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A Universal System of Collective Security Based on the Charter of the United Nations

A Universal System of Collective Security Based on the Charter of the United Nations
Author: Stefan A. G. Talmon
Publisher:
Total Pages: 0
Release: 2011
Genre:
ISBN:

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It is not only the acts of States, whether members of the UN or not, which may give rise to threats to international peace and security. The actions of non-State actors such as regional governmental organizations, national liberation movements, rebel groups and terrorist organizations may equally affect or endanger international peace and security. A system of collective security, as envisaged by the UN Charter, thus cannot operate successfully without embracing all sources of threats to the peace, irrespective of whether they originate from within the UN membership or from outside. The paper demonstrates that Art 2(6) of the UN Charter with its limited scope of application does not allow the UN to adequately address threats to international peace and security from outside the Organization. It has therefore been superseded by a customary international law based universal system of collective security which is based upon the relevant Charter provisions but does not derive its legal force from the Charter as a treaty. This universal, that is, generally applicable system of collective security goes beyond a general obligation incumbent upon all international actors not to conduct themselves in a way that constitutes a threat to the peace, breach of the peace or act of aggression. It rather subjects all relevant international actors to the authority of the UN, and in particular the SC, with regard to measures necessary for the maintenance of international peace and security.


Global Governance and the Emergence of Global Institutions for the 21st Century

Global Governance and the Emergence of Global Institutions for the 21st Century
Author: Augusto Lopez-Claros
Publisher: Cambridge University Press
Total Pages: 561
Release: 2020-01-23
Genre: Law
ISBN: 1108476961

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Identifies the major weaknesses in the current United Nations system and proposes fundamental reforms to address each. This title is also available as Open Access.


Peace, Power, And The United Nations

Peace, Power, And The United Nations
Author: Joseph P Lorenz
Publisher: Routledge
Total Pages: 200
Release: 2019-06-04
Genre: Political Science
ISBN: 100031426X

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"The notion that every state has an interest in the territorial integrity of every other state-no matter how distant they are and how slight their connections-is peculiar to the twentieth century. To be sure, poets and philosophers had perceived humanity's common interest in preventing wars, and statesmen had found that aggression from outside the community could be deterred by the mutual defense of those within it. But no one had ever tried to organize an all-embracing system that used the collective force of its members to prevent one of them from attacking another. It took the wide devastation of two world wars-and the failure of the balance-of-power systems that preceded them-to instigate the search for a more effective way to manage power. To the founders of the League of Nations and the United Nations there was nothing extravagant about the idea that peace is indivisible. Their countries had been drawn into wars that were largely not of their making: They had learned that to control their destinies they must act early, with others, to keep the peace. It is this core of national self-interest that drives collective security. If the system works at any moment in history, it is because its members believe they have enough stake in the existing order to warrant taking measures against any nation that threatens to destroy the fabric of that order. "


The United Nations and Collective Security

The United Nations and Collective Security
Author: Gary Wilson
Publisher: Routledge
Total Pages: 264
Release: 2014-02-03
Genre: Law
ISBN: 1136028161

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The role of the United Nations in collective security has been evolving since its inception in 1945. This book explores collective security as practiced within the legal framework provided by the United Nations Charter, with a particular focus upon activity undertaken under the auspices of the UN Security Council, the body conferred by the Charter with the primary responsibility for the maintenance of international peace and security. Although the book is primarily grounded in international law, where appropriate it also draws upon relevant political insights in order to present a clear picture of the UN collective security system in operation and the factors which impact upon the way in which it functions. Offering a comprehensive analysis it considers the full range of measures which can be utilised by the UN in the performance of its collective security remit including military enforcement action, peacekeeping, non-military sanctions and diplomacy. The book considers each of these measures in detail, assessing the legal framework applicable to the form of action, the main legal controversies which arise in respect of their appropriate utilisation, and the UN’s use of this collective security ‘tool’ in practice. The book draws conclusions about the main strengths and shortcomings of the various means through which the UN can attempt to prevent, minimise or end conflict.


Regional mechanisms of collective security

Regional mechanisms of collective security
Author: Alena F. Douhan
Publisher: Editions L'Harmattan
Total Pages: 246
Release: 2013-01-01
Genre: Political Science
ISBN: 2296515266

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Today, nearly seven decades after the adoption of the UN Charter, voices are often heard claiming that the Charter's regime is obsolete and that greater autonomy is needed for regional organizations. This book focuses on the changes, factors and activities that have appeared in the sphere of regional organizations' operations during the last few decades, and tries to determine the face of collective security at the universal and regional levels.


The United Nations Security Council and War

The United Nations Security Council and War
Author: Vaughan Lowe
Publisher: OUP Oxford
Total Pages: 816
Release: 2010-04-15
Genre: Political Science
ISBN: 0191614939

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This is the first major exploration of the United Nations Security Council's part in addressing the problem of war, both civil and international, since 1945. Both during and after the Cold War the Council has acted in a limited and selective manner, and its work has sometimes resulted in failure. It has not been - and was never equipped to be - the centre of a comprehensive system of collective security. However, it remains the body charged with primary responsibility for international peace and security. It offers unique opportunities for international consultation and military collaboration, and for developing legal and normative frameworks. It has played a part in the reduction in the incidence of international war in the period since 1945. This study examines the extent to which the work of the UN Security Council, as it has evolved, has or has not replaced older systems of power politics and practices regarding the use of force. Its starting point is the failure to implement the UN Charter scheme of having combat forces under direct UN command. Instead, the Council has advanced the use of international peacekeeping forces; it has authorized coalitions of states to take military action; and it has developed some unanticipated roles such as the establishment of post-conflict transitional administrations, international criminal tribunals, and anti-terrorism committees. The book, bringing together distinguished scholars and practitioners, draws on the methods of the lawyer, the historian, the student of international relations, and the practitioner. It begins with an introductory overview of the Council's evolving roles and responsibilities. It then discusses specific thematic issues, and through a wide range of case studies examines the scope and limitations of the Council's involvement in war. It offers frank accounts of how belligerents viewed the UN, and how the Council acted and sometimes failed to act. The appendices provide comprehensive information - much of it not previously brought together in this form - of the extraordinary range of the Council's activities. This book is a project of the Oxford Leverhulme Programme on the Changing Character of War.


Collective Security Under United Nations

Collective Security Under United Nations
Author: Dhirendra Dwivedi
Publisher: Kanishka Publishers
Total Pages: 400
Release: 2005
Genre: Pacific settlement of international disputes
ISBN: 9788173916571

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This Book Is A Modest Attempt To Analyse Critically The Theory And Practice Of Collective Security Under The Auspices Of United Nations.


Charter of the United Nations and Statute of the International Court of Justice

Charter of the United Nations and Statute of the International Court of Justice
Author: United Nations
Publisher: UN
Total Pages: 112
Release: 2015-08-30
Genre: Political Science
ISBN: 9789210016513

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The Charter of the United Nations was signed in 1945 by 51 countries representing all continents, paving the way for the creation of the United Nations on 24 October 1945. The Statute of the International Court of Justice forms part of the Charter. The aim of the Charter is to save humanity from war; to reaffirm human rights and the dignity and worth of the human person; to proclaim the equal rights of men and women and of nations large and small; and to promote the prosperity of all humankind. The Charter is the foundation of international peace and security.