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.
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.
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.
JOSÉ E. ALVAREZ
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780198765639
- eISBN:
- 9780191710070
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198765639.003.0003
- Subject:
- Law, Public International Law
This chapter reintroduces international institutional law to the reader. It also discusses a survey of charter provisions in relation to the influence of international organization to law-making ...
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This chapter reintroduces international institutional law to the reader. It also discusses a survey of charter provisions in relation to the influence of international organization to law-making proceedings. This survey includes charters or constitutions that aspire to global membership and draws certain general conclusions from this textual review. The ‘external’ ripples of ‘internal’ law are explained, including the following: the Assembly's purse-string power, legal personality and its consequences, the alleged treaty basis for charter powers, the limits of enumerated powers, and the distinction between external and internal rule-making. The chapter also revisits the development of international law through the political organs of the United Nations by discussing statehood and participation, participation by non-state actors, and human rights and the shrinking concept of domestic jurisdiction.Less
This chapter reintroduces international institutional law to the reader. It also discusses a survey of charter provisions in relation to the influence of international organization to law-making proceedings. This survey includes charters or constitutions that aspire to global membership and draws certain general conclusions from this textual review. The ‘external’ ripples of ‘internal’ law are explained, including the following: the Assembly's purse-string power, legal personality and its consequences, the alleged treaty basis for charter powers, the limits of enumerated powers, and the distinction between external and internal rule-making. The chapter also revisits the development of international law through the political organs of the United Nations by discussing statehood and participation, participation by non-state actors, and human rights and the shrinking concept of domestic jurisdiction.
Nicholas J. Wheeler
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199253104
- eISBN:
- 9780191600302
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199253102.003.0003
- Subject:
- Political Science, International Relations and Politics
Examines the justifications, motives, and outcomes surrounding India's use of force against Pakistan in December 1971. It shows how international society as reflected in the positions taken by the ...
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Examines the justifications, motives, and outcomes surrounding India's use of force against Pakistan in December 1971. It shows how international society as reflected in the positions taken by the Security Council and the General Assembly interpreted India's action as a breach of the legal rules prohibiting the use of force rather than as a rescue of the Bengali people.Less
Examines the justifications, motives, and outcomes surrounding India's use of force against Pakistan in December 1971. It shows how international society as reflected in the positions taken by the Security Council and the General Assembly interpreted India's action as a breach of the legal rules prohibiting the use of force rather than as a rescue of the Bengali people.
Michael Banton
- Published in print:
- 1996
- Published Online:
- November 2003
- ISBN:
- 9780198280613
- eISBN:
- 9780191598760
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0198280610.001.0001
- Subject:
- Political Science, International Relations and Politics
The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) was, in 1969, the first of the UN human rights treaties to come into force. Many of the 143 states that ...
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The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) was, in 1969, the first of the UN human rights treaties to come into force. Many of the 143 states that by 1995 had become parties to it did not initially appreciate how extensive were the obligations they had assumed. They undertook to submit periodic reports; these have to be examined by the Committee on the Elimination of Racial Discrimination (CERD), which in turn reports to the UN General Assembly. During the years 1970–1995, CERD has greatly improved international oversight of governmental action in this field, but understanding of what is entailed in the prohibition of this form of discrimination is still limited. Further progress depends upon a triangular relationship between states parties, the treaty monitoring body, and members of the public within states parties.Less
The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) was, in 1969, the first of the UN human rights treaties to come into force. Many of the 143 states that by 1995 had become parties to it did not initially appreciate how extensive were the obligations they had assumed. They undertook to submit periodic reports; these have to be examined by the Committee on the Elimination of Racial Discrimination (CERD), which in turn reports to the UN General Assembly. During the years 1970–1995, CERD has greatly improved international oversight of governmental action in this field, but understanding of what is entailed in the prohibition of this form of discrimination is still limited. Further progress depends upon a triangular relationship between states parties, the treaty monitoring body, and members of the public within states parties.
Daniel H. Joyner
- Published in print:
- 2009
- Published Online:
- May 2009
- ISBN:
- 9780199204908
- eISBN:
- 9780191709470
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199204908.003.0004
- Subject:
- Law, Public International Law
This chapter discusses the role of the United Nations political bodies in creating, facilitating, maintaining, and enforcing international law on the subject of the proliferation of weapons of mass ...
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This chapter discusses the role of the United Nations political bodies in creating, facilitating, maintaining, and enforcing international law on the subject of the proliferation of weapons of mass destruction. As the cornerstone international organization in the area of international peace and security, the United Nations has had a long history of engagement with the issue of WMD proliferation, beginning with the very first General Assembly Resolution on January 24, 1946. The UN Charter itself gives to the political bodies of the organization specific powers to participate in the creation of new international law on issues of WMD proliferation, as well as special powers of enforcement of non-proliferation law to the UN Security Council.Less
This chapter discusses the role of the United Nations political bodies in creating, facilitating, maintaining, and enforcing international law on the subject of the proliferation of weapons of mass destruction. As the cornerstone international organization in the area of international peace and security, the United Nations has had a long history of engagement with the issue of WMD proliferation, beginning with the very first General Assembly Resolution on January 24, 1946. The UN Charter itself gives to the political bodies of the organization specific powers to participate in the creation of new international law on issues of WMD proliferation, as well as special powers of enforcement of non-proliferation law to the UN Security Council.
JOSÉ E. ALVAREZ
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780198765639
- eISBN:
- 9780191710070
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198765639.003.0004
- Subject:
- Law, Public International Law
This chapter discusses the varied forms of international institutional law. It looks into the role of the Security Council as law-maker and its position between power and law. A selective survey on ...
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This chapter discusses the varied forms of international institutional law. It looks into the role of the Security Council as law-maker and its position between power and law. A selective survey on the standard-setting in other international organizations is also presented. The survey mentions the Codex Alimentarius, ICAO's standards and recommended practices, international organizations ‘advisory’ material, ILO recommendations, and IAEA standards. Also mentioned are the FAO's and UNEP's prior informed consent regime, WTO Soft Law, the WHO's Code on marketing of breast-milk substitutes, the World Bank guidelines, IMF conditionality, and emerging global administrative law. The chapter ends with interim conclusions that are at odds with the standard accounts of the limited role of international organizations in law-making and that describe the emerging global administrative law that these organizations produce.Less
This chapter discusses the varied forms of international institutional law. It looks into the role of the Security Council as law-maker and its position between power and law. A selective survey on the standard-setting in other international organizations is also presented. The survey mentions the Codex Alimentarius, ICAO's standards and recommended practices, international organizations ‘advisory’ material, ILO recommendations, and IAEA standards. Also mentioned are the FAO's and UNEP's prior informed consent regime, WTO Soft Law, the WHO's Code on marketing of breast-milk substitutes, the World Bank guidelines, IMF conditionality, and emerging global administrative law. The chapter ends with interim conclusions that are at odds with the standard accounts of the limited role of international organizations in law-making and that describe the emerging global administrative law that these organizations produce.
Vesselin Popovski
- Published in print:
- 2018
- Published Online:
- March 2018
- ISBN:
- 9780198805373
- eISBN:
- 9780191843440
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198805373.003.0015
- Subject:
- Political Science, International Relations and Politics
This chapter critically examines the process of reform of three principal organs of the United Nations: the General Assembly, the Security Council, and the Secretariat. It discusses the shortcomings ...
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This chapter critically examines the process of reform of three principal organs of the United Nations: the General Assembly, the Security Council, and the Secretariat. It discusses the shortcomings and obstacles of the process and recommends how to move forward. The purpose of reform is to enhance both justice and security by forging more equal representation and allowing more efficient responses to threats to the peace. The chapter offers innovative ideas for revitalizing the General Assembly, improving the selection of UN Secretaries-General, and altering the Security Council’s composition according to a model of “8 + 8 + 8”—a mix of permanent, renewable, and non-renewable seats.Less
This chapter critically examines the process of reform of three principal organs of the United Nations: the General Assembly, the Security Council, and the Secretariat. It discusses the shortcomings and obstacles of the process and recommends how to move forward. The purpose of reform is to enhance both justice and security by forging more equal representation and allowing more efficient responses to threats to the peace. The chapter offers innovative ideas for revitalizing the General Assembly, improving the selection of UN Secretaries-General, and altering the Security Council’s composition according to a model of “8 + 8 + 8”—a mix of permanent, renewable, and non-renewable seats.
Nigel Rodley and Matt Pollard
- Published in print:
- 2011
- Published Online:
- April 2015
- ISBN:
- 9780199693566
- eISBN:
- 9780191807503
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199693566.003.0006
- Subject:
- Law, Human Rights and Immigration
This chapter investigates the mechanisms that have been or are being established with a view to securing international action to protect people from being tortured or ill-treated. It deals briefly ...
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This chapter investigates the mechanisms that have been or are being established with a view to securing international action to protect people from being tortured or ill-treated. It deals briefly with reviewing a number of developments of the mechanisms in the UN General Assembly, the UN Commission on Human Rights, and the Sub-Commission on the Promotion and Protection of Human Rights. It then describes the later developments that have involved major advances in the field: the provision for a Committee against Torture to be created under the Convention against Torture, and the establishment of a United Nations Voluntary Fund. In addition, it describes the context of ‘preventive’ mechanisms such as the European Committee for the Prevention of Torture and the UN Subcommittee on Prevention of Torture.Less
This chapter investigates the mechanisms that have been or are being established with a view to securing international action to protect people from being tortured or ill-treated. It deals briefly with reviewing a number of developments of the mechanisms in the UN General Assembly, the UN Commission on Human Rights, and the Sub-Commission on the Promotion and Protection of Human Rights. It then describes the later developments that have involved major advances in the field: the provision for a Committee against Torture to be created under the Convention against Torture, and the establishment of a United Nations Voluntary Fund. In addition, it describes the context of ‘preventive’ mechanisms such as the European Committee for the Prevention of Torture and the UN Subcommittee on Prevention of Torture.
Loraine Sievers and Sam Daws
- Published in print:
- 2014
- Published Online:
- February 2015
- ISBN:
- 9780199685295
- eISBN:
- 9780191803741
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199685295.003.0004
- Subject:
- Political Science, International Relations and Politics
This chapter focuses on the UN Security Council’s authority to convene meetings as embodied in its Provisional Rules of Procedures. It first considers the instances when the Council President shall ...
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This chapter focuses on the UN Security Council’s authority to convene meetings as embodied in its Provisional Rules of Procedures. It first considers the instances when the Council President shall call a meeting and cases where an agenda item may be rejected, along with the meaning of the term ‘agenda’ in the context of the Council. It then turns to a discussion of the Summary Statement of matters of which the Security Council is seized, which is issued each week by the Secretary-General pursuant to Rule 11 of the Provisional Rules of Procedure. It also looks at Article 12(2) of the UN Charter requiring the Secretary-General to notify the UN General Assembly each year of any matters relating to the maintenance of international peace and security. Finally, the chapter cites the Provisional Rules of Procedure requiring no rule in establishing a quorum, along with the notice and timing of Council meetings.Less
This chapter focuses on the UN Security Council’s authority to convene meetings as embodied in its Provisional Rules of Procedures. It first considers the instances when the Council President shall call a meeting and cases where an agenda item may be rejected, along with the meaning of the term ‘agenda’ in the context of the Council. It then turns to a discussion of the Summary Statement of matters of which the Security Council is seized, which is issued each week by the Secretary-General pursuant to Rule 11 of the Provisional Rules of Procedure. It also looks at Article 12(2) of the UN Charter requiring the Secretary-General to notify the UN General Assembly each year of any matters relating to the maintenance of international peace and security. Finally, the chapter cites the Provisional Rules of Procedure requiring no rule in establishing a quorum, along with the notice and timing of Council meetings.
José E. Alvarez
- Published in print:
- 2006
- Published Online:
- January 2010
- ISBN:
- 9780198765639
- eISBN:
- 9780191710070
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198765639.001.0001
- Subject:
- Law, Public International Law
This book addresses how international organizations with a global reach, such as the UN and the WTO, have changed the mechanisms and reasoning behind the making, implementation, and enforcement of ...
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This book addresses how international organizations with a global reach, such as the UN and the WTO, have changed the mechanisms and reasoning behind the making, implementation, and enforcement of international law. It argues that existing descriptions of international law and international organizations do not do justice to the complex changes resulting from the increased importance of these institutions after World War II and then after the end of the Cold War. In particular, this book examines the impact of the institutions on international law through the day-to-day application and interpretation of institutional law, the making of multilateral treaties, and the decisions of a proliferating number of institutionalized dispute settlers. Part I re-examines the law resulting from the activity of political organs, such as the UN General Assembly and Security Council, technocratic entities within UN specialized agencies, and international financial institutions such as the IMF, and considers their impact on the once sacrosanct ‘domestic jurisdiction’ of states. Part II assesses the impact of the move towards institutions on treaty-making. It addresses the interplay between negotiating venues and procedures and interstate cooperation and asks whether the involvement of international organizations has made modern treaties ‘better’. Part III examines the proliferation of institutionalized dispute settlers, from the UN Secretary General to the WTO's dispute settlement body, and re-examines their role as both settlers of disputes and law-makers. The final chapter considers the promise and the perils of the turn to formal institutions for the making of the new kinds of ‘soft’ and ‘hard’ global law, including the potential for forms of hegemonic international law.Less
This book addresses how international organizations with a global reach, such as the UN and the WTO, have changed the mechanisms and reasoning behind the making, implementation, and enforcement of international law. It argues that existing descriptions of international law and international organizations do not do justice to the complex changes resulting from the increased importance of these institutions after World War II and then after the end of the Cold War. In particular, this book examines the impact of the institutions on international law through the day-to-day application and interpretation of institutional law, the making of multilateral treaties, and the decisions of a proliferating number of institutionalized dispute settlers. Part I re-examines the law resulting from the activity of political organs, such as the UN General Assembly and Security Council, technocratic entities within UN specialized agencies, and international financial institutions such as the IMF, and considers their impact on the once sacrosanct ‘domestic jurisdiction’ of states. Part II assesses the impact of the move towards institutions on treaty-making. It addresses the interplay between negotiating venues and procedures and interstate cooperation and asks whether the involvement of international organizations has made modern treaties ‘better’. Part III examines the proliferation of institutionalized dispute settlers, from the UN Secretary General to the WTO's dispute settlement body, and re-examines their role as both settlers of disputes and law-makers. The final chapter considers the promise and the perils of the turn to formal institutions for the making of the new kinds of ‘soft’ and ‘hard’ global law, including the potential for forms of hegemonic international law.
Nigel Rodley and Matt Pollard
- Published in print:
- 2011
- Published Online:
- April 2015
- ISBN:
- 9780199693566
- eISBN:
- 9780191807503
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199693566.003.0012
- Subject:
- Law, Human Rights and Immigration
This chapter focuses on the legal safeguards against arbitrary arrest and detention: the right to immediate and continuing assistance; the right to communicate with family members; restriction of the ...
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This chapter focuses on the legal safeguards against arbitrary arrest and detention: the right to immediate and continuing assistance; the right to communicate with family members; restriction of the length of interrogation sessions and provision of adequate periods for rest and refreshment; medical examination before and after interrogation; detailed recording of all relevant facts concerning interrogation; a requirement that arrested persons be brought before a judge within 24 hours and thereafter kept in custody only under order and supervision of the court; and adequate remedies for bringing complaints of illegal detention or ill-treatment before the court without any delay. It also discusses the development of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment adopted by the UN General Assembly.Less
This chapter focuses on the legal safeguards against arbitrary arrest and detention: the right to immediate and continuing assistance; the right to communicate with family members; restriction of the length of interrogation sessions and provision of adequate periods for rest and refreshment; medical examination before and after interrogation; detailed recording of all relevant facts concerning interrogation; a requirement that arrested persons be brought before a judge within 24 hours and thereafter kept in custody only under order and supervision of the court; and adequate remedies for bringing complaints of illegal detention or ill-treatment before the court without any delay. It also discusses the development of the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment adopted by the UN General Assembly.
Patrick Thornberry
- Published in print:
- 2002
- Published Online:
- July 2012
- ISBN:
- 9780719037931
- eISBN:
- 9781781700617
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719037931.003.0006
- Subject:
- History, World Modern History
The International Covenant on Civil and Political Rights (ICCPR) was adopted by the UN General Assembly and entered into force on 23 March 1976. The Covenant has been ratified by 148 States, ...
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The International Covenant on Civil and Political Rights (ICCPR) was adopted by the UN General Assembly and entered into force on 23 March 1976. The Covenant has been ratified by 148 States, including many with significant indigenous populations. The Covenant is a complex statement of rights incorporating several domains of discourse: those of collective rights (self-determination), undifferentiated individual rights (most of the text), and minority rights (Article 27); it does not include a specific article on indigenous rights. The First Optional Protocol to the ICCPR, which allows for communications from individuals who claim to be victims of violations of Covenant rights, has 98 States' parties. In the main text of the ICCPR and the Optional Protocol, procedures for implementation centre on the eighteen-member Human Rights Committee (HRC), elected as independent experts by secret ballot of the States' parties. The Committee formally takes decisions by simple majority, but working methods allow for attempts to reach a consensus—an approach ‘which has been the rule ever since the Committee' inception’.Less
The International Covenant on Civil and Political Rights (ICCPR) was adopted by the UN General Assembly and entered into force on 23 March 1976. The Covenant has been ratified by 148 States, including many with significant indigenous populations. The Covenant is a complex statement of rights incorporating several domains of discourse: those of collective rights (self-determination), undifferentiated individual rights (most of the text), and minority rights (Article 27); it does not include a specific article on indigenous rights. The First Optional Protocol to the ICCPR, which allows for communications from individuals who claim to be victims of violations of Covenant rights, has 98 States' parties. In the main text of the ICCPR and the Optional Protocol, procedures for implementation centre on the eighteen-member Human Rights Committee (HRC), elected as independent experts by secret ballot of the States' parties. The Committee formally takes decisions by simple majority, but working methods allow for attempts to reach a consensus—an approach ‘which has been the rule ever since the Committee' inception’.
Patrick Thornberry
- Published in print:
- 2002
- Published Online:
- July 2012
- ISBN:
- 9780719037931
- eISBN:
- 9781781700617
- Item type:
- chapter
- Publisher:
- Manchester University Press
- DOI:
- 10.7228/manchester/9780719037931.003.0009
- Subject:
- History, World Modern History
The major instrument of the UN devoted to the issue of race discrimination is the International Convention on the Elimination of All Forms of Racial Discrimination. The Convention was adopted by the ...
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The major instrument of the UN devoted to the issue of race discrimination is the International Convention on the Elimination of All Forms of Racial Discrimination. The Convention was adopted by the General Assembly on 21 December 1965 and entered into force on 4 January 1969. By December 2001, the Convention had 161 States' parties. The text incorporates a preamble of twelve paragraphs, seven substantive articles (Part I of the Convention), a further nine articles addressing implementation (Part II) and nine articles on entry into force, denunciation, revision, reservations, etc. (Part III).Less
The major instrument of the UN devoted to the issue of race discrimination is the International Convention on the Elimination of All Forms of Racial Discrimination. The Convention was adopted by the General Assembly on 21 December 1965 and entered into force on 4 January 1969. By December 2001, the Convention had 161 States' parties. The text incorporates a preamble of twelve paragraphs, seven substantive articles (Part I of the Convention), a further nine articles addressing implementation (Part II) and nine articles on entry into force, denunciation, revision, reservations, etc. (Part III).
Nigel Rodley and Matt Pollard
- Published in print:
- 2011
- Published Online:
- April 2015
- ISBN:
- 9780199693566
- eISBN:
- 9780191807503
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:osobl/9780199693566.003.0011
- Subject:
- Law, Human Rights and Immigration
This chapter briefly assesses the geographical scope of the practice of corporal punishment and investigates reports of the rare occasions upon which it has been considered by the General Assembly ...
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This chapter briefly assesses the geographical scope of the practice of corporal punishment and investigates reports of the rare occasions upon which it has been considered by the General Assembly and other UN bodies. It compares the Third and Fourth Geneva Conventions' prohibition of corporal punishment and takes on the question whether the infliction of corporal punishment would entail a grave breach of the Conventions within their respective meaning. In the environment of international human rights law, the chapter studies the UN Standard Minimum Rules for the Treatment of Prisoners definition of corporate punishment. Furthermore, it analyses the Tyrer v. United Kingdom case brought before the European Commission of Human Rights to test the compatibility of jurisdiction under the European Convention on Human Rights.Less
This chapter briefly assesses the geographical scope of the practice of corporal punishment and investigates reports of the rare occasions upon which it has been considered by the General Assembly and other UN bodies. It compares the Third and Fourth Geneva Conventions' prohibition of corporal punishment and takes on the question whether the infliction of corporal punishment would entail a grave breach of the Conventions within their respective meaning. In the environment of international human rights law, the chapter studies the UN Standard Minimum Rules for the Treatment of Prisoners definition of corporate punishment. Furthermore, it analyses the Tyrer v. United Kingdom case brought before the European Commission of Human Rights to test the compatibility of jurisdiction under the European Convention on Human Rights.
Mohamed Bennouna
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199691661
- eISBN:
- 9780191738593
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199691661.003.0023
- Subject:
- Law, Public International Law
The problem of coordination between international courts and tribunals arises as a result of the existence of numerous tribunals interpreting and applying international law. This problem is due to ...
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The problem of coordination between international courts and tribunals arises as a result of the existence of numerous tribunals interpreting and applying international law. This problem is due to the horizontal, autonomous, and non-hierarchical relationships between these courts. The need for coordination arises in two respects: the jurisdiction of certain courts may overlap; and the substantive law that each court ‘produces’ can cause disparities in the interpretation and application of international law. For the purposes of coordination, one should consider the creation by the UN General Assembly of a new expert body, modelled on the International Law Commission, which would ensure ‘the progressive development of international law and its codification’. The task of this expert body would be to identify and analyse the potential divergences in the interpretation and application of general international law, as well as the consequences thereof.Less
The problem of coordination between international courts and tribunals arises as a result of the existence of numerous tribunals interpreting and applying international law. This problem is due to the horizontal, autonomous, and non-hierarchical relationships between these courts. The need for coordination arises in two respects: the jurisdiction of certain courts may overlap; and the substantive law that each court ‘produces’ can cause disparities in the interpretation and application of international law. For the purposes of coordination, one should consider the creation by the UN General Assembly of a new expert body, modelled on the International Law Commission, which would ensure ‘the progressive development of international law and its codification’. The task of this expert body would be to identify and analyse the potential divergences in the interpretation and application of general international law, as well as the consequences thereof.
James Ker-Lindsay
- Published in print:
- 2015
- Published Online:
- May 2015
- ISBN:
- 9780198717515
- eISBN:
- 9780191787058
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198717515.003.0002
- Subject:
- Law, Public International Law, Human Rights and Immigration
In the months prior to Kosovo’s declaration of independence, the Serbian Government began devising a range of political, economic and legal responses to that territory’s decision to secede. At the ...
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In the months prior to Kosovo’s declaration of independence, the Serbian Government began devising a range of political, economic and legal responses to that territory’s decision to secede. At the core of the legal approach was a decision to refer the matter to the International Court of Justice. However, this raised a number of important questions. Should it try to challenge the declaration or the decision of countries to recognize an independent Kosovo? Serbia decided to seek an advisory opinion from the Court. This required support from the UN General Assembly. Despite opposition from key international supporters of Kosovo’s independence, Serbia engaged in an intense period of diplomacy to persuade countries to support its request. This chapter examines how Serbia brought the question of Kosovo’s declaration of independence to the Court, the political problems it encountered, and why it was ultimately successful in placing its cause before the Court.Less
In the months prior to Kosovo’s declaration of independence, the Serbian Government began devising a range of political, economic and legal responses to that territory’s decision to secede. At the core of the legal approach was a decision to refer the matter to the International Court of Justice. However, this raised a number of important questions. Should it try to challenge the declaration or the decision of countries to recognize an independent Kosovo? Serbia decided to seek an advisory opinion from the Court. This required support from the UN General Assembly. Despite opposition from key international supporters of Kosovo’s independence, Serbia engaged in an intense period of diplomacy to persuade countries to support its request. This chapter examines how Serbia brought the question of Kosovo’s declaration of independence to the Court, the political problems it encountered, and why it was ultimately successful in placing its cause before the Court.
J. D. B. Miller
- Published in print:
- 1991
- Published Online:
- October 2011
- ISBN:
- 9780198202417
- eISBN:
- 9780191675348
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198202417.003.0015
- Subject:
- History, British and Irish Modern History, Middle East History
This chapter explains how anti-United Nations sentiment coloured Australian views at the time, in part because of the backlash against the unstable and legalistic leader of the opposition, H. V. ...
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This chapter explains how anti-United Nations sentiment coloured Australian views at the time, in part because of the backlash against the unstable and legalistic leader of the opposition, H. V. Evatt, who had been President of the UN General Assembly. The Prime Minister, R. G. Menzies, did not believe that Nasser's action was legally valid. It was Menzies who was entrusted with a mission by John Foster Dulles and Anthony Eden to travel to Egypt in early September 1956 to secure Nasser's acceptance of the proposal for an international agency to manage the Canal. He found Nasser to be a man of ‘immature intelligence’. Menzies himself afterwards publicly denounced the Egyptian tactics of ‘smash and grab’.Less
This chapter explains how anti-United Nations sentiment coloured Australian views at the time, in part because of the backlash against the unstable and legalistic leader of the opposition, H. V. Evatt, who had been President of the UN General Assembly. The Prime Minister, R. G. Menzies, did not believe that Nasser's action was legally valid. It was Menzies who was entrusted with a mission by John Foster Dulles and Anthony Eden to travel to Egypt in early September 1956 to secure Nasser's acceptance of the proposal for an international agency to manage the Canal. He found Nasser to be a man of ‘immature intelligence’. Menzies himself afterwards publicly denounced the Egyptian tactics of ‘smash and grab’.
Lawrence S. Kaplan
- Published in print:
- 2017
- Published Online:
- September 2018
- ISBN:
- 9780813174860
- eISBN:
- 9780813174877
- Item type:
- chapter
- Publisher:
- University Press of Kentucky
- DOI:
- 10.5810/kentucky/9780813174860.003.0008
- Subject:
- History, Political History
In March 1957 a second round of talks of the UN Subcommittee on Disarmament began in London. Stassen remained the chief US delegate and exhibited his usual exuberant optimism. However, it would have ...
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In March 1957 a second round of talks of the UN Subcommittee on Disarmament began in London. Stassen remained the chief US delegate and exhibited his usual exuberant optimism. However, it would have been impossible for him to miss the signal sent from the White House when his disarmament duties were shifted to the State Department on March 1. The experience could not have been more humiliating. Although Stassen understood that he had many enemies in the administration who were pleased with the downgrading of his office, as always, he looked on the positive side of his situation. The inveterate optimist saw glimpses of light in Premier Bulganin’s correspondence with President Eisenhower. Stassen had originally believed that a test ban should be embedded in a complete disarmament package. But if this objective was unattainable, Bulganin presented the alternative of aerial inspections of preselected areas. Could this compromise lead to a more ambitious program?Less
In March 1957 a second round of talks of the UN Subcommittee on Disarmament began in London. Stassen remained the chief US delegate and exhibited his usual exuberant optimism. However, it would have been impossible for him to miss the signal sent from the White House when his disarmament duties were shifted to the State Department on March 1. The experience could not have been more humiliating. Although Stassen understood that he had many enemies in the administration who were pleased with the downgrading of his office, as always, he looked on the positive side of his situation. The inveterate optimist saw glimpses of light in Premier Bulganin’s correspondence with President Eisenhower. Stassen had originally believed that a test ban should be embedded in a complete disarmament package. But if this objective was unattainable, Bulganin presented the alternative of aerial inspections of preselected areas. Could this compromise lead to a more ambitious program?
