Responsibility to Protect: Emerging Rules on Humanitarian Intervention?

This article discusses different forms of military force under or linked to the principle of the responsibility to protect (R2P) in relation to international law, with particular emphasis on humanitarian intervention. It contributes to the ongoing debate by analysing and separating the lawful forms of military force falling under Pillars II and III of the R2P from unlawful claims and extensive interpretations of R2P. Apart from the already existing legal right of the Security Council to authorise humanitarian interventions, it is argued that there are no ongoing legal customary developments of similar rights or obligations for other actors to intervene in another state (without consent) to protect populations by military force against grave crimes under the principle of R2P. The argumentation is based on a series of case studies of humanitarian interventions by the Security Council, regional organisations and “coalitions of willing states”. The article also includes legal analysis on the Uniting for Peace Procedure and the prior treaty-based consented rights to intervention under the African Union Act and the 1999 ECOWAS Protocol on the Mechanism for Conflict Prevention.     

Hitting the right target: EU and Security Council pursuit of terrorist financing

This article analyses one specific instance of the use of targeted sanctions to combat the financing of terrorism by the European Union on behalf of the United Nations Security Council. The case raised a number of issues involving the use of sanctions against non-state actors and provoked a legal challenge at the European Court of Justice. These European court cases have been portrayed as a challenge to the use of targeted sanctions by the Security Council to maintain international peace and security. The fundamental critique here is that targeted sanctions must adhere to due process and the rule of law in order to protect individual human rights.     

Derogating from International Human Rights Obligations in the ‘War Against Terrorism'? — A British–Australian Perspective

ABSTRACT

This article examines the United Kingdom's Anti-terrorism, Crime and Security Act 2001 and the Australian Security Intelligence Organisation Legislation Amendment (Terrorism) Act 2002 (Cth) from an international human rights law perspective. It argues that both pieces of legislation raise serious concerns in relation to international legal obligations under the European Convention on Human Rights and the International Covenant on Civil and Political Rights. Both international treaties allow for ‘derogation’ from certain provisions in times of ‘public emergency’. While the United Kingdom has officially derogated from some of its treaty obligations, Australia has yet to submit a similar notification. This article argues, however, that the United Kingdom's derogation is unlawful. Likewise, current circumstances in Australia would not permit lawful derogation from the ICCPR.     

Multilateralism in a unipolar world: the UN Security Council and Iraq

The end of the cold war brought a new era in international politicsthat had the potential for creating a more cooperative and peacefulworld. At the heart of this ‘new world order’ wasto be the United Nations Security Council, which would finallybe able to fulfill its obligations under the UN Charter. Inthe immediate post-cold war years it appeared that this optimismwas well founded as the Security Council became increasinglyactive in authorizing peacekeeping and peace-building missions.Just over a decade later, however, the crisis over Iraq againbrought serious concerns regarding the UN's purpose and legitimacy.This article examines the circumstances surrounding the recentUN Security Council dispute in order to illuminate the meritsof multilateral cooperation. It also asks, more fundamentally,whether multilateralism can be sustained in a unipolar world.     

Civilizing interventions? Race,war and international law

Over the past decade there has been an explosion in literature on imperialism and international law. This scholarship has focused on the use of force, especially humanitarian intervention and the war on terror. These accounts foreground the issue of race, arguing that these legal arguments reproduce the dynamic of the civilising mission. This article argues that such analyses miss some key elements. Contemporary interventions must be counterposed to the First Iraq War, which was enabled through the uncontroversial authorization of the Security Council. Humanitarian intervention and the war on terror emerged in reaction to the fear that other states would veto Security Council resolutions. Consequently, the ‘racial’ discourse around intervention cannot simply be read as ‘othering’ the peripheries, but was also a response to inter-imperialist rivalry. The article then advances a conception of the arguments as an attempt to articulate hegemonic coalitions against emerging rivalries, and reads racialization in this light.     

Does participation in international organizations increase cooperation?

Recent research asserts that public commitments to international institutions promote behavior that is consistent with institutional purposes. Evidence for this proposition is based almost entirely on studies that compare the behavior of states that have and have not ratified treaties. This paper evaluates instances in which some member states temporarily experience increased entanglement with an IO because they or their nationals serve in a position of authority. Unlike selection into IOs, selection into positions of authority is often governed by a common, observable, and partially exogenous process. I exploit exogenous exit, random assignment to different term lengths, and competitive elections in three contexts: the International Criminal Court (ICC), the UN Human Rights Commission (UNHRC), and the UN Security Council (UNSC). The evidence implicates that acquiring a position of authority can make states more willing to reject U.S. advances to sign non-surrender agreements, adopt domestic legislation that changes the penal code (ICC case), ratify legally binding treaties (UNHRC case), and contribute to peacekeeping missions (UNSC case). On the other hand, there is no evidence that UN institutions successfully select more cooperative states for positions of authority. Similar research designs can gainfully be employed to identify the causal effects of other forms of institutional participation.     

中美俄:三边关系互动新趋势

中美俄三边关系是当今世界上最重要的三边关系。在共同应对国际金融危机的大目标下,特别是在奥巴马就任美国总统之后,三边关系出现了一些新的转机,其中处于较低水平的美俄关系出现了较大的调整。作为联合国常任理事国的中美俄三国,其相互关系的良性互动必然有利于世界的和平、稳定与发展。因此,不排除未来三国之间建立某种对话与协调机制的可能。     

The Quad,AUKUS, and I2U2 formats: Major lessons from minilaterals

Over the past two decades, a trend has emerged where US partners and allies look outside of their bilateral relationship with the United States and pre-existing multilateral bodies to join ad-hoc networks. They are joining these networks to both obtain their own security goods and to provide regional public goods. Yet, these ad-hoc networks, or “minilaterals,” often include multiple US allies or shared partners of the United States. For example, the revived Quadrilateral Security Dialogue (Quad) includes Japan, India, Australia, and the United States, encompassing two separate US treaty alliances. Similarly, the tripartite pact AUKUS connects the US-UK transatlantic alliance relationship to the US-Australia alliance in the Indo-Pacific. The newest addition to this growing trend in minilateralism, the I2U2, which redefine the Middle East as West Asia by bringing together the United States, India, Israel, and the United Arab Emirates (UAE), provides additional insight into the benefits of minilaterals as mechanisms for organizing interstate cooperation.     

美国国家安全委员会变迁探析

美国建立了世界上第一个国家安全委员会,历经67年世势风云的洗礼,美国国家安全委员会已成为美国处理所有国际事务的中心,作为美国国家安全事务的咨询与协调机构,它在美国国家安全决策过程乃至世界外交局势的演变中都持续发挥着重要的影响力。历经各任领导者对其地位与角色的不同定位,美国国家安全委员会的职能、制度、运行及决策程序在不断修改与调整中走向稳定与成熟。其机构和人员的设置既审时度势、灵活多样、顺应时代变化,又逐渐探索确立了富有特色的部际协调机制,将各法定成员、法定顾问、国家安全事务助理以及非法定成员有效地组织起来,通过形式各异的正式程序、非正式程序以及秘密程序的分析、评估与协调会议,为总统的国家安全事务决策提供必不可少的支持。美国国家安全委员会变迁与改革的每一步都伴随着法律及行政法令的颁行与修订,授权与监督,体现了法制先行的特点。美国国家安全委员会戏剧性的发展历程中积累的经验与教训,为中国建立不久的中央国家安全委员会提供了借鉴。     

Negotiating Military Alliances: Legal Systems and Alliance Formation

Do domestic legal systems affect states' propensity to form military alliances? This article, building upon the existing research in international relations, adopts a socio-legal approach to understanding international treaty making. By focusing on the essence of international negotiations—communication between states' representatives—I argue that negotiating parties who share a common legal language have a common a priori understanding concerning concepts under discussion. Domestic laws operating within states impact the process of creation of international law embodied in treaties. Empirical analyses show that states with similar legal systems are more likely to form military alliances with one another. Additionally, domestic legal systems influence the way that states design their alliance commitments. In general, my findings suggest that the influence of domestic laws does not stop at “the water's edge.” It permeates the interstate borders and impacts the relations between states, especially the treaty negotiating and drafting process. International negotiators bring their legal backgrounds to the negotiating table, which influences both their willingness to sign treaties and the design of the resulting agreements.     

Toward an effective international legal order: from coexistence to concert?

In forbidding the use of force except in self‐defence against armed attack or when authorised by the Security Council, the UN Charter appears to be the culminating development of a system of international order based on the doctrine of state sovereignty. The cumulative result of international‐law‐related acts, omissions and declarations of the Bush administration since its inception can be construed as a fundamental challenge to the sovereign state system. The administration's stated security strategy is one possible response to undoubtedly grave challenges to national and human security. In fact, only an institutionalised partnership between the US and regional powers such as China, India, Brazil and Germany can hope to address those challenges successfully, in part because only it would have the requisite legitimacy. That partnership or concert could be organised within the UN framework, albeit intensifying its hierarchical elements.     

The humanitarian responsibilities of the United Nations Security Council: Ensuring the security of the people1

The United Nations Charter confers on the Security Council prime responsibility for maintaining international peace and security. Yet these very concepts are undergoing radical change. More than the absence of war, peace has come to mean harmony both within and among nations. It has acquired a dimension far larger than the original State-centred notion of the Charter. Security connotes inclusion, cohesion, and integration - a sense of belonging to a society and a prevailing international order that is predicated on fairness and respect for differences and human dignity. Today, especially given the rise in conflicts of a non-international character, the Council musturgently review the appropriateness of existing instruments and traditional diplomacy. The author calls for better links between the UN, the Security Council, NGOs, and civil-society organisations; and proposes legal and practical mechanisms both to afford better protection to aid workers and to ensure that, when they are applied, sanctions regimes are effective means of placing pressure on those responsible for the abuse of power.     

Diplomacy at the United Nations: The dual agenda of the 1992 security council summit

The Security Council summit meeting of 31 January 1992 was supposed to be a momentous event that would determine the course of the world body and international peace and security in the post-Cold War era. Despite high expectations, though, the actual meeting did not produce much more than a broadly-phrased declaration of good intentions. The article examines the hypothesis that the meeting had a dual agenda, with a hidden as well as a public part. It is argued that the main item on the hidden agenda was the confirmation, beyond any doubt or potential challenge, of Russia as the rightful successor to the USSR permanent seat on the Security Council. This suited well the weakened major remnant of the former Soviet Union as well as the other permanent members of the Security Council, especially the UK and France, who had good reasons to want to defer indefinitely any reexamination of the Council's composition and powers.     

United Nations Security Council Reform Revisited: A Proposal

The United Nations [UN] came into being following the Second World War. Resembling earlier efforts of co-operation by the most powerful states of the international system, it was an attempt to effect global governance through the maintenance of international peace and security amongst states. However, led by its main executive organ, the Security Council, the UN has been unable to prevent and effectively deal with armed conflicts and mass atrocities in a number of situations. Over the years, the inability of the UN Security Council to take collective action has resulted in its ineffectiveness in dealing with war and humanitarian crises. This situation has led to calls for Security Council reform and has generated several initiatives to that end. This analysis discusses major shortcomings of the Security Council, analyses prominent reform initiatives, and introduces a proposal, the “Two-Layered Regional Model,” for Security Council reform.     

The peacekeeping capacities of African regional organisations

This paper assesses the various peace and security mechanisms that African regional organisations are establishing and other measures that they are taking to enhance their preparedness. In the mid-1990s, the United Nations (UN) Security Council responded to the widely perceived failures of several UN peacekeeping operations by encouraging regional arrangements and agencies to assume a greater role in the promotion of peace and security. As of December 2001, four African organisations had authorised 17 peacekeeping missions. Most of them have been beset by serious and sustained operational and political shortcomings. Recognising their limitations and the vacuum created by Security Council inaction, these and other organisations have undertaken various initiatives to improve on past performance and to prepare for future engagements. A review of their decision-making processes, staffing, mission planning and support, peacekeeping training and financial resources suggests that, while they have made some progress, most organisations are still far from being able to take on the responsibilities that the international community would like them to assume.     

Overcoming the weight of history: ‘Getting to yes’ in the Peru‐Ecuador border dispute

This article presents and analyzes the elements of the Western Hemisphere's longest standing boundary dispute and the crucial role of the region's oldest multilateral conflict resolution mechanism in working out an historic agreement in October 1998. Other factors in combination were also critical for success: an existing international legal framework, multilevel bilateral and multilateral diplomacy, decisive leadership and statecraft, and public diplomacy. The analysis suggests that the final settlement is a significant milestone in international diplomacy, demonstrating that even the most deeply ingrained differences between states can be resolved by the patient and persistent efforts of all parties involved.     

Overcoming the weight of history: 'Getting to yes' in the Peru-Ecuador border dispute

This article presents and analyzes the elements of the Western Hemisphere's longest standing boundary dispute and the crucial role of the region's oldest multilateral conflict resolution mechanism in working out an historic agreement in October 1998. Other factors in combination were also critical for success: an existing international legal framework, multilevel bilateral and multilateral diplomacy, decisive leadership and statecraft, and public diplomacy. The analysis suggests that the final settlement is a significant milestone in international diplomacy, demonstrating that even the most deeply ingrained differences between states can be resolved by the patient and persistent efforts of all parties involved.     

第二次世界大战后武力使用规范的演进

在国际法体系中,武装冲突法可谓编纂得最为完备的一个分支。经过数百年的积累和铺垫,第二次世界大战后武力使用规范逐渐发展成为完整的规范体系并呈现出四大特征:即为了适应国际关系的新变化武装冲突法扩大了适用范围;使用核武器是否合法成为国际法的重要问题;出现了在武装冲突中"反向"使用武力以达到实现和平目的的新方式——联合国维持和平行动以及在武装冲突中出现了大量作为作战手段而使用的性暴力行为等。然而进入21世纪以后,武装冲突的形态与样式均发生了重大变化,一方面,以无人机、自主作战机器人、纳米生物武器和网络战为代表的新型作战手段方法层出不穷;另一方面,非国家行为体在武装冲突中使用武力的情况有所增加,更出现了私人军事安保公司等法律地位在国际法上尚处于空白的交战主体。以朝核危机为标志,核武器对于国际和平与安全的巨大的潜在甚至是现实的威胁再次凸显,迅速成为国际政治和国际法中的热点核心议题。值得注意的是,即使武装冲突法的基本原则依然相对稳定,但是不断出现的新作战手段和方法,仍然给国际法和国际安全提出了一系列亟须应对的新挑战。     

森喜朗上台后的日本外交

森喜朗内阁承办的冲绳八国首脑会议，是其首要外交课题，虽有所获，但成果平平。其大国外交，重点是谋求日俄关系取得进展。亚洲外交，将着力打开日朝关系，同时推动与东盟的经济金融合作。多边外交，重点是为它成为安理会常任理事国争取支持，并开展体现“森喜朗色彩”的裁军外交。     

Diplomacy at the United Nations: The dual agenda of the 1992 security council summit

The Security Council summit meeting of 31 January 1992 was supposed to be a momentous event that would determine the course of the world body and international peace and security in the post‐Cold War era. Despite high expectations, though, the actual meeting did not produce much more than a broadly‐phrased declaration of good intentions. The article examines the hypothesis that the meeting had a dual agenda, with a hidden as well as a public part. It is argued that the main item on the hidden agenda was the confirmation, beyond any doubt or potential challenge, of Russia as the rightful successor to the USSR permanent seat on the Security Council. This suited well the weakened major remnant of the former Soviet Union as well as the other permanent members of the Security Council, especially the UK and France, who had good reasons to want to defer indefinitely any reexamination of the Council's composition and powers.