Richard Youngs
- Published in print:
- 2004
- Published Online:
- January 2005
- ISBN:
- 9780199274468
- eISBN:
- 9780191602030
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199274460.003.0001
- Subject:
- Political Science, Democratization
This introductory chapter sets out the goals for this study amidst ongoing debates on the international dimensions of democratisation. It outlines the state of academic thinking on democracy’s ...
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This introductory chapter sets out the goals for this study amidst ongoing debates on the international dimensions of democratisation. It outlines the state of academic thinking on democracy’s relationship to international security concerns, and the interests of international investors. It highlights democracy’s strategic and economic utility, and calls for a more composite picture of its international dimensions.Less
This introductory chapter sets out the goals for this study amidst ongoing debates on the international dimensions of democratisation. It outlines the state of academic thinking on democracy’s relationship to international security concerns, and the interests of international investors. It highlights democracy’s strategic and economic utility, and calls for a more composite picture of its international dimensions.
Norrin M. Ripsman and T. V. Paul
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780195393903
- eISBN:
- 9780199776832
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195393903.003.0002
- Subject:
- Political Science, International Relations and Politics
This chapter explores the globalization school's predictions for the pursuit of security. First, it examines the various strands of the demise of the state argument, including those of hard ...
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This chapter explores the globalization school's predictions for the pursuit of security. First, it examines the various strands of the demise of the state argument, including those of hard globalization proponents, soft globalization proponents, and commercial liberals, as well as two other groups with claims that are compatible with our definition of globalization, democratic peace theory, and constructivist arguments about the spread of globalized political norms. It then culls out of these positions a set of common propositions about the effect globalization is likely to have on the way states pursue security. It identifies macro-level propositions about the level of interstate war, aggregate defense spending, the prominence of transnational terrorism, and the role of multilateral institutions at the international system level. It then identifies state- and region-specific propositions about the national security strategies and architectures of individual states.Less
This chapter explores the globalization school's predictions for the pursuit of security. First, it examines the various strands of the demise of the state argument, including those of hard globalization proponents, soft globalization proponents, and commercial liberals, as well as two other groups with claims that are compatible with our definition of globalization, democratic peace theory, and constructivist arguments about the spread of globalized political norms. It then culls out of these positions a set of common propositions about the effect globalization is likely to have on the way states pursue security. It identifies macro-level propositions about the level of interstate war, aggregate defense spending, the prominence of transnational terrorism, and the role of multilateral institutions at the international system level. It then identifies state- and region-specific propositions about the national security strategies and architectures of individual states.
Reimund Seidelmann
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199244096
- eISBN:
- 9780191600371
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/019924409X.003.0005
- Subject:
- Political Science, Democratization
Describes the interrelation between security and democratic consolidation as a process in specific national and regional contexts. The analysis combines a systematic approach to hypothesis building ...
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Describes the interrelation between security and democratic consolidation as a process in specific national and regional contexts. The analysis combines a systematic approach to hypothesis building with an empirically based discussion, and seeks to place developments in Eastern Europe into a wider analytical framework. The chapter argues that the relationship between security and democracy in Eastern Europe is based on the concept of dual conditionality. The relationship is a reciprocal one in which security conditions democratic development as much as democratic consolidation conditions regional security and peace building. Finally, the chapter discusses several caveats concerning the interrelation between security and democratic consolidation in Eastern Europe.Less
Describes the interrelation between security and democratic consolidation as a process in specific national and regional contexts. The analysis combines a systematic approach to hypothesis building with an empirically based discussion, and seeks to place developments in Eastern Europe into a wider analytical framework. The chapter argues that the relationship between security and democracy in Eastern Europe is based on the concept of dual conditionality. The relationship is a reciprocal one in which security conditions democratic development as much as democratic consolidation conditions regional security and peace building. Finally, the chapter discusses several caveats concerning the interrelation between security and democratic consolidation in Eastern Europe.
Gil Loescher
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199246915
- eISBN:
- 9780191599781
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199246912.001.0001
- Subject:
- Political Science, International Relations and Politics
The Office of the UN High Commissioner for Refugees (UNHCR) was created over 50 years ago to be a human rights and advocacy organization. But governments also created the agency to promote regional ...
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The Office of the UN High Commissioner for Refugees (UNHCR) was created over 50 years ago to be a human rights and advocacy organization. But governments also created the agency to promote regional and international stability and to serve the interest of states. Consequently, the UNHCR has always trod a perilous path between its mandate to protect refugees and asylum seekers and the demands placed upon it by states to be a relevant actor in international relations. A key focus is to examine the extent to which the evolution of the UNHCR has been framed by the crucial events of international politics and international security during the past half century and how, in turn, the actions of the first eight High Commissioners have helped shape the course of world history. A central objective is to analyse the development of national and international refugee policies and actions, placing these within the broader contexts of the changing global political and security environments in the Cold War and post–Cold War eras. One of the core findings is that UNHCR has over‐stretched itself in recent decades and has strayed from its central human rights protection role.Less
The Office of the UN High Commissioner for Refugees (UNHCR) was created over 50 years ago to be a human rights and advocacy organization. But governments also created the agency to promote regional and international stability and to serve the interest of states. Consequently, the UNHCR has always trod a perilous path between its mandate to protect refugees and asylum seekers and the demands placed upon it by states to be a relevant actor in international relations. A key focus is to examine the extent to which the evolution of the UNHCR has been framed by the crucial events of international politics and international security during the past half century and how, in turn, the actions of the first eight High Commissioners have helped shape the course of world history. A central objective is to analyse the development of national and international refugee policies and actions, placing these within the broader contexts of the changing global political and security environments in the Cold War and post–Cold War eras. One of the core findings is that UNHCR has over‐stretched itself in recent decades and has strayed from its central human rights protection role.
Philip G. Cerny
- Published in print:
- 2010
- Published Online:
- May 2010
- ISBN:
- 9780199733699
- eISBN:
- 9780199776740
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199733699.003.0011
- Subject:
- Political Science, International Relations and Politics
International security is undergoing a particularly radical transformation: the New Security Dilemma (NSD). States and people are no longer most threatened by interstate wars — that is, wars between ...
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International security is undergoing a particularly radical transformation: the New Security Dilemma (NSD). States and people are no longer most threatened by interstate wars — that is, wars between nation-states — as was the case in the “modern” state system of the 17th through 20th centuries. Violent conflict today overwhelmingly involves civil wars, ethnic and religious conflicts, cross-border wars, transnational terrorism, and the like. Indeed, attempts by states to provide international security through traditional state-based military modes and mechanisms are proving increasingly counterproductive in today's environment of complex economic interdependence, multiculturalism, and asymmetric power relations. At the same time, some states are increasingly prioritizing interdependent economic development, the promotion of global governance (despite its structural weaknesses), and “pooled sovereignty” rather than national sovereignty, national interests, autonomy, and the threat of defection. This chapter argues that the Traditional Security Dilemma is being subsumed in a wider and more complex NSD, in which the roles of a more pluralistic universe of social, economic, and political forces are challenging the capacity of states as such to provide security.Less
International security is undergoing a particularly radical transformation: the New Security Dilemma (NSD). States and people are no longer most threatened by interstate wars — that is, wars between nation-states — as was the case in the “modern” state system of the 17th through 20th centuries. Violent conflict today overwhelmingly involves civil wars, ethnic and religious conflicts, cross-border wars, transnational terrorism, and the like. Indeed, attempts by states to provide international security through traditional state-based military modes and mechanisms are proving increasingly counterproductive in today's environment of complex economic interdependence, multiculturalism, and asymmetric power relations. At the same time, some states are increasingly prioritizing interdependent economic development, the promotion of global governance (despite its structural weaknesses), and “pooled sovereignty” rather than national sovereignty, national interests, autonomy, and the threat of defection. This chapter argues that the Traditional Security Dilemma is being subsumed in a wider and more complex NSD, in which the roles of a more pluralistic universe of social, economic, and political forces are challenging the capacity of states as such to provide security.
Kern Alexander, Rahul Dhumale, and John Eatwell
- Published in print:
- 2005
- Published Online:
- September 2007
- ISBN:
- 9780195166989
- eISBN:
- 9780199783861
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195166989.003.0004
- Subject:
- Economics and Finance, Financial Economics
This chapter assesses the evolution of international standard setting in financial markets by examining the characteristics of the various international bodies, such as the Basel Committee on Banking ...
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This chapter assesses the evolution of international standard setting in financial markets by examining the characteristics of the various international bodies, such as the Basel Committee on Banking Supervision and the International Organization of Securities Commissions, that are involved in international standard setting. Topics discussed include international financial institutions, supervisory structures for financial conglomerates, the Financial Action Task Force, and financial crises from the 1990s and onwards.Less
This chapter assesses the evolution of international standard setting in financial markets by examining the characteristics of the various international bodies, such as the Basel Committee on Banking Supervision and the International Organization of Securities Commissions, that are involved in international standard setting. Topics discussed include international financial institutions, supervisory structures for financial conglomerates, the Financial Action Task Force, and financial crises from the 1990s and onwards.
William Bain
- Published in print:
- 2003
- Published Online:
- April 2004
- ISBN:
- 9780199260263
- eISBN:
- 9780191600975
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199260265.003.0005
- Subject:
- Political Science, International Relations and Politics
The place and purpose of trusteeship in the post‐Second World War world order aroused passions and suspicions that were no less pronounced than those which threatened to disrupt the peace ...
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The place and purpose of trusteeship in the post‐Second World War world order aroused passions and suspicions that were no less pronounced than those which threatened to disrupt the peace negotiations at Versailles two decades earlier, and these tensions, which divided the US and Britain in particular, emanated from a fundamental disagreement over the purpose of trusteeship and its relation to the future of empire in world affairs. British commentators on empire tended to interpret the idea of trusteeship in the context of an imperial tradition that dated back to Edmund Burke's interest in the affairs of the East India Company, invoking trusteeship as a principle against which to judge colonial administration and, therefore, understood the tutelage of dependent peoples as a justification of empire. Americans, who were born of a very different colonial and political experience, were a great deal less inclined to see trusteeship as a justification of empire than as an alternative to the perpetuation of empire. Interrogates the claims that structured the terms of this debate, how they shaped the purpose of trusteeship as contemplated in the Charter of the UN, and the ideas upon which the anti‐colonial movement seized in order to destroy the legitimacy of trusteeship in international society. There are five sections: The Atlantic Charter and the Future of Empire; The Reform of Empire; Trusteeship and the Charter of the UN; The End of Empire; and Human Equality and the Illegitimacy of Trusteeship.Less
The place and purpose of trusteeship in the post‐Second World War world order aroused passions and suspicions that were no less pronounced than those which threatened to disrupt the peace negotiations at Versailles two decades earlier, and these tensions, which divided the US and Britain in particular, emanated from a fundamental disagreement over the purpose of trusteeship and its relation to the future of empire in world affairs. British commentators on empire tended to interpret the idea of trusteeship in the context of an imperial tradition that dated back to Edmund Burke's interest in the affairs of the East India Company, invoking trusteeship as a principle against which to judge colonial administration and, therefore, understood the tutelage of dependent peoples as a justification of empire. Americans, who were born of a very different colonial and political experience, were a great deal less inclined to see trusteeship as a justification of empire than as an alternative to the perpetuation of empire. Interrogates the claims that structured the terms of this debate, how they shaped the purpose of trusteeship as contemplated in the Charter of the UN, and the ideas upon which the anti‐colonial movement seized in order to destroy the legitimacy of trusteeship in international society. There are five sections: The Atlantic Charter and the Future of Empire; The Reform of Empire; Trusteeship and the Charter of the UN; The End of Empire; and Human Equality and the Illegitimacy of Trusteeship.
Ranald C. Michie
- Published in print:
- 2001
- Published Online:
- November 2003
- ISBN:
- 9780199242559
- eISBN:
- 9780191596643
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/0199242550.003.0013
- Subject:
- Economics and Finance, Economic History, Financial Economics
This chapter discusses the lead up to the ‘Big Bang’ and its effects––the Big Bang refers to the abolition of fixed commissions and the single capacity on 27 October 1986, both of which had been at ...
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This chapter discusses the lead up to the ‘Big Bang’ and its effects––the Big Bang refers to the abolition of fixed commissions and the single capacity on 27 October 1986, both of which had been at the centre of London Stock Exchange thinking for most of the twentieth century, and certainly since 1945. This move followed the abolition of exchange controls in 1979, and the associated far‐reaching changes on the securities market. The path from one to the other is traced, including the loss of the Stock Exchange's monopoly position within the securities market in January 1986. The new ways and roles that the Stock Exchange was forced to adopt during the early 1980s are described, including its merger with ISRO (International Securities Regulatory Organisation), its failure to merge with LIFFE (London International Financials Futures Exchange), expansion of securities traded on SEAQ (Stock Exchange Automated Quotations) international, and its opening of membership to global players. The last section of the chapter discusses further changes to the Stock Exchange that occurred to reflect the completely changed nature of its membership, including alterations in the degree of control and supervision exercised, and the ending of the Compensation Fund.Less
This chapter discusses the lead up to the ‘Big Bang’ and its effects––the Big Bang refers to the abolition of fixed commissions and the single capacity on 27 October 1986, both of which had been at the centre of London Stock Exchange thinking for most of the twentieth century, and certainly since 1945. This move followed the abolition of exchange controls in 1979, and the associated far‐reaching changes on the securities market. The path from one to the other is traced, including the loss of the Stock Exchange's monopoly position within the securities market in January 1986. The new ways and roles that the Stock Exchange was forced to adopt during the early 1980s are described, including its merger with ISRO (International Securities Regulatory Organisation), its failure to merge with LIFFE (London International Financials Futures Exchange), expansion of securities traded on SEAQ (Stock Exchange Automated Quotations) international, and its opening of membership to global players. The last section of the chapter discusses further changes to the Stock Exchange that occurred to reflect the completely changed nature of its membership, including alterations in the degree of control and supervision exercised, and the ending of the Compensation Fund.
Kees Camfferman and Stephen A. Zeff
- Published in print:
- 2007
- Published Online:
- October 2011
- ISBN:
- 9780199296293
- eISBN:
- 9780191700767
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199296293.003.0010
- Subject:
- Business and Management, Finance, Accounting, and Banking
This chapter deals with relations with the outside world and their impact. It shows how the International Organization of Securities Commissions (IOSCO) occupied the centre stage in the International ...
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This chapter deals with relations with the outside world and their impact. It shows how the International Organization of Securities Commissions (IOSCO) occupied the centre stage in the International Accounting Standards Committee's (IASC) aims and deliberations between 1987 and 2000. A first phase in the relationship between the two organizations ended in a difficult period during the second half of 1994. The relationship was then set on a new footing in 1995, and a more promising phase began. The board's standards were registering very little impact in the developed, industrialized countries. The leaders felt it was essential that the board establish a closer relationship with securities market regulators, national standard setters, and major preparers. They also came to believe, with a nudge from the US Securities and Exchange Commission (SEC), that real progress towards international harmonization would not occur until most of the optional treatments in the board's standards were removed.Less
This chapter deals with relations with the outside world and their impact. It shows how the International Organization of Securities Commissions (IOSCO) occupied the centre stage in the International Accounting Standards Committee's (IASC) aims and deliberations between 1987 and 2000. A first phase in the relationship between the two organizations ended in a difficult period during the second half of 1994. The relationship was then set on a new footing in 1995, and a more promising phase began. The board's standards were registering very little impact in the developed, industrialized countries. The leaders felt it was essential that the board establish a closer relationship with securities market regulators, national standard setters, and major preparers. They also came to believe, with a nudge from the US Securities and Exchange Commission (SEC), that real progress towards international harmonization would not occur until most of the optional treatments in the board's standards were removed.
Bardo Fassbender (ed.)
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199641499
- eISBN:
- 9780191732218
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199641499.001.0001
- Subject:
- Law, Public International Law, Human Rights and Immigration
The contributions to this book, which are based on lectures delivered at the Academy of European Law in Florence, take a closer look at the two sides of the United Nations Security Council's ...
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The contributions to this book, which are based on lectures delivered at the Academy of European Law in Florence, take a closer look at the two sides of the United Nations Security Council's involvement in human rights — its efforts to promote and enforce human rights on the one hand, and the imperiling of those same rights by action of the Council meant to maintain or restore international peace and security, on the other hand. The book offers a collection of individual views and appraisals, presented by leading experts in international law, of how the Council has dealt with human rights issues, especially in the post-Cold War phase of its life, and of possible avenues for improvement. The opening chapter analyses how the role of the Council in the promotion and protection of human rights has developed since 1945: an organ not endowed with any specific powers in the field of human rights became the ‘centre-piece of the human rights protection system’ of the international community. Another chapter focuses on the legal issues of the Council's actions in favour of human rights. In particular, the legal problems of a qualification of human rights violations as a threat to international peace are addressed. Procedural questions take centre stage in a contribution on the role for human rights in the decision-making process of the Security Council. The following chapters then turn to a practice of the Council which has been sharply criticized because of its negative effects on human rights — ‘targeted sanctions’ imposed on individuals in the form of travel bans, arms embargoes, and the freezing of financial assets. In no other area of its work has the Security Council been so vulnerable to attack by human rights activists and lawyers. In particular, the enforcement of targeted sanctions in Europe and its supervision by European courts is closely analysed.Less
The contributions to this book, which are based on lectures delivered at the Academy of European Law in Florence, take a closer look at the two sides of the United Nations Security Council's involvement in human rights — its efforts to promote and enforce human rights on the one hand, and the imperiling of those same rights by action of the Council meant to maintain or restore international peace and security, on the other hand. The book offers a collection of individual views and appraisals, presented by leading experts in international law, of how the Council has dealt with human rights issues, especially in the post-Cold War phase of its life, and of possible avenues for improvement. The opening chapter analyses how the role of the Council in the promotion and protection of human rights has developed since 1945: an organ not endowed with any specific powers in the field of human rights became the ‘centre-piece of the human rights protection system’ of the international community. Another chapter focuses on the legal issues of the Council's actions in favour of human rights. In particular, the legal problems of a qualification of human rights violations as a threat to international peace are addressed. Procedural questions take centre stage in a contribution on the role for human rights in the decision-making process of the Security Council. The following chapters then turn to a practice of the Council which has been sharply criticized because of its negative effects on human rights — ‘targeted sanctions’ imposed on individuals in the form of travel bans, arms embargoes, and the freezing of financial assets. In no other area of its work has the Security Council been so vulnerable to attack by human rights activists and lawyers. In particular, the enforcement of targeted sanctions in Europe and its supervision by European courts is closely analysed.
Davide Rodogno
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691151335
- eISBN:
- 9781400840014
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691151335.003.0012
- Subject:
- History, Middle East History
This epilogue discusses the European powers' humanitarian interventions from the interwar period and since 1989. It first considers the massacres, atrocities, and other abuses committed during World ...
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This epilogue discusses the European powers' humanitarian interventions from the interwar period and since 1989. It first considers the massacres, atrocities, and other abuses committed during World War I and World War II before looking at interventions during the Cold War (1945–1989). It then compares instances of humanitarian intervention and nonintervention since 1989 with those of the nineteenth century. It also examines humanitarian intervention as a means of addressing threats to international peace and security, nineteenth-century humanitarian interventions as ex post facto events with unexceptional outcomes and unintended consequences, and the transformation of intervention from one focused on short-term rescue to one focused on long-term protection of victims of massacres and atrocities. Finally, the chapter explores public opinion regarding humanitarian intervention, the emergence of “new humanitarianism,” and the United Nations's The Responsibility to Protect (R2P) document.Less
This epilogue discusses the European powers' humanitarian interventions from the interwar period and since 1989. It first considers the massacres, atrocities, and other abuses committed during World War I and World War II before looking at interventions during the Cold War (1945–1989). It then compares instances of humanitarian intervention and nonintervention since 1989 with those of the nineteenth century. It also examines humanitarian intervention as a means of addressing threats to international peace and security, nineteenth-century humanitarian interventions as ex post facto events with unexceptional outcomes and unintended consequences, and the transformation of intervention from one focused on short-term rescue to one focused on long-term protection of victims of massacres and atrocities. Finally, the chapter explores public opinion regarding humanitarian intervention, the emergence of “new humanitarianism,” and the United Nations's The Responsibility to Protect (R2P) document.
Vera Gowlland-Debbas
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199641499
- eISBN:
- 9780191732218
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199641499.003.0003
- Subject:
- Law, Public International Law, Human Rights and Immigration
This chapter focuses on the legal issues of the Security Council's actions in favour of human rights. In particular, it addresses the problem of the qualification of human rights violations as a ...
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This chapter focuses on the legal issues of the Security Council's actions in favour of human rights. In particular, it addresses the problem of the qualification of human rights violations as a threat to international peace within the meaning of Chapter VII of the UN Charter: Was the Council competent to broaden the notion of a threat to the peace to include human rights violations? Is the Council authorized to act in internal matters of a state? Can the Council hold responsible for human rights violations not only states but also de facto governments and non-state entities? Who can legally review such qualifications made by the Security Council? The chapter distinguishes five major categories of measures applied by the Council in order to enforce fundamental norms of international human rights and humanitarian law: the sanction of nullity and non-recognition, non-military measures, in particular economic sanctions, military force, measures in the context of criminal law, and monitoring and fact-finding.Less
This chapter focuses on the legal issues of the Security Council's actions in favour of human rights. In particular, it addresses the problem of the qualification of human rights violations as a threat to international peace within the meaning of Chapter VII of the UN Charter: Was the Council competent to broaden the notion of a threat to the peace to include human rights violations? Is the Council authorized to act in internal matters of a state? Can the Council hold responsible for human rights violations not only states but also de facto governments and non-state entities? Who can legally review such qualifications made by the Security Council? The chapter distinguishes five major categories of measures applied by the Council in order to enforce fundamental norms of international human rights and humanitarian law: the sanction of nullity and non-recognition, non-military measures, in particular economic sanctions, military force, measures in the context of criminal law, and monitoring and fact-finding.
Patrick Stewart
- Published in print:
- 2011
- Published Online:
- May 2011
- ISBN:
- 9780199751501
- eISBN:
- 9780199895366
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199751501.003.0005
- Subject:
- Political Science, International Relations and Politics
Fragile states are said to threaten international security by providing hospitable environments for transnational crime. “Failing states are inextricably linked to the increasing power of ...
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Fragile states are said to threaten international security by providing hospitable environments for transnational crime. “Failing states are inextricably linked to the increasing power of international criminal networks and ‘illegal’ economies,” the United Kingdom's Prime Minister's Strategy Unit contends. This connection makes intuitive sense: Weak regimes may lack the capacity or will to combat crime, while the corruption, insecurity, and weak rule of law found in many fragile states play to criminals' advantage. This chapter evaluates the connection between state weakness and transnational crime, paying special attention to six sectors of crime: narcotics production and trafficking; human trafficking; small arms trade; money laundering; environmental crime; and maritime piracy. It argues that the relationship between transnational crime and weak states is more complicated than popular mythology suggests.Less
Fragile states are said to threaten international security by providing hospitable environments for transnational crime. “Failing states are inextricably linked to the increasing power of international criminal networks and ‘illegal’ economies,” the United Kingdom's Prime Minister's Strategy Unit contends. This connection makes intuitive sense: Weak regimes may lack the capacity or will to combat crime, while the corruption, insecurity, and weak rule of law found in many fragile states play to criminals' advantage. This chapter evaluates the connection between state weakness and transnational crime, paying special attention to six sectors of crime: narcotics production and trafficking; human trafficking; small arms trade; money laundering; environmental crime; and maritime piracy. It argues that the relationship between transnational crime and weak states is more complicated than popular mythology suggests.
Dan Sarooshi
- Published in print:
- 2000
- Published Online:
- January 2010
- ISBN:
- 9780198299349
- eISBN:
- 9780191714702
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198299349.003.0004
- Subject:
- Law, Public International Law
The six principal organs of the United Nations (UN) possess the authority to establish and utilise subsidiary organs in the attainment of their Charter ohjectives. The establishment and termination ...
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The six principal organs of the United Nations (UN) possess the authority to establish and utilise subsidiary organs in the attainment of their Charter ohjectives. The establishment and termination of UN subsidiary organs is governed by a legal framework consisting of the relevant provisions of the UN Charter and those parts of the general law of international institutions that relate to this activity, while the lawfulness of the acts of subsidiary organs will depend on the subsidiary complying with the legal mandate conferred on it by the principal. The former deals with the competence of principal organs to establish and terminate subsidiary organs while the latter is concerned with the subsidiary remaining within the bounds of its delegated mandate. This chapter looks at those elements of the general legal framework that govern the processes of establishment and termination of UN subsidiary organs.Less
The six principal organs of the United Nations (UN) possess the authority to establish and utilise subsidiary organs in the attainment of their Charter ohjectives. The establishment and termination of UN subsidiary organs is governed by a legal framework consisting of the relevant provisions of the UN Charter and those parts of the general law of international institutions that relate to this activity, while the lawfulness of the acts of subsidiary organs will depend on the subsidiary complying with the legal mandate conferred on it by the principal. The former deals with the competence of principal organs to establish and terminate subsidiary organs while the latter is concerned with the subsidiary remaining within the bounds of its delegated mandate. This chapter looks at those elements of the general legal framework that govern the processes of establishment and termination of UN subsidiary organs.
Dan Sarooshi
- Published in print:
- 2000
- Published Online:
- January 2010
- ISBN:
- 9780198299349
- eISBN:
- 9780191714702
- Item type:
- book
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198299349.001.0001
- Subject:
- Law, Public International Law
This book examines one of the most important challenges facing the United Nations (UN) today: the effective and lawful use of force by or under its authority to maintain or restore peace. In ...
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This book examines one of the most important challenges facing the United Nations (UN) today: the effective and lawful use of force by or under its authority to maintain or restore peace. In particular, the book provides a legal analysis of the institutional mechanisms and processes which the UN employs to use force to maintain or restore peace. The UN Security Council is the main organ of the UN entrusted with the responsibility for the maintenance or restoration of peace. It is given broad powers of enforcement under Chapter VII of the UN Charter in order to achieve this objective. However, the Charter provision which was intended to provide the Council with a standing military force to carry out enforcement action has yet to be implemented. In response, the Council has sought to deal with an increasing demand for military enforcement action by delegating its powers in this area to other UN organs (e.g. the UN Secretary-General in Somalia, and the War Crimes Tribunals for Rwanda and the former Yugoslavia), UN Member States (e.g. the coalition against Iraq), and regional and collective self-defence organizations (e.g. NATO in Bosnia). It is this process of delegation of military enforcement powers by the Council which is the focus of the book. Specifically, the legal framework which governs the process of delegation by the Council of its Chapter VII powers is examined, along with the practice relating to the exercise of these powers by each of the delegates concerned, and the policy issues relating to such delegations.Less
This book examines one of the most important challenges facing the United Nations (UN) today: the effective and lawful use of force by or under its authority to maintain or restore peace. In particular, the book provides a legal analysis of the institutional mechanisms and processes which the UN employs to use force to maintain or restore peace. The UN Security Council is the main organ of the UN entrusted with the responsibility for the maintenance or restoration of peace. It is given broad powers of enforcement under Chapter VII of the UN Charter in order to achieve this objective. However, the Charter provision which was intended to provide the Council with a standing military force to carry out enforcement action has yet to be implemented. In response, the Council has sought to deal with an increasing demand for military enforcement action by delegating its powers in this area to other UN organs (e.g. the UN Secretary-General in Somalia, and the War Crimes Tribunals for Rwanda and the former Yugoslavia), UN Member States (e.g. the coalition against Iraq), and regional and collective self-defence organizations (e.g. NATO in Bosnia). It is this process of delegation of military enforcement powers by the Council which is the focus of the book. Specifically, the legal framework which governs the process of delegation by the Council of its Chapter VII powers is examined, along with the practice relating to the exercise of these powers by each of the delegates concerned, and the policy issues relating to such delegations.
Jack I. Garvey
- Published in print:
- 2013
- Published Online:
- May 2013
- ISBN:
- 9780199841271
- eISBN:
- 9780199332649
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199841271.003.0003
- Subject:
- Law, Public International Law
This chapter begins by discussing global legislation by the UN Security Council. Specifically, Resolution 1373 on the subject of international terrorism, and then most importantly for ...
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This chapter begins by discussing global legislation by the UN Security Council. Specifically, Resolution 1373 on the subject of international terrorism, and then most importantly for counterproliferation, Resolution 1540 on the subject of weapons of mass destruction (WMD). These resolutions mark a profound shift of the Security Council as global legislator. What is new is the mandate of obligation for all states to counter both terrorism and proliferation of WMD, as global threat to international peace and security, under the authority of Chapter VII, unconfined to any specific event or state(s). The chapter then assesses whether Security Council action by way of a counterproliferation mandate can actually improve international security.Less
This chapter begins by discussing global legislation by the UN Security Council. Specifically, Resolution 1373 on the subject of international terrorism, and then most importantly for counterproliferation, Resolution 1540 on the subject of weapons of mass destruction (WMD). These resolutions mark a profound shift of the Security Council as global legislator. What is new is the mandate of obligation for all states to counter both terrorism and proliferation of WMD, as global threat to international peace and security, under the authority of Chapter VII, unconfined to any specific event or state(s). The chapter then assesses whether Security Council action by way of a counterproliferation mandate can actually improve international security.
Dan Sarooshi
- Published in print:
- 2000
- Published Online:
- January 2010
- ISBN:
- 9780198299349
- eISBN:
- 9780191714702
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198299349.003.0002
- Subject:
- Law, Public International Law
With the creation of the United Nations (UN) in 1945, the UN Security Council was envisaged to play a central role in the maintenance or restoration of international peace and security. To this end, ...
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With the creation of the United Nations (UN) in 1945, the UN Security Council was envisaged to play a central role in the maintenance or restoration of international peace and security. To this end, UN Member States agreed in Article 24 of the Charter to confer on the Council primary responsibility for the maintenance of international peace and security. The specific powers which the Charter gives the Council to achieve this objective are contained in Chapter VII. However, the Security Council has had to delegate its Chapter VII powers to entities that have an enforcement capacity which the Council at present lacks: in particular, it lacks a military force which it can use directly to carry out military enforcement action. This chapter constructs the legal framework governing the process of delegation of Chapter VII powers by the UN Security Council.Less
With the creation of the United Nations (UN) in 1945, the UN Security Council was envisaged to play a central role in the maintenance or restoration of international peace and security. To this end, UN Member States agreed in Article 24 of the Charter to confer on the Council primary responsibility for the maintenance of international peace and security. The specific powers which the Charter gives the Council to achieve this objective are contained in Chapter VII. However, the Security Council has had to delegate its Chapter VII powers to entities that have an enforcement capacity which the Council at present lacks: in particular, it lacks a military force which it can use directly to carry out military enforcement action. This chapter constructs the legal framework governing the process of delegation of Chapter VII powers by the UN Security Council.
Ruben Lee
- Published in print:
- 2011
- Published Online:
- October 2017
- ISBN:
- 9780691133539
- eISBN:
- 9781400836970
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691133539.003.0004
- Subject:
- Economics and Finance, Macro- and Monetary Economics
This chapter seeks to compare how different jurisdictions allocate regulatory powers over their securities markets. Rather than seek to present detailed descriptions of how any specific jurisdictions ...
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This chapter seeks to compare how different jurisdictions allocate regulatory powers over their securities markets. Rather than seek to present detailed descriptions of how any specific jurisdictions allocate such regulatory responsibilities, three surveys on the topic, covering various jurisdictions and institutions, are described and evaluated. The chapter is composed of four sections. The first two summarize key results from two surveys that examine the regulation of securities markets, and how regulatory powers over such markets are allocated—one prepared by the World Federation of Exchanges in 2004, and the other by the International Council of Securities Associations in 2006. The third section presents the results of a survey undertaken in 2006 for this book on how regulatory authority is allocated in eight jurisdictions with large securities markets. Conclusions are presented in the last section.Less
This chapter seeks to compare how different jurisdictions allocate regulatory powers over their securities markets. Rather than seek to present detailed descriptions of how any specific jurisdictions allocate such regulatory responsibilities, three surveys on the topic, covering various jurisdictions and institutions, are described and evaluated. The chapter is composed of four sections. The first two summarize key results from two surveys that examine the regulation of securities markets, and how regulatory powers over such markets are allocated—one prepared by the World Federation of Exchanges in 2004, and the other by the International Council of Securities Associations in 2006. The third section presents the results of a survey undertaken in 2006 for this book on how regulatory authority is allocated in eight jurisdictions with large securities markets. Conclusions are presented in the last section.
Daphna Shraga
- Published in print:
- 2011
- Published Online:
- January 2012
- ISBN:
- 9780199641499
- eISBN:
- 9780191732218
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199641499.003.0002
- Subject:
- Law, Public International Law, Human Rights and Immigration
This chapter analyses how the role of the UN Security Council in the promotion and protection of human rights developed since 1945: an organ not endowed with any specific powers in the field of human ...
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This chapter analyses how the role of the UN Security Council in the promotion and protection of human rights developed since 1945: an organ not endowed with any specific powers in the field of human rights became the ‘centre-piece of the human rights protection system’ of the international community. It describes the place of the Security Council in the framework of the UN human rights institutions, and how the Council came to regard human rights violations as a threat to international peace, making it possible for the Council to take action against such violations with measures provided for in Chapter VII of the UN Charter. It identifies three human rights which have attracted most of the Council's attention: the right of peoples to self-determination, the right to democratic governance, and the fundamental rights (arising under international human rights law and international humanitarian law) of civilian populations and minorities during war and internal conflict.Less
This chapter analyses how the role of the UN Security Council in the promotion and protection of human rights developed since 1945: an organ not endowed with any specific powers in the field of human rights became the ‘centre-piece of the human rights protection system’ of the international community. It describes the place of the Security Council in the framework of the UN human rights institutions, and how the Council came to regard human rights violations as a threat to international peace, making it possible for the Council to take action against such violations with measures provided for in Chapter VII of the UN Charter. It identifies three human rights which have attracted most of the Council's attention: the right of peoples to self-determination, the right to democratic governance, and the fundamental rights (arising under international human rights law and international humanitarian law) of civilian populations and minorities during war and internal conflict.
Alexander Orakhelashvili
- Published in print:
- 2008
- Published Online:
- January 2009
- ISBN:
- 9780199546220
- eISBN:
- 9780191720000
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199546220.003.0018
- Subject:
- Law, Public International Law
This chapter focuses on a number of contexts where the policy-abundant indeterminate notions are included in treaties with the effect of impacting the rights and duties of States. These contexts ...
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This chapter focuses on a number of contexts where the policy-abundant indeterminate notions are included in treaties with the effect of impacting the rights and duties of States. These contexts relate to indeterminate margin of appreciation policy notions under the European Convention on Human Rights and the WTO law, ‘self-judging’ clauses of treaty termination under trade, investment and disarmament treaties, and the concept of the threat to the peace under Article 39 of the UN Charter. The principal findings of the chapter relate to the ways of eliminating subjective judgment in interpretation, and to the criteria of locating the observable elements of indeterminate ‘political’ notions included in treaties. The role of judicial review is also addressed to help interpreting indeterminate notions.Less
This chapter focuses on a number of contexts where the policy-abundant indeterminate notions are included in treaties with the effect of impacting the rights and duties of States. These contexts relate to indeterminate margin of appreciation policy notions under the European Convention on Human Rights and the WTO law, ‘self-judging’ clauses of treaty termination under trade, investment and disarmament treaties, and the concept of the threat to the peace under Article 39 of the UN Charter. The principal findings of the chapter relate to the ways of eliminating subjective judgment in interpretation, and to the criteria of locating the observable elements of indeterminate ‘political’ notions included in treaties. The role of judicial review is also addressed to help interpreting indeterminate notions.
