Hans van Houtte, Hans Das, and Bart Delmartino
- Published in print:
- 2006
- Published Online:
- May 2006
- ISBN:
- 9780199291922
- eISBN:
- 9780191603716
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199291926.003.0010
- Subject:
- Political Science, International Relations and Politics
In the aftermath of the 1990-1991 Gulf War, the UN Security Council determined that Iraq was liable under international law for any direct damage resulting from its unlawful invasion and occupation ...
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In the aftermath of the 1990-1991 Gulf War, the UN Security Council determined that Iraq was liable under international law for any direct damage resulting from its unlawful invasion and occupation of Kuwait. The United Nations Compensation Commission (UNCC) was established to process the claims against Iraq. Since 1991, the UNCC has received approximately 2.6 million claims, which it has subdivided in six categories, depending on the status of the claimant, the type of loss, and the amount claimed. For certain claims, the UNCC has established fixed compensation standards, rather than assessing the exact amount of the loss. Other innovative features include mass claims resolution techniques and methodologies such as data matching, grouping, and sampling. The reparation process was funded through oil exports under the oil-for-food program. A share of originally 30% and later 25% of the proceeds was reserved for compensation. The oil-for-food program was terminated after the new war in Iraq in 2003, and the share of oil revenues dedicated to reparation was lowered to 5%. As of June 2005, the UNCC has decided nearly all claims.Less
In the aftermath of the 1990-1991 Gulf War, the UN Security Council determined that Iraq was liable under international law for any direct damage resulting from its unlawful invasion and occupation of Kuwait. The United Nations Compensation Commission (UNCC) was established to process the claims against Iraq. Since 1991, the UNCC has received approximately 2.6 million claims, which it has subdivided in six categories, depending on the status of the claimant, the type of loss, and the amount claimed. For certain claims, the UNCC has established fixed compensation standards, rather than assessing the exact amount of the loss. Other innovative features include mass claims resolution techniques and methodologies such as data matching, grouping, and sampling. The reparation process was funded through oil exports under the oil-for-food program. A share of originally 30% and later 25% of the proceeds was reserved for compensation. The oil-for-food program was terminated after the new war in Iraq in 2003, and the share of oil revenues dedicated to reparation was lowered to 5%. As of June 2005, the UNCC has decided nearly all claims.
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.
Dominik Zaum
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199207435
- eISBN:
- 9780191708671
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207435.003.0003
- Subject:
- Political Science, International Relations and Politics
The first part of this chapter briefly explores the history of international administrations since the early 20th century, including administrations under the League of Nations and in the context of ...
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The first part of this chapter briefly explores the history of international administrations since the early 20th century, including administrations under the League of Nations and in the context of decolonization during the cold war. It provides the historical context in which contemporary international administrations are embedded, identifying precedents, ideas, and traditions on which contemporary international administrations draw. The second part discusses the sources of authority of international administrations. Drawing on the discussion of authority in the preceding chapter, it identifies five sources of authority, and analyses to what extent they are reflected in the mandates of the international administrations in Bosnia and Herzegovina, Kosovo, and East Timor. It concludes by discussing the issues of accountability and liability of international administrations.Less
The first part of this chapter briefly explores the history of international administrations since the early 20th century, including administrations under the League of Nations and in the context of decolonization during the cold war. It provides the historical context in which contemporary international administrations are embedded, identifying precedents, ideas, and traditions on which contemporary international administrations draw. The second part discusses the sources of authority of international administrations. Drawing on the discussion of authority in the preceding chapter, it identifies five sources of authority, and analyses to what extent they are reflected in the mandates of the international administrations in Bosnia and Herzegovina, Kosovo, and East Timor. It concludes by discussing the issues of accountability and liability of international administrations.
Dominik Zaum
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199207435
- eISBN:
- 9780191708671
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207435.003.0006
- Subject:
- Political Science, International Relations and Politics
This third case study chapter analyses the statebuilding activities of the United Nations Transitional Administration of East Timor (UNTAET). It is divided into three parts. The first part outlines ...
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This third case study chapter analyses the statebuilding activities of the United Nations Transitional Administration of East Timor (UNTAET). It is divided into three parts. The first part outlines the background to the intervention, the scope and evolution of international authority, and the transition to self-governance and Timorese independence. The remaining two sections are case studies of statebuilding in East Timor: the establishment of a new judicial system, and the reform of the civil service. The case studies show how these reforms are informed by the new ‘standard of civilisation’, and how these norms compete with other, local traditional normative frameworks and understandings of authority, compromising the effectiveness of the reforms.Less
This third case study chapter analyses the statebuilding activities of the United Nations Transitional Administration of East Timor (UNTAET). It is divided into three parts. The first part outlines the background to the intervention, the scope and evolution of international authority, and the transition to self-governance and Timorese independence. The remaining two sections are case studies of statebuilding in East Timor: the establishment of a new judicial system, and the reform of the civil service. The case studies show how these reforms are informed by the new ‘standard of civilisation’, and how these norms compete with other, local traditional normative frameworks and understandings of authority, compromising the effectiveness of the reforms.
Dominik Zaum
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199207435
- eISBN:
- 9780191708671
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199207435.003.0005
- Subject:
- Political Science, International Relations and Politics
This chapter analyses the statebuilding efforts of the United Nations Interim Administration Mission in Kosovo (UNMIK) that was established after the Kosovo war in 1999. It is divided into three ...
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This chapter analyses the statebuilding efforts of the United Nations Interim Administration Mission in Kosovo (UNMIK) that was established after the Kosovo war in 1999. It is divided into three parts. While the first part outlines the background to the intervention, analyses the scope of the international authority, and discusses the transition to local rule, the other two sections contain detailed case studies of statebuilding: the reform of the judicial system, and the privatization of socially owned enterprises, one of the most controversial reform efforts of UNMIK. The chapter not only shows the influence of norms on UNMIK's statebuilding policies, but also the problems of ‘statebuilding without statehood’: building political and administrative institutions if the future legal status of a territory remains unresolved.Less
This chapter analyses the statebuilding efforts of the United Nations Interim Administration Mission in Kosovo (UNMIK) that was established after the Kosovo war in 1999. It is divided into three parts. While the first part outlines the background to the intervention, analyses the scope of the international authority, and discusses the transition to local rule, the other two sections contain detailed case studies of statebuilding: the reform of the judicial system, and the privatization of socially owned enterprises, one of the most controversial reform efforts of UNMIK. The chapter not only shows the influence of norms on UNMIK's statebuilding policies, but also the problems of ‘statebuilding without statehood’: building political and administrative institutions if the future legal status of a territory remains unresolved.
Jennifer M. Welsh (ed.)
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199267217
- eISBN:
- 9780191601118
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199267219.001.0001
- Subject:
- Political Science, International Relations and Politics
The issue of humanitarian intervention has generated one of the most heated debates in international relations over the past decade, for both theorists and practitioners. At its heart is the alleged ...
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The issue of humanitarian intervention has generated one of the most heated debates in international relations over the past decade, for both theorists and practitioners. At its heart is the alleged tension between the principle of state sovereignty, and the evolving norms related to individual human rights. This edited collection examines the challenges to international society posed by humanitarian intervention in a post-September 11th world. It brings scholars of law, philosophy, and international relations together with those who have actively engaged in cases of intervention, in order to examine the legitimacy and consequences of the use of military force for humanitarian purposes. The book demonstrates why humanitarian intervention continues to be a controversial question not only for the United Nations but also for Western states and humanitarian organisations.Less
The issue of humanitarian intervention has generated one of the most heated debates in international relations over the past decade, for both theorists and practitioners. At its heart is the alleged tension between the principle of state sovereignty, and the evolving norms related to individual human rights. This edited collection examines the challenges to international society posed by humanitarian intervention in a post-September 11th world. It brings scholars of law, philosophy, and international relations together with those who have actively engaged in cases of intervention, in order to examine the legitimacy and consequences of the use of military force for humanitarian purposes. The book demonstrates why humanitarian intervention continues to be a controversial question not only for the United Nations but also for Western states and humanitarian organisations.
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.
Arthur C. Helton
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199250318
- eISBN:
- 9780191599477
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199250316.001.0001
- Subject:
- Political Science, International Relations and Politics
To prevent or mitigate refugee catastrophes, more effective international cooperation is needed in advance of crises. In this connection, new mechanisms are needed to marshal resources to promote the ...
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To prevent or mitigate refugee catastrophes, more effective international cooperation is needed in advance of crises. In this connection, new mechanisms are needed to marshal resources to promote the sustainable return of refugees and internally displaced persons, and successfully undertake post‐conflict recovery.Where prevention fails, more can be done to protect the displaced and help them find new homes. A greater degree of concerted action is needed among governments, international organizations, and NGOs in order to ensure the human security of the uprooted.Based on the experience of the last decade, institutional reform is a key determinant of effective cooperation. In particular, the author urges the consolidation of humanitarian functions within the U.N., and the creation of a single U.S. government Agency for Humanitarian Action, or AHA. As a first step in that direction, a proposal is made to establish Strategic Humanitarian Action and Research (SHARE), an operations‐oriented think tank designed to promote coherent responses and make humanitarian action more effective.Whether it is called humanitarian diplomacy or something else, a new form of statecraft is clearly needed in order to conduct effective humanitarian action in today's world. Success in this humanitarian management endeavour would surely mitigate the refugee problem and help us to avoid paying the high human, economic, political, and security costs –— the price of indifference.Less
To prevent or mitigate refugee catastrophes, more effective international cooperation is needed in advance of crises. In this connection, new mechanisms are needed to marshal resources to promote the sustainable return of refugees and internally displaced persons, and successfully undertake post‐conflict recovery.
Where prevention fails, more can be done to protect the displaced and help them find new homes. A greater degree of concerted action is needed among governments, international organizations, and NGOs in order to ensure the human security of the uprooted.
Based on the experience of the last decade, institutional reform is a key determinant of effective cooperation. In particular, the author urges the consolidation of humanitarian functions within the U.N., and the creation of a single U.S. government Agency for Humanitarian Action, or AHA. As a first step in that direction, a proposal is made to establish Strategic Humanitarian Action and Research (SHARE), an operations‐oriented think tank designed to promote coherent responses and make humanitarian action more effective.
Whether it is called humanitarian diplomacy or something else, a new form of statecraft is clearly needed in order to conduct effective humanitarian action in today's world. Success in this humanitarian management endeavour would surely mitigate the refugee problem and help us to avoid paying the high human, economic, political, and security costs –— the price of indifference.
Simon Chesterman
- Published in print:
- 2004
- Published Online:
- April 2004
- ISBN:
- 9780199263486
- eISBN:
- 9780191600999
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199263485.003.0003
- Subject:
- Political Science, International Relations and Politics
Considers the evolution of Council practice in the area of transitional administration. As in much of the Council's work, practice has led theory , with some members of the Council and the wider UN ...
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Considers the evolution of Council practice in the area of transitional administration. As in much of the Council's work, practice has led theory , with some members of the Council and the wider UN community apparently allergic to the development of doctrine. The chapter also provides a brief account of the various operations that have taken place under the auspices of the Council and of other bodies since the Second World War. Analysis of these operations tends to be chronological or organized by the scope of powers assumed by the international presence. In keeping with the call for political clarity in such operations, this book takes a thematic approach, addressing five distinct political purposes for which a transitional administration (or comparable mission) has been established.Less
Considers the evolution of Council practice in the area of transitional administration. As in much of the Council's work, practice has led theory , with some members of the Council and the wider UN community apparently allergic to the development of doctrine. The chapter also provides a brief account of the various operations that have taken place under the auspices of the Council and of other bodies since the Second World War. Analysis of these operations tends to be chronological or organized by the scope of powers assumed by the international presence. In keeping with the call for political clarity in such operations, this book takes a thematic approach, addressing five distinct political purposes for which a transitional administration (or comparable mission) has been established.
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 ...
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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:
- 10.1093/0199278571.003.0003
- 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.
Thorsten Benner, Stephan Mergenthaler, and Philipp Rotmann
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199594887
- eISBN:
- 9780191729065
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199594887.001.0001
- Subject:
- Political Science, International Relations and Politics
Peace operations are the UN's flagship activity. Over the past decade, UN blue helmets have been dispatched to evermore challenging environments from the Congo to Timor to perform an expanding set of ...
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Peace operations are the UN's flagship activity. Over the past decade, UN blue helmets have been dispatched to evermore challenging environments from the Congo to Timor to perform an expanding set of tasks. From protecting civilians in the midst of violent conflict to rebuilding state institutions after war, a new range of tasks has transformed the business of the blue helmets into an inherently knowledge-based venture. But all too often, the UN blue helmets, policemen, and other civilian officials have been ‘flying blind’ in their efforts to stabilize countries ravaged by war. The UN realized the need to put knowledge, guidance and doctrine, and reflection on failures and successes at the center of the institution. Building on an innovative multidisciplinary framework, this study provides a first comprehensive account of learning in peacekeeping. Covering the crucial past decade of expansion in peace operations, it zooms into a dozen cases of attempted learning across four crucial domains: police assistance, judicial reform, reintegration of former combatants, and mission integration. Throughout the different cases, the study analyzes the role of key variables as enablers and stumbling blocks for learning: bureaucratic politics, the learning infrastructure, leadership, as well as power and interests of member states. Building on five years of research and access to key documents and decision-makers, the book presents a vivid portrait of an international bureaucracy struggling to turn itself into a learning organization.Less
Peace operations are the UN's flagship activity. Over the past decade, UN blue helmets have been dispatched to evermore challenging environments from the Congo to Timor to perform an expanding set of tasks. From protecting civilians in the midst of violent conflict to rebuilding state institutions after war, a new range of tasks has transformed the business of the blue helmets into an inherently knowledge-based venture. But all too often, the UN blue helmets, policemen, and other civilian officials have been ‘flying blind’ in their efforts to stabilize countries ravaged by war. The UN realized the need to put knowledge, guidance and doctrine, and reflection on failures and successes at the center of the institution. Building on an innovative multidisciplinary framework, this study provides a first comprehensive account of learning in peacekeeping. Covering the crucial past decade of expansion in peace operations, it zooms into a dozen cases of attempted learning across four crucial domains: police assistance, judicial reform, reintegration of former combatants, and mission integration. Throughout the different cases, the study analyzes the role of key variables as enablers and stumbling blocks for learning: bureaucratic politics, the learning infrastructure, leadership, as well as power and interests of member states. Building on five years of research and access to key documents and decision-makers, the book presents a vivid portrait of an international bureaucracy struggling to turn itself into a learning organization.
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.
Ian Clark
- Published in print:
- 2007
- Published Online:
- May 2007
- ISBN:
- 9780199297009
- eISBN:
- 9780191711428
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199297009.003.0007
- Subject:
- Political Science, International Relations and Politics
The draft proposals for the United Nations Charter that emerged from Dumbarton Oaks allowed only for one brief mention of human rights. The final version agreed at San Francisco gave human rights a ...
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The draft proposals for the United Nations Charter that emerged from Dumbarton Oaks allowed only for one brief mention of human rights. The final version agreed at San Francisco gave human rights a much higher profile. Why did this change take place? There is a substantial body of literature that accounts for it exclusively in terms of the activities of the US Consultants (representatives of NGOs), attached to the US Delegation. However, the role of Latin American states, as well as of the Soviet Union, needs to be remembered. The chapter draws attention to the problems surrounding the heroic role of the US consultants. It traces the evolution of thinking about human rights during the war years, culminating in the attendance of some 1,200 representatives of NGOs at the San Francisco conference. There is no doubt, therefore, that state officials were conscious of wide public expectations on the human rights front. Since popular support for the UN would be vital to its future effectiveness, respect for human rights can be seen as a kind of ‘social wage’ in return. This gave the individual a new standing in international society and international law.Less
The draft proposals for the United Nations Charter that emerged from Dumbarton Oaks allowed only for one brief mention of human rights. The final version agreed at San Francisco gave human rights a much higher profile. Why did this change take place? There is a substantial body of literature that accounts for it exclusively in terms of the activities of the US Consultants (representatives of NGOs), attached to the US Delegation. However, the role of Latin American states, as well as of the Soviet Union, needs to be remembered. The chapter draws attention to the problems surrounding the heroic role of the US consultants. It traces the evolution of thinking about human rights during the war years, culminating in the attendance of some 1,200 representatives of NGOs at the San Francisco conference. There is no doubt, therefore, that state officials were conscious of wide public expectations on the human rights front. Since popular support for the UN would be vital to its future effectiveness, respect for human rights can be seen as a kind of ‘social wage’ in return. This gave the individual a new standing in international society and international law.
Simon Chesterman
- Published in print:
- 2004
- Published Online:
- April 2004
- ISBN:
- 9780199263486
- eISBN:
- 9780191600999
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199263485.003.0002
- Subject:
- Political Science, International Relations and Politics
Despite the conceit that transitional administration was invented in the 1990s, much can be learned concerning the development of an institutional capacity to administer territory from examining the ...
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Despite the conceit that transitional administration was invented in the 1990s, much can be learned concerning the development of an institutional capacity to administer territory from examining the manner in which the colonial empires were regulated and subsequently dismantled. An age less attuned to political sensitivities also provides a clearer‐eyed assessment of the requirements of such administration, challenging the conventional wisdom that ‘ownership’ on the part of the local population is essential to the process.Less
Despite the conceit that transitional administration was invented in the 1990s, much can be learned concerning the development of an institutional capacity to administer territory from examining the manner in which the colonial empires were regulated and subsequently dismantled. An age less attuned to political sensitivities also provides a clearer‐eyed assessment of the requirements of such administration, challenging the conventional wisdom that ‘ownership’ on the part of the local population is essential to the process.
Simon Chesterman
- Published in print:
- 2004
- Published Online:
- April 2004
- ISBN:
- 9780199263486
- eISBN:
- 9780191600999
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199263485.003.0009
- Subject:
- Political Science, International Relations and Politics
Underlying all these issues is the most basic question of whether the United Nations and other international actors should be undertaking this sort of function at all. This chapter returns to the ...
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Underlying all these issues is the most basic question of whether the United Nations and other international actors should be undertaking this sort of function at all. This chapter returns to the three sets of contradictions discussed in this Introduction—that the means are inconsistent with, inadequate for, and, at times, irrelevant to the ends—and recasts them in light of the changing role of the United Nations and its relationship to the United States. This relationship is important not merely because US political, economic, and military power may determine the success or failure of a transitional administration, but because US perceptions of its national security dictated the military operations in Afghanistan and Iraq in the first place. While the United Nations may be politically constrained from viewing transitional administrations through the lens of military occupation, the United States has sometimes appeared incapable of viewing them as anything else.Less
Underlying all these issues is the most basic question of whether the United Nations and other international actors should be undertaking this sort of function at all. This chapter returns to the three sets of contradictions discussed in this Introduction—that the means are inconsistent with, inadequate for, and, at times, irrelevant to the ends—and recasts them in light of the changing role of the United Nations and its relationship to the United States. This relationship is important not merely because US political, economic, and military power may determine the success or failure of a transitional administration, but because US perceptions of its national security dictated the military operations in Afghanistan and Iraq in the first place. While the United Nations may be politically constrained from viewing transitional administrations through the lens of military occupation, the United States has sometimes appeared incapable of viewing them as anything else.
Ralph Wilde
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199274321
- eISBN:
- 9780191706486
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199274321.001.0001
- Subject:
- Law, Public International Law
Trusteeship and the civilizing mission never ended with the self-determination entitlement that led to decolonization: international organizations took on this role in the ‘post-colonial’ era, ...
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Trusteeship and the civilizing mission never ended with the self-determination entitlement that led to decolonization: international organizations took on this role in the ‘post-colonial’ era, internationalizing trusteeship and re-legitimizing it as a feature of international policy. Through analysis of the history of and purposes associated with the involvement of international organizations in territorial administration; a comparison between this activity and colonial trusteeship; occupation and the Mandate and Trusteeship arrangements; and an exploration of the modern ideas of international law and public policy that underpin and legitimize contemporary interventions, this book relates a new history of the concept of international trusteeship. From British colonialist Lord Lugard's ‘dual mandate’ to the ‘state building’ agenda of the then High Representative in Bosnia and Herzegovina, Lord Ashdown, wide-ranging links between the complex peace operations of today and the civilizing mission of the colonial era are established, offering a historical, political and legal framework within which the legitimacy of and challenges faced by complex interventions can be appraised. This new history of international trusteeship raises important questions about the role of international law and organizations in facilitating relations of domination and tutelage, and suggests that the contemporary significance of the self-determination entitlement needs to be re-evaluated.Less
Trusteeship and the civilizing mission never ended with the self-determination entitlement that led to decolonization: international organizations took on this role in the ‘post-colonial’ era, internationalizing trusteeship and re-legitimizing it as a feature of international policy. Through analysis of the history of and purposes associated with the involvement of international organizations in territorial administration; a comparison between this activity and colonial trusteeship; occupation and the Mandate and Trusteeship arrangements; and an exploration of the modern ideas of international law and public policy that underpin and legitimize contemporary interventions, this book relates a new history of the concept of international trusteeship. From British colonialist Lord Lugard's ‘dual mandate’ to the ‘state building’ agenda of the then High Representative in Bosnia and Herzegovina, Lord Ashdown, wide-ranging links between the complex peace operations of today and the civilizing mission of the colonial era are established, offering a historical, political and legal framework within which the legitimacy of and challenges faced by complex interventions can be appraised. This new history of international trusteeship raises important questions about the role of international law and organizations in facilitating relations of domination and tutelage, and suggests that the contemporary significance of the self-determination entitlement needs to be re-evaluated.
Gil Loescher
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199246915
- eISBN:
- 9780191599781
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199246912.003.0002
- Subject:
- Political Science, International Relations and Politics
Beginning with the establishment by the League of Nations of the first High Commissioner for Refugees in 1921, the scope and functions of assistance programmes for refugees gradually expanded, as ...
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Beginning with the establishment by the League of Nations of the first High Commissioner for Refugees in 1921, the scope and functions of assistance programmes for refugees gradually expanded, as efforts were made to regularize the status and control of stateless and denationalized people. During and after World War II, the United Nations Relief and Rehabilitation Agency (UNRRA) and the International Refugee Organization (IRO) further expanded the international organizational framework for refugees. Since 1951, an international refugee regime—composed of UNHCR and a network of other international agencies, national governments, and voluntary or non‐governmental organizations—has developed a response strategy that permits some refugees to remain in their countries of first asylum, enables some to resettle in third countries and arranges for still others to be repatriated to their countries of origin.Less
Beginning with the establishment by the League of Nations of the first High Commissioner for Refugees in 1921, the scope and functions of assistance programmes for refugees gradually expanded, as efforts were made to regularize the status and control of stateless and denationalized people. During and after World War II, the United Nations Relief and Rehabilitation Agency (UNRRA) and the International Refugee Organization (IRO) further expanded the international organizational framework for refugees. Since 1951, an international refugee regime—composed of UNHCR and a network of other international agencies, national governments, and voluntary or non‐governmental organizations—has developed a response strategy that permits some refugees to remain in their countries of first asylum, enables some to resettle in third countries and arranges for still others to be repatriated to their countries of origin.
Arthur C. Helton
- Published in print:
- 2002
- Published Online:
- November 2003
- ISBN:
- 9780199250318
- eISBN:
- 9780191599477
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199250316.003.0004
- Subject:
- Political Science, International Relations and Politics
The delivery of humanitarian assistance in the midst of armed conflict, the creation of putative safe areas, and arrangements for temporary relocation and stays abroad were policy innovations tested ...
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The delivery of humanitarian assistance in the midst of armed conflict, the creation of putative safe areas, and arrangements for temporary relocation and stays abroad were policy innovations tested in the case of the former Yugoslavia over the past decade. While increasingly prevalent, ‘state building’ in connection with the return and reintegration of refugees resulted in uneven outcomes over the past decade. Despite the mixed outcomes, the international community is likely to resort to such approaches in the future. Recent experience, however, teaches that expectations relating to state building should be modest. But the UN system and other international organizations must strengthen their capacities to meet even modest expectations.Less
The delivery of humanitarian assistance in the midst of armed conflict, the creation of putative safe areas, and arrangements for temporary relocation and stays abroad were policy innovations tested in the case of the former Yugoslavia over the past decade. While increasingly prevalent, ‘state building’ in connection with the return and reintegration of refugees resulted in uneven outcomes over the past decade. Despite the mixed outcomes, the international community is likely to resort to such approaches in the future. Recent experience, however, teaches that expectations relating to state building should be modest. But the UN system and other international organizations must strengthen their capacities to meet even modest expectations.
Simon Chesterman
- Published in print:
- 2004
- Published Online:
- April 2004
- ISBN:
- 9780199263486
- eISBN:
- 9780191600999
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199263485.001.0001
- Subject:
- Political Science, International Relations and Politics
Transitional administrations represent the most complex operations attempted by the United Nations. The missions in Kosovo (1999—) and East Timor (1999–2002) are commonly seen as unique in the ...
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Transitional administrations represent the most complex operations attempted by the United Nations. The missions in Kosovo (1999—) and East Timor (1999–2002) are commonly seen as unique in the history of the United Nations. But they may also be seen as the latest in a series of operations that have involved the United Nations in ‘state‐building’ activities, in which it has attempted to develop the institutions of government by assuming some or all of those sovereign powers on a temporary basis. Viewed in light of earlier UN operations, such as those in Namibia (1989–1990), Cambodia (1992–1993), and Eastern Slavonia (1996–1998), the idea that these exceptional circumstances may not recur is somewhat disingenuous. The need for policy research in this area was brought into sharp focus by the weighty but vague responsibilities assigned to the United Nations in Afghanistan (2002—) and its contested role in Iraq (2003—).This book seeks to fill that gap. Aimed at policy‐makers, diplomats, and a wide academic audience (including international relations, political science, international law, war studies, and development studies), the book provides a concise history of transitional administration and a treatment of the five key issues confronting such operations: peace and security, the role of the United Nations as government, establishing the rule of law, economic reconstruction, and exit strategies. Research for the book has been conducted through extensive field research and interviews with key UN staff and local representatives in almost all of the territories under consideration. The unifying theme is that, while the ends of transitional administration may be idealistic, the means cannot be.Less
Transitional administrations represent the most complex operations attempted by the United Nations. The missions in Kosovo (1999—) and East Timor (1999–2002) are commonly seen as unique in the history of the United Nations. But they may also be seen as the latest in a series of operations that have involved the United Nations in ‘state‐building’ activities, in which it has attempted to develop the institutions of government by assuming some or all of those sovereign powers on a temporary basis. Viewed in light of earlier UN operations, such as those in Namibia (1989–1990), Cambodia (1992–1993), and Eastern Slavonia (1996–1998), the idea that these exceptional circumstances may not recur is somewhat disingenuous. The need for policy research in this area was brought into sharp focus by the weighty but vague responsibilities assigned to the United Nations in Afghanistan (2002—) and its contested role in Iraq (2003—).
This book seeks to fill that gap. Aimed at policy‐makers, diplomats, and a wide academic audience (including international relations, political science, international law, war studies, and development studies), the book provides a concise history of transitional administration and a treatment of the five key issues confronting such operations: peace and security, the role of the United Nations as government, establishing the rule of law, economic reconstruction, and exit strategies. Research for the book has been conducted through extensive field research and interviews with key UN staff and local representatives in almost all of the territories under consideration. The unifying theme is that, while the ends of transitional administration may be idealistic, the means cannot be.
