Digital Commons Network^™

Climate Change Management In The Space Age, Paul B. Larsen

William & Mary Environmental Law and Policy Review

This Article is about how we can use space technology and regulation to help overcome adverse effects of climate change on Earth. It describes the growing use and importance of outer space technology for monitoring, understanding, and resolving the problems of climate change. It describes precedents for the current climate crisis, discusses relevant international space laws, and explains how they fit into the existing international laws on climate change. It emphasizes the oversight role of the United Nations (“U.N.”). It describes the heavy duties placed by current climate laws on the developed countries compared with the developing countries. It explains …

Gender And Legitimacy In United Nations Mediation, Catriona Standfield

Dissertations - ALL

In 2000, the United Nations (UN) adopted Resolution 1325, the foundation of the Women, Peace and Security (WPS) Agenda. It aims to make peace and security more gender-sensitive and inclusive. Scholars have examined the implementation of the WPS Agenda in peacebuilding and peacekeeping; however, mediation, particularly UN-brokered peace processes, remains under-researched. Nineteen years on, progress is inconsistent. Numbers of women have increased in negotiations, but they remain a minority. While the UN has guidelines on gender in mediation, peace processes do not consider gender issues systematically. This project considers the problem of how the UN has institutionalized the WPS Agenda …

Humanitarian Intervention: Exploring The Number Of Ctvilian Casualties In Confiict Zones Where Peace-Enforcement Missions And Peace Keeping Mission Have Been Utilized, Konye Obaji Ori

Augsburg Honors Review

The UN peacekeepers-the Blue Berets-form one of the largest, best equipped, and international forces in the world. Yet the organization's history is strewn with examples of its inability to keep the peace in places such as Srebrenica in Bosnia, Rwanda, and Darfur. Currently there are UN peacekeeping operations running in 16 different locations throughout five continents from Haiti to Timor, and 120 countries contribute 100,000 troops who are paid out of the UN's annual budget of $7.1 billion. But the UN forces lack the authority to impose themselves on the fighters. This study explores whether there is a need to …

International Institutions And Inertia: Unsc Behavior On Myanmar’S Internal Ethnic Conflicts, Matthew Peerboom

Graduate Research Theses & Dissertations

Since the resurgence of Rakhine State's conflict in 2017, and the resulting 750,000 refugees, Myanmar has received increased scrutiny by the United Nations Security Council (UNSC). However, some of Myanmar's ethnic conflicts have been continuous since independence in 1948, and thus begs the question: what explains the difference in attention? Three analytical lenses will be utilized to examine UNSC behavior: Bureaucratic Institutionalism, Geopolitics, and the null hypothesis of sheer Magnitude. In the end, it appears Institutionalism has come out as the strongest driver of Council action escalation on Myanmar. For Kayin’s low action period, it met two of the conditions …

70 Years Of The International Law Commission, Its Future Role In The Changing Landscape Of International Law And The Small-Developing States Nexus, Michael Imran Kanu

FIU Law Review

No abstract provided.

Conditions Affecting The Outcome Of Peace Operations In Post-Cold War Africa, Aaron Kyle Smith

Electronic Theses and Dissertations

What factors have led to successful outcomes in international peace operations conducted in Sub Saharan African countries? What factors explain mission failure? I proposed a basic theory of peace operations that linked conflict conditions to mandate design to the capability of an intervening force deployed for mission implementation developed from arguments and empirical results of previous research.

Data on 86 peace operations that occurred in 23 African states covering 33 separate conflict periods between 1990 and 2015 was analyzed. My main findings showed that mandates were derived from conflict assessments and determined the size of intervening force required. The results …

The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore

The Scholar: St. Mary's Law Review on Race and Social Justice

Abstract forthcoming

(Dis)Unity In The Un Security Council: Voting Patterns In The Un's Peace And Security Organ, Paul M. Romita

Dissertations, Theses, and Capstone Projects

The conventional wisdom is that the international system in the Cold War was defined by the struggle between East and West. While this was certainly the case, voting patterns in the UN Security Council present a more nuanced picture. Counterintuitively, France, the United Kingdom and the United States—three of the five permanent members of the Security Council (the Permanent 3 or P3) and members of the NATO alliance—voted apart on Council resolutions far more frequently in the Cold War, when they faced the common threat of the Soviet Union, than in the post-Cold War era. This dissertation observes that they …

The Un Secretary-General’S Human Rights Up Front Initiative And The Prevention Of Genocide: Impact, Potential, Limitations, Ekkehard Strauss

Genocide Studies and Prevention: An International Journal

In September 2013, Secretary-General Ban Ki-Moon adopted the Human Rights Up Front (HRUF) initiative and communicated his decision in a letter to staff in November through a recommitment, on behalf of the senior leadership and all staff, to uphold the responsibilities the Charter assigns them whenever there is a threat of serious and large-scale violations of international human rights and humanitarian law. His successor, Secretary-General Gutierrez appears determined to continue the initiative based on his explicit reference to it in his vision statement as a means to mainstream human rights and his congratulating his predecessor in general terms on HRUF …

The Contributions Of United Nations Security Council Resolutions To The Law Of Non-International Armed Conflict: New Evidence Of Customary International Law, Gregory H. Fox, Isaac Jenkins, Kristen E. Boon

Law Faculty Research Publications

No abstract provided.

International Human Rights Law: An Unexpected Threat To Peace, Ingrid Wuerth

Vanderbilt Law School Faculty Publications

It is a great honor to deliver this lecture in honor of the late Dean Robert F. Boden. I am grateful to all of you for attending. My topic tonight is international law and peace among nations. It may seem a poor fit for a lecture honoring Dean Boden. I did not know him, but I have read that Dean Boden was passionately dedicated to teaching law students about the actual day-to-day practice of law. He believed that law schools should be focused on that sort of professional training—not on policy questions or preparing students to be “architects of society,” …

Strengthening Security In Mali With Weapons And Ammunition Management, Marlène Dupouy

The Journal of Conventional Weapons Destruction

When insurgent groups in Mali initiated a rebellion for independence in late 2011, the National Guard and the Malian Defense and Security Forces (MDSF) in Gao were at the forefront of hostilities, which included the pillaging of weapons from government stores. Concurrently, the demise of the Gaddafi regime in Libya triggered an influx of small arms and light weapons (SA/LW) across the Sahel region and the return of fighters from Libya, making northern Mali their base. That challenge was quickly seized upon by jihadists and opportunists aiming to further destabilize Mali and enlarge their bases and activities throughout the Sahel …

Remarks: The United Nations: Pursuing Peace In The 21st Century, Dr. Kannan Rajarathinam

Georgia Journal of International & Comparative Law

No abstract provided.

Chilean Coup – Un General Assembly Meeting Simulation Scenario And Background Readings, Kitty Lam

World in the 20th Century

This lesson plan for high school students in World History and United States History courses is related to Augusto Pinochet's 1973 coup d'etat in Chile. Students will simulate a fictitious United Nations General Assembly Meeting in December 1973 to address the crisis in Chile. This lesson is based on material from the CNN Cold War documentary series, episode 18 "Backyard" and primary source material from "Chile and the United States: Declassified Documents Relating to the Military Coup, September 11, 1973", National Security Archive Electronic Briefing Book No. 8, by Peter Kornbluh (http://nsarchive.gwu.edu/NSAEBB/NSAEBB8/nsaebb8i.htm). There are two documents related to …

Civil War Or Genocide? The United Nations Commission Of Experts’ Misunderstanding Of The Third Balkan War Of The 1990s, Matthew G. Morley

Grand Valley Journal of History

When the country of Yugoslavia disintegrated into war, the United Nations created a research commission, the Yugoslav Commission of Experts, to document war crimes. This commission, led by Cherif M. Bassiouni, depicted the conflict as a perpetual problem with historical roots and also as having victims on both sides, which presented a legal-definitional paradox to the Security Council, requiring litigation of principles, categorization of conflicts, and discussion of further involvement - if applicable. This paper traces the essentialist understandings of the Commission of Experts and the International Human Rights Law Institute – two groups that otherwise had good intentions to …

Military Intervention And The Responsibility To Protect In Libya And Kosovo, Thea Fisk

Honors Theses

This research analyzes the interventions in Libya and Kosovo. It analyzes the intents, means, and outcomes involved in each intervention in addition to the effects of both interventions on the Responsibility to Protect doctrine.

The Modern Treaty-Executing Power: Constitutional Complexities In Contemporary Global Governance, Carlo Felizardo

Northwestern University Law Review

Treaties have evolved significantly since the ratification of the United States Constitution, leading to uncertainty as to the constitutional limits on their domestic execution. This Note adapts existing constitutional doctrine on treaty execution to two distinct complications arising in the contemporary treaty regime. First, voluntary treaties imposing aspirational obligations on signatories raise the issue of the extent of obligations that Congress may domestically enforce by federal statute. Second, originating treaties which create international organizations and authorize them to adopt rule- and adjudication-type post-treaty pronouncements bring up a question of when, if ever, to incorporate those pronouncements into U.S. law, and …

The Un As Good Samaritan: Immunity And Responsibility, Kristen Boon

Chicago Journal of International Law

Since the United Nation’s founding, its need for immunity from the jurisdiction of member states courts has been understood as necessary to achieve its purposes. Immunities, however, conflict with an individual’s right to a remedy and the law’s ordinary principles of responsibility for causing harm. This inherent conflict at the center of the immunity doctrine has evolved into a very public rift in the Haiti Cholera, Kosovo Lead Poisoning, and Mothers of Srebrenica cases against the United Nations.

In these three cases alleging mass torts by the UN, the independence of the organization is perceived by some to have trumped …

United Nations Peacekeeping Operations And Security And Reconstruction, Muna Ndulo

Akron Law Review

This Article is in part based on a memorial lecture delivered by Muna Ndulo at The University of Akron School of Law in honor of the late Justice Tawia Modibo Ocran...In August 2000, a famous UN report, the Brahimi Report, acknowledged the shortcomings of the UN peacekeeping efforts and recommended wide-ranging reforms aimed at strengthening the operations and making them more effective. Since then there have been numerous other reports aimed at implementing reforms to strengthen UN PKOs...This Article builds on that report and discusses the broad challenges facing UN peacekeeping missions today and the role of the UN PKOs …

Polarity And Peacekeeping: The Effect Of The International Structure On United Nations Peacekeeping Missions, Abigail Appleton

Theses and Dissertations

The end of the Cold War produced a significant shift in the structure of the international system. It also witnessed an increased use of peacekeeping as a mechanism to deal with conflicts. This increase is often attributed to a supposed “changing nature of conflict,” where intra-state war has become more common than the classic inter-state war and conflict has become more violent, brutal, and complicated. However, these descriptions leave important aspects of peacekeeping operations unexplained. A better explanation is needed for the international community’s increased intervention in conflicts. This thesis argues that the bipolar international structure of the Cold War …

Law Of War Developments Issue Introduction, David Glazier

Loyola of Los Angeles Law Review

No abstract provided.

Learning From The Un Preventive Deployment Mission In Macedonia: Nothing Fails Like Success?, Mary Frances Rosett Lebamoff

Dissertations

Preventive deployment as a conflict prevention tool has not recurred in the past decade-plus, despite the broadly acclaimed success of the United Nations Preventive Deployment in Macedonia (UNPREDEP 1995-1999; and its predecessor mission, UNPROFOR/Macedonia, UNPROFOR/M 1992-1995). The United Nations in particular has continued with mainly first- and second-generation peacekeeping, peacemaking and peacebuilding actions. What may best explain why has there has been no other engagement in preventive deployment missions, when there has been much emphasis placed formally and informally on early warning, detection, mitigation, and prevention of conflict? There have also been an increasing numbers of violent conflicts worldwide, so …

Defensive Force Against Non-State Actors: The State Of Play, Monica Hakimi

Articles

This article assesses the implications of the current Syria situation for the international law on the use of defensive force against non-State actors. The law in this area is highly unsettled, with multiple legal positions in play. After mapping the legal terrain, the article shows that the Syria situation accentuates three preexisting trends. First, the claim that international law absolutely prohibits the use of defensive force against non-State actors is increasingly difficult to sustain. States, on the whole, have supported the operation against the so-called Islamic State in Syria. Second, States still have not coalesced around a legal standard on …

The United Nations System For The Protection Of Human Rights, Larry Johnson

Georgia Journal of International & Comparative Law

No abstract provided.

Symposium - The Prospective Role Of The United Nations In Dealing With The International Use Of Force In The Post-Cold War Period: An Analysis In Light Of The Persian Gulf Crisis, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Panel Iii: The Role Of The United Nations With Respect To The Means For Accomplishing The Maintenance And Restoration Of Peace, John A. Macinnis

Georgia Journal of International & Comparative Law

No abstract provided.

Panel Ii: Global Attitudes On The Role Of The United Nations In The Maintenance And Restoration Of Peace, Josef Rohlik

Georgia Journal of International & Comparative Law

No abstract provided.

U.N. Peace And Security Powers And Related Presidential Powers, Jordan J. Paust

Georgia Journal of International & Comparative Law

No abstract provided.

Extending Decolonization: How The United Nations Might Have Addressed Kosovo, Thomas D. Grant

Georgia Journal of International & Comparative Law

No abstract provided.

The Jurisprudence Of Discrimination As Opposed To Simple Inequality In The International Civil Service, Brian D. Patterson

Georgia Journal of International & Comparative Law

No abstract provided.