endorsed a series of interventions for humanitarian purposes. After considering the history and causes of this shift, the author discusses nine cases of intervention between 1990 and 2001. These cases reveal a number of issues and controversies, including reliance on the UN Security Council for authorization, the stance of the UN Secretary General, and the impact of the 2002 National Security Strategy of the United States.
David M. Malone
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780199278572
- eISBN:
- 9780191604119
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199278571.001.0001
- Subject:
- Political Science, International Relations and Politics
Spanning the last quarter century, this book examines the impact the United Nations Security Council has had on Iraq - and Iraq’s impact on the Security Council. Told largely in chronological ...
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Spanning the last quarter century, this book examines the impact the United Nations Security Council has had on Iraq - and Iraq’s impact on the Security Council. Told largely in chronological fashion, five phases of the story are here discerned. The first phase deals with the Council’s role as Cold War peacemaker during the Iran-Iraq war. The second phase involves its response to Iraq’s invasion of Kuwait. The third phase is characterized by ‘creeping unilateralism’, occurring within the context of a more multidisciplinary approach to peace operations. The fourth phase covers the period between 9/11 to the bombing of UN headquarters in Baghdad in August 2003. The fifth phase focuses on the Council’s efforts to find its feet in Iraq, and its contemplation of reform in its way of doing business.Less
Spanning the last quarter century, this book examines the impact the United Nations Security Council has had on Iraq - and Iraq’s impact on the Security Council. Told largely in chronological fashion, five phases of the story are here discerned. The first phase deals with the Council’s role as Cold War peacemaker during the Iran-Iraq war. The second phase involves its response to Iraq’s invasion of Kuwait. The third phase is characterized by ‘creeping unilateralism’, occurring within the context of a more multidisciplinary approach to peace operations. The fourth phase covers the period between 9/11 to the bombing of UN headquarters in Baghdad in August 2003. The fifth phase focuses on the Council’s efforts to find its feet in Iraq, and its contemplation of reform in its way of doing business.
David M. Malone
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780199278572
- eISBN:
- 9780191604119
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199278571.003.0001
- Subject:
- Political Science, International Relations and Politics
This introductory chapter begins with a brief description of the UN Security Council’s involvement in Iraq. It then provides background information on the Iraqi state, Saddam Hussein, the mood in the ...
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This introductory chapter begins with a brief description of the UN Security Council’s involvement in Iraq. It then provides background information on the Iraqi state, Saddam Hussein, the mood in the UN Security Council, post-Cold War US multilateralism, and the split between the P-5 (Permanent Five members of the Security Council). An overview of the chapters included in this volume is presented.Less
This introductory chapter begins with a brief description of the UN Security Council’s involvement in Iraq. It then provides background information on the Iraqi state, Saddam Hussein, the mood in the UN Security Council, post-Cold War US multilateralism, and the split between the P-5 (Permanent Five members of the Security Council). An overview of the chapters included in this volume is presented.
David M. Malone
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780199278572
- eISBN:
- 9780191604119
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199278571.003.0002
- Subject:
- Political Science, International Relations and Politics
This chapter discusses the first phase of UN involvement in Iraq, in which it acted as a Cold War Peacemaker and peacekeeper, using its neutral position eventually to broker a settlement between Iran ...
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This chapter discusses the first phase of UN involvement in Iraq, in which it acted as a Cold War Peacemaker and peacekeeper, using its neutral position eventually to broker a settlement between Iran and Iraq in 1987-88. It focuses on several critical moments during the Iran-Iraq war, the significance of which was overlooked at the time. First, the Security Council’s inadequate, indeed misguided, reaction to Iraq’s attack on Iran in 1980 that contributed to Saddam Hussein’s contempt for the UN. The UN’s involvement over the next decade provides a catalog of the measures available to it as a peace-broker in the Cold War years. A new phase is introduced, in which, with Cold War tensions subsiding, the P-5 working together could be more creative (and quietly assertive) than previously. A new era in P-5 relations and in the capacity of the UN to address hitherto intractable conflicts had dawned.Less
This chapter discusses the first phase of UN involvement in Iraq, in which it acted as a Cold War Peacemaker and peacekeeper, using its neutral position eventually to broker a settlement between Iran and Iraq in 1987-88. It focuses on several critical moments during the Iran-Iraq war, the significance of which was overlooked at the time. First, the Security Council’s inadequate, indeed misguided, reaction to Iraq’s attack on Iran in 1980 that contributed to Saddam Hussein’s contempt for the UN. The UN’s involvement over the next decade provides a catalog of the measures available to it as a peace-broker in the Cold War years. A new phase is introduced, in which, with Cold War tensions subsiding, the P-5 working together could be more creative (and quietly assertive) than previously. A new era in P-5 relations and in the capacity of the UN to address hitherto intractable conflicts had dawned.
David M. Malone
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780199278572
- eISBN:
- 9780191604119
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199278571.003.0003
- Subject:
- Political Science, International Relations and Politics
This chapter discusses the second phase of UN involvement in Iraq, which seemed to herald the emergence of the Security Council as a New World Order Policeman. The Security Council’s capacity to ...
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This chapter discusses the second phase of UN involvement in Iraq, which seemed to herald the emergence of the Security Council as a New World Order Policeman. The Security Council’s capacity to legitimize the use of force provided a legal basis for international action to expel Iraqi forces from Kuwait in 1991. The chapter recounts the diplomatic and military success of Operations Desert Shield and Desert Storm — mandated to compel the withdrawal of Iraq from Kuwait and conducted by a coalition of states — drawing legitimacy from Security Council decisions under Chapter VII of the UN Charter. Chapter VII also provided a newly assertive basis for traditional activities, such as ceasefire implementation and border-monitoring tasks, the Council gave to a new mission, UNIKOM, deployed along the border between Iraq and Kuwait. This new police role for UN peace operations was part of a larger ‘New World Order’ heralded by President George H. W. Bush, which seemed to hold the promise of an international rule of law, enforced by a united P-5 operating through the Security Council.Less
This chapter discusses the second phase of UN involvement in Iraq, which seemed to herald the emergence of the Security Council as a New World Order Policeman. The Security Council’s capacity to legitimize the use of force provided a legal basis for international action to expel Iraqi forces from Kuwait in 1991. The chapter recounts the diplomatic and military success of Operations Desert Shield and Desert Storm — mandated to compel the withdrawal of Iraq from Kuwait and conducted by a coalition of states — drawing legitimacy from Security Council decisions under Chapter VII of the UN Charter. Chapter VII also provided a newly assertive basis for traditional activities, such as ceasefire implementation and border-monitoring tasks, the Council gave to a new mission, UNIKOM, deployed along the border between Iraq and Kuwait. This new police role for UN peace operations was part of a larger ‘New World Order’ heralded by President George H. W. Bush, which seemed to hold the promise of an international rule of law, enforced by a united P-5 operating through the Security Council.
David M. Malone
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780199278572
- eISBN:
- 9780191604119
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199278571.003.0004
- Subject:
- Political Science, International Relations and Politics
This chapter discusses the third phase of UN involvement in Iraq, characterized by creeping unilateralism, occurring within the context of a more multidisciplinary approach to peace operations. That ...
More
This chapter discusses the third phase of UN involvement in Iraq, characterized by creeping unilateralism, occurring within the context of a more multidisciplinary approach to peace operations. That approach often incorporated humanitarian objectives into peace operations, as reflected in the deployment of UN ‘Guards’ to northern Iraq; but it was also characterized by the early resort (or reversion) by several Security Council members to unilateral action. The chapter specifically examines the imposition by France, the United Kingdom, and the United States of no-fly zones over Iraq in 1991 and 1992, and the launch of Operation Provide Comfort to protect Kurdish refugees in northern Iraq. This creeping unilateralism was a harbinger of further unilateral enforcement measures to come that would sunder the unity of the Security Council’s purpose on Iraq by 1998.Less
This chapter discusses the third phase of UN involvement in Iraq, characterized by creeping unilateralism, occurring within the context of a more multidisciplinary approach to peace operations. That approach often incorporated humanitarian objectives into peace operations, as reflected in the deployment of UN ‘Guards’ to northern Iraq; but it was also characterized by the early resort (or reversion) by several Security Council members to unilateral action. The chapter specifically examines the imposition by France, the United Kingdom, and the United States of no-fly zones over Iraq in 1991 and 1992, and the launch of Operation Provide Comfort to protect Kurdish refugees in northern Iraq. This creeping unilateralism was a harbinger of further unilateral enforcement measures to come that would sunder the unity of the Security Council’s purpose on Iraq by 1998.
David M. Malone
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780199278572
- eISBN:
- 9780191604119
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199278571.003.0005
- Subject:
- Political Science, International Relations and Politics
This chapter examines the inspections-plus-sanctions approach to Iraqi disarmament, which characterized the enforcement aspects of this third phase of UN involvement in Iraq. The sanctions regime ...
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This chapter examines the inspections-plus-sanctions approach to Iraqi disarmament, which characterized the enforcement aspects of this third phase of UN involvement in Iraq. The sanctions regime against Iraq stands as a paradigm of both the virtues and vices of the sanctions approach. It was the Iraq sanctions regime that demonstrated the utility and the challenges of Security Council subsidiary bodies operating as delegated regulators, through a supervisory committee established to monitor implementation of the sanctions. Although Haiti and other cases provided lessons, it was also the Iraq sanctions regime that demonstrated most clearly how a cunning target government could turn sanctions to its own ends, and how terrible the resulting cost to civilians might be.Less
This chapter examines the inspections-plus-sanctions approach to Iraqi disarmament, which characterized the enforcement aspects of this third phase of UN involvement in Iraq. The sanctions regime against Iraq stands as a paradigm of both the virtues and vices of the sanctions approach. It was the Iraq sanctions regime that demonstrated the utility and the challenges of Security Council subsidiary bodies operating as delegated regulators, through a supervisory committee established to monitor implementation of the sanctions. Although Haiti and other cases provided lessons, it was also the Iraq sanctions regime that demonstrated most clearly how a cunning target government could turn sanctions to its own ends, and how terrible the resulting cost to civilians might be.
David M. Malone
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780199278572
- eISBN:
- 9780191604119
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199278571.003.0006
- Subject:
- Political Science, International Relations and Politics
This chapter analyzes the disarmament of Iraq following the First Gulf War. Disarmament controlled by inspections and monitoring was the cornerstone of the vision set out for Iraq by SCR 687 in 1991. ...
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This chapter analyzes the disarmament of Iraq following the First Gulf War. Disarmament controlled by inspections and monitoring was the cornerstone of the vision set out for Iraq by SCR 687 in 1991. Weapons inspections were the administrative mechanism for the verification of Iraqi disarmament, with sanctions and the threat of force providing the incentive for Iraq to disarm. But for over a decade, Saddam Hussein successfully obscured the degree to which actual disarmament had been achieved, an uncertainty assessed very differently by Paris and Washington. The establishment of the UN Special Commission (UNSCOM) and the UN Monitoring, Verification, and Inspection Commission (UNMOVIC) is discussed.Less
This chapter analyzes the disarmament of Iraq following the First Gulf War. Disarmament controlled by inspections and monitoring was the cornerstone of the vision set out for Iraq by SCR 687 in 1991. Weapons inspections were the administrative mechanism for the verification of Iraqi disarmament, with sanctions and the threat of force providing the incentive for Iraq to disarm. But for over a decade, Saddam Hussein successfully obscured the degree to which actual disarmament had been achieved, an uncertainty assessed very differently by Paris and Washington. The establishment of the UN Special Commission (UNSCOM) and the UN Monitoring, Verification, and Inspection Commission (UNMOVIC) is discussed.
David M. Malone
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780199278572
- eISBN:
- 9780191604119
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199278571.003.0007
- Subject:
- Political Science, International Relations and Politics
This chapter discusses the fourth phase of UN involvement in Iraq, in which it was largely sidelined. Negotiations within the Security Council in late 2002 and early 2003 resulted in deadlock, and ...
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This chapter discusses the fourth phase of UN involvement in Iraq, in which it was largely sidelined. Negotiations within the Security Council in late 2002 and early 2003 resulted in deadlock, and the decision of a US and UK-led Coalition to overthrow Saddam Hussein forcibly without a Council mandate. The chapter also addresses the early Coalition occupation of Iraq; subsequent decisions by the Security Council to lend this international action a semblance of legal cover (without providing post facto authorization of the use of force against Saddam Hussein); the nascent Sunni-dominated insurgency against Coalition forces and their local allies; and the bombing of UN headquarters in Baghdad in August 2003 that was to traumatize UN staff and inhibit significant UN post-conflict roles on the ground.Less
This chapter discusses the fourth phase of UN involvement in Iraq, in which it was largely sidelined. Negotiations within the Security Council in late 2002 and early 2003 resulted in deadlock, and the decision of a US and UK-led Coalition to overthrow Saddam Hussein forcibly without a Council mandate. The chapter also addresses the early Coalition occupation of Iraq; subsequent decisions by the Security Council to lend this international action a semblance of legal cover (without providing post facto authorization of the use of force against Saddam Hussein); the nascent Sunni-dominated insurgency against Coalition forces and their local allies; and the bombing of UN headquarters in Baghdad in August 2003 that was to traumatize UN staff and inhibit significant UN post-conflict roles on the ground.
David M. Malone
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780199278572
- eISBN:
- 9780191604119
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199278571.003.0008
- Subject:
- Political Science, International Relations and Politics
This chapter examines events in Iraq during the most recent fifth phase of UN involvement. Having been largely sidelined on Iraq in the fourth phase, the UN underwent a Crisis of Confidence between ...
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This chapter examines events in Iraq during the most recent fifth phase of UN involvement. Having been largely sidelined on Iraq in the fourth phase, the UN underwent a Crisis of Confidence between 2004 and 2005, searching for a means to address its demotion. It is argued that that the deadlock in the Council over Iraq in 2003 had critically undermined the UN’s credibility globally, which no amount of activity elsewhere, notably in Africa, could recover. During this period, under Council resolutions, the UN was meant to be playing a ‘vital’ role in Iraq, but its margin for maneuver was circumscribed on the one hand by the continuing strong guiding hand of the United States in Iraqi affairs and on the other by the dreadful security situation in Iraq, precluding deployment of a large UN international staff. During these years, various aspects of the UN’s earlier activities in Iraq, notably the OFF Program, returned to haunt it, making 2004 Kofi Annan’s ‘annus horribilis’.Less
This chapter examines events in Iraq during the most recent fifth phase of UN involvement. Having been largely sidelined on Iraq in the fourth phase, the UN underwent a Crisis of Confidence between 2004 and 2005, searching for a means to address its demotion. It is argued that that the deadlock in the Council over Iraq in 2003 had critically undermined the UN’s credibility globally, which no amount of activity elsewhere, notably in Africa, could recover. During this period, under Council resolutions, the UN was meant to be playing a ‘vital’ role in Iraq, but its margin for maneuver was circumscribed on the one hand by the continuing strong guiding hand of the United States in Iraqi affairs and on the other by the dreadful security situation in Iraq, precluding deployment of a large UN international staff. During these years, various aspects of the UN’s earlier activities in Iraq, notably the OFF Program, returned to haunt it, making 2004 Kofi Annan’s ‘annus horribilis’.
David M. Malone
- Published in print:
- 2006
- Published Online:
- September 2006
- ISBN:
- 9780199278572
- eISBN:
- 9780191604119
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199278571.003.0009
- Subject:
- Political Science, International Relations and Politics
This chapter focuses on the instrumental approach of all five permanent members to the Council as a resource for their own purposes, in effect their instrumental multilateralism. It addresses ...
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This chapter focuses on the instrumental approach of all five permanent members to the Council as a resource for their own purposes, in effect their instrumental multilateralism. It addresses conceptions of legality, legitimacy, representation, and democracy in the Council, seeking to draw lessons from the Council’s drift into decision-making in a legal-regulatory (rather than politico-military) mode, not least with respect to accountability. It also examines some of the challenges the UN and its Member States face when attempting peacebuilding, perhaps better thought of as (responsible) state-building.Less
This chapter focuses on the instrumental approach of all five permanent members to the Council as a resource for their own purposes, in effect their instrumental multilateralism. It addresses conceptions of legality, legitimacy, representation, and democracy in the Council, seeking to draw lessons from the Council’s drift into decision-making in a legal-regulatory (rather than politico-military) mode, not least with respect to accountability. It also examines some of the challenges the UN and its Member States face when attempting peacebuilding, perhaps better thought of as (responsible) state-building.
August Reinisch (ed.)
- Published in print:
- 2010
- Published Online:
- January 2011
- ISBN:
- 9780199595297
- eISBN:
- 9780191595752
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199595297.001.0001
- Subject:
- Law, Constitutional and Administrative Law, Public International Law
The challenging of acts of international organizations before national courts is the focus of this book. After the Kadi-hype following the 2008 European Court of Justice judgment, this book ...
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The challenging of acts of international organizations before national courts is the focus of this book. After the Kadi-hype following the 2008 European Court of Justice judgment, this book demonstrates that problems of judicial review of acts of international organizations are relevant in many organizations and in many different contexts. This book presents a broad picture concerning potential challenges of acts of international organizations before national courts. It covers such diverse international organizations as the United Nations itself, its subsidiary organs, such as the specialized international criminal courts for the former Yugoslavia and Rwanda, the European Patent Office, the European Schools, EUROCONTROL, OPEC, or INTERPOL. Building on the case law of domestic courts, the chapters highlight similar legal issues according to four introductory working hypotheses. They relate to the nature of judicial review of acts of international organizations, its interdependence with domestic methods of incorporating international law, to the conditions of a human rights-based review and to the inter-relationship between domestic challenges and the safeguard of the independent functioning of international organizations. The book's conclusion brings the different findings together and analyses them in the light of the initial working hypotheses. It also discusses whether attempts to secure a certain minimum level of legal protection against acts of international organizations through judicial review by national courts may contribute to securing greater accountability of international organizations.Less
The challenging of acts of international organizations before national courts is the focus of this book. After the Kadi-hype following the 2008 European Court of Justice judgment, this book demonstrates that problems of judicial review of acts of international organizations are relevant in many organizations and in many different contexts. This book presents a broad picture concerning potential challenges of acts of international organizations before national courts. It covers such diverse international organizations as the United Nations itself, its subsidiary organs, such as the specialized international criminal courts for the former Yugoslavia and Rwanda, the European Patent Office, the European Schools, EUROCONTROL, OPEC, or INTERPOL. Building on the case law of domestic courts, the chapters highlight similar legal issues according to four introductory working hypotheses. They relate to the nature of judicial review of acts of international organizations, its interdependence with domestic methods of incorporating international law, to the conditions of a human rights-based review and to the inter-relationship between domestic challenges and the safeguard of the independent functioning of international organizations. The book's conclusion brings the different findings together and analyses them in the light of the initial working hypotheses. It also discusses whether attempts to secure a certain minimum level of legal protection against acts of international organizations through judicial review by national courts may contribute to securing greater accountability of international organizations.
Sydney D. Bailey and Sam Daws
- Published in print:
- 1998
- Published Online:
- November 2003
- ISBN:
- 9780198280736
- eISBN:
- 9780191598746
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280734.003.0003
- Subject:
- Political Science, International Relations and Politics
Looks at the people that make up the UN Security Council. It starts with sections on the Secretary‐General and the President, and goes on to discuss permanent members (of which there are five — from ...
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Looks at the people that make up the UN Security Council. It starts with sections on the Secretary‐General and the President, and goes on to discuss permanent members (of which there are five — from China, France, the Russian Federation, the United Kingdom and the United States) and non‐permanent members, of which details are given for each year from 1946 to 1997. The next section gives details of other participants in the UN Security Council: UN member states that are non‐members of the Council; the PLO/Permanent Observer for Palestine; the Federal Republic of Yugoslavia; UN member states that are non‐members of the Council in informal consultations of the whole; troop‐contributing states; individuals and regional organizations. The next two sections of the chapter discuss permanent missions of member states to the Council, and groups (bodies of UN members) within the Council with certain ideological or regional interests. The remaining sections discuss regionalism, credentials, the representation of China and diplomatic precedence.Less
Looks at the people that make up the UN Security Council. It starts with sections on the Secretary‐General and the President, and goes on to discuss permanent members (of which there are five — from China, France, the Russian Federation, the United Kingdom and the United States) and non‐permanent members, of which details are given for each year from 1946 to 1997. The next section gives details of other participants in the UN Security Council: UN member states that are non‐members of the Council; the PLO/Permanent Observer for Palestine; the Federal Republic of Yugoslavia; UN member states that are non‐members of the Council in informal consultations of the whole; troop‐contributing states; individuals and regional organizations. The next two sections of the chapter discuss permanent missions of member states to the Council, and groups (bodies of UN members) within the Council with certain ideological or regional interests. The remaining sections discuss regionalism, credentials, the representation of China and diplomatic precedence.
Sydney D. Bailey and Sam Daws
- Published in print:
- 1998
- Published Online:
- November 2003
- ISBN:
- 9780198280736
- eISBN:
- 9780191598746
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280734.003.0004
- Subject:
- Political Science, International Relations and Politics
Looks at diplomacy and debate at the UN Security Council, and the role of procedural rules and practice in these activities. The first four sections of the chapter describe the rules for: the order ...
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Looks at diplomacy and debate at the UN Security Council, and the role of procedural rules and practice in these activities. The first four sections of the chapter describe the rules for: the order of speakers; interrupting the speaker; the right of reply; and motions, proposals and suggestions — the various types of these are all defined. The next section discusses precedence motions (Rule 33), which are techniques available to the Council by which debate can be suspended or terminated, either to facilitate positive purposes, or to frustrate negative ones (such as filibustering); these include: suspension of the meeting; adjournment of the meeting either sine die or to a certain day or hour; reference of any matter to a committee, the Secretary‐General of the UN, or a rapporteur; postponement of the discussion to a certain day, or indefinitely; and introduction of an amendment; all of these are described separately. The remaining sections of the chapter discuss amendments, and statements before or after the vote.Less
Looks at diplomacy and debate at the UN Security Council, and the role of procedural rules and practice in these activities. The first four sections of the chapter describe the rules for: the order of speakers; interrupting the speaker; the right of reply; and motions, proposals and suggestions — the various types of these are all defined. The next section discusses precedence motions (Rule 33), which are techniques available to the Council by which debate can be suspended or terminated, either to facilitate positive purposes, or to frustrate negative ones (such as filibustering); these include: suspension of the meeting; adjournment of the meeting either sine die or to a certain day or hour; reference of any matter to a committee, the Secretary‐General of the UN, or a rapporteur; postponement of the discussion to a certain day, or indefinitely; and introduction of an amendment; all of these are described separately. The remaining sections of the chapter discuss amendments, and statements before or after the vote.
James Pattison
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199561049
- eISBN:
- 9780191722318
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199561049.003.0008
- Subject:
- Political Science, Comparative Politics, International Relations and Politics
From the discussion in the previous chapters, it is clear that we need to improve the agents and mechanisms of humanitarian intervention so that we can legitimately tackle egregious violations of ...
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From the discussion in the previous chapters, it is clear that we need to improve the agents and mechanisms of humanitarian intervention so that we can legitimately tackle egregious violations of human rights on a much more frequent basis. This chapter therefore considers five proposals for reform: (a) the codification of criteria for humanitarian intervention in international law; (b) the extension of UN standby arrangements; (c) the creation of a small cosmopolitan UN force; (d) the creation of a large‐sized cosmopolitan UN force under the control of cosmopolitan democratic institutions; and (e) the improvement of the capacity of regional organizations to undertake humanitarian intervention.Less
From the discussion in the previous chapters, it is clear that we need to improve the agents and mechanisms of humanitarian intervention so that we can legitimately tackle egregious violations of human rights on a much more frequent basis. This chapter therefore considers five proposals for reform: (a) the codification of criteria for humanitarian intervention in international law; (b) the extension of UN standby arrangements; (c) the creation of a small cosmopolitan UN force; (d) the creation of a large‐sized cosmopolitan UN force under the control of cosmopolitan democratic institutions; and (e) the improvement of the capacity of regional organizations to undertake humanitarian intervention.
David M. Malone
- Published in print:
- 2003
- Published Online:
- November 2003
- ISBN:
- 9780199261437
- eISBN:
- 9780191599309
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199261431.003.0004
- Subject:
- Political Science, International Relations and Politics
An examination is made of the evolution of US behaviour in the United Nations Security Council since the 1990s; this behaviour shows an inconsistency born out of a general suspicion of the ...
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An examination is made of the evolution of US behaviour in the United Nations Security Council since the 1990s; this behaviour shows an inconsistency born out of a general suspicion of the organization, particularly of its General Assembly, and the author demonstrates that US historical experience of the UN largely explains that suspicion. First provides some evidence of this US inconsistency of behaviour, with reference both to conflict resolution and humanitarian issues. Then goes on to explain the primary influences on this behaviour, arguing that US ambivalence towards the UN has been more affected by struggles over a New International Economic Order in the 1970s and US perceptions of unbalanced UN approaches to the Arab–Israeli dispute than by the end of the cold war. Having made special reference to America's chequered historical experience of the UN, the chapter examines the ways in which negative perceptions of the UN have played out in US domestic politics, particularly since the late 1990s. Finally, America's experience of the UN's expanded post‐cold‐war security agenda is reviewed, noting that the inherent tensions between the promotion of values and the promotion of interests, and the difficulties of relating means to ends, have come sharply to the fore during this period.Less
An examination is made of the evolution of US behaviour in the United Nations Security Council since the 1990s; this behaviour shows an inconsistency born out of a general suspicion of the organization, particularly of its General Assembly, and the author demonstrates that US historical experience of the UN largely explains that suspicion. First provides some evidence of this US inconsistency of behaviour, with reference both to conflict resolution and humanitarian issues. Then goes on to explain the primary influences on this behaviour, arguing that US ambivalence towards the UN has been more affected by struggles over a New International Economic Order in the 1970s and US perceptions of unbalanced UN approaches to the Arab–Israeli dispute than by the end of the cold war. Having made special reference to America's chequered historical experience of the UN, the chapter examines the ways in which negative perceptions of the UN have played out in US domestic politics, particularly since the late 1990s. Finally, America's experience of the UN's expanded post‐cold‐war security agenda is reviewed, noting that the inherent tensions between the promotion of values and the promotion of interests, and the difficulties of relating means to ends, have come sharply to the fore during this period.
