The Language of the UN: Vagueness in Security Council Resolutions Relating to the Second Gulf War

Over the last few years the diplomatic language of UN resolutions has repeatedly been questioned for the excessive presence of vagueness. The use of vague terms could be connected to the genre of diplomatic texts, as resolutions should be applicable to every international contingency and used to mitigate tensions between different legal cultures. However, excessive vagueness could also lead to biased or even strategically-motivated interpretations of resolutions, undermining their legal impact and triggering conflicts instead of diplomatic solutions. This study aims at investigating intentional vagueness in Security Council resolutions, by focussing on the analysis of the resolutions relating to the second Gulf war. Using the qualitative Discourse-Historical approach (Wodak in Rhetorics of racism and antisemitism, Taylor & Francis Ltd., London [2000]) and quantitative analysis tools (Antconc and Sketch Engine), special attention is given to the historical/political consequences of the vagueness and indeterminacy used in that framework and to the study of vague ‘weasel words’ (Mellinkoff in The language of the law, Little, Brown & Company, Boston [1963]), modals, and adjectives contained in the corpus. The hypothesis of intentional vagueness is further reinforced through an analysis of the US legislation related to the outbreak of the war, to reveal how the US has legally interpreted UN legislation and to understand the purposes and consequences of vague language contained in it. The findings indicate that vagueness in resolutions has triggered the Iraqi conflict instead of diplomatic solutions with the overall legislative intent of using intentional vagueness as a political strategy.     

Implementing Security Council Resolutions in Hong Kong: An Examination of the United Nations Sanctions Ordinance

The United Nations Sanctions Ordinance is the primary legalbasis of the Hong Kong Special Administrative Region (HKSAR)for implementing the United Nations Security Council's resolutions.However, there are concerns that the Ordinance is potentiallyviolating the separation of powers in its delegation of regulation-makingauthority to the executive. There are also criticisms againstthe expediency of the Ordinance as a mechanism for enforcingSecurity Council sanctions. Against this background, this paperattempts to examine the separation of powers doctrine, its placein HKSAR's constitutional system and its relevance to the Ordinance.On the issue of expediency, this paper focuses on the scopeand speed of implementing the sanctions, and the human rightsand criminal justice problems it involves. For comparative purposes,references are to be made to the law of the USA, Canada andSingapore.     

Definition of "Terrorism" in the UN Security Council: 1985-2004

International debate about the problems of defining terrorismhistorically centred on the General Assembly. Yet, between 1985and 2001, the Security Council adopted a range of measures addressingterrorist threats to peace and security, and analysis of theincidents involved reveals much about the Council's understandingof "terrorism". After September 2001, problems of definitionbecame acute, since the Council adopted general legislativemeasures against terrorism—with serious legal consequences—withoutdefining it. The Council has encouraged States to unilaterallydefine terrorism in national law, permitting wide and divergentdefinitions. A non-binding Council definition of late 2004 failsto remedy the serious difficulties caused by the lack of anoperative definition in Council practice.     

The Legal Effects of Resolutions of the UN Security Council and General Assembly in the Jurisprudence of the ICJ

This article aims to extract from the jurisprudence of the InternationalCourt of Justice a basic theory of legal effects of unilateralinstruments of international organizations in public internationallaw. These effects can be divided into three categories. Thefirst is substantive effects. These include binding, authorizingand (dis)empowering effects. The second category is causativeeffects, whereby determinations of fact or of law bring substantiveeffects into existence. The third category is modal effects– how and when the substantive effects come into existence(e.g. immediate or deferred, retroactive or non-retroactive,reversible or irreversible effect). Each of these categoriesof legal effects behaves differently according to whether theeffects are intrinsic or extrinsic. Intrinsic effects are basedon the special treaty powers of the United Nations SecurityCouncil and General Assembly. In this hypothesis, all threecategories of effects exist to the full extent that the explicitand implicit powers of the adopting body allow for them. Extrinsiceffects are directly based on general international law, inparticular on the rules of formation of customary internationallaw. Here, there are no causative effects. Substantive effectsdo not strictly speaking exist; only pre-substantive ones do.And modal effects are always immediate, non-retroactive andreversible.     

Regional Arrangements as Agents of the UN Security Council: Some African and European Organisations Contrasted

The increased burden placed upon the UN Security Council in the post-Cold War era in respect of its discharge of its primary responsibility for the maintenance of international peace and security has fuelled calls for the greater use of regional arrangements as agents of the Council, to relieve its burden. However, the various agendas and capabilities of different arrangements make it difficult to adopt a uniform template of the role which regional arrangements can play as conductors of peace support operations authorised by the Security Council. This article attempts to provide a framework against which the potential role of different arrangements as viable agents to which the Security Council can entrust military enforcement operations, before going on to assess how selected African and European organisations fare against this framework. It will be demonstrated that when assessed against this framework, the organisations selected for comparison are remarkably similar.

The Security Council in the Face of Genocide

The genocide in Rwanda will define for our generation the failureto intervene in the face of mass human rights abuses. The UNSecurity Council (the Council) was intimately involved in thisterrible event, with the decisions it took from October 1993,when a peacekeeping mission was created for Rwanda, having adecisive effect on what happened. This article details the crucialmeetings held by the Council in secret and informal sessionsand describes how a serious assessment of the situation in Rwandawas simply missing. It shows how the peacekeepers of the Council'smission to Rwanda were abandoned during the genocide and howthe efforts of these UN personnel to ease the suffering of theRwandan people were ignored by the Great Powers.     

近十年江苏人口的变化特征

近十年江苏人口发展出现了如下六大特征：人口增长速度减缓,不少地区出现人口零增长;平均受教育年限延长,盲半盲率大幅度下降,而高化程度的人数增长迅速;人口老龄化问题严重,2000年江苏65岁以上人口占总人口的8．84％,仅低于上海和浙江;早婚率大幅度下降,离婚人数以较快速度增长,在江苏未婚、可婚人口中,大龄男女性比例严重失调;劳动力老化严重;每年净增长劳动力多,随着高校扩招,江苏将出现人才的结构性过剩;市镇人口以每年8％的速度增长,2000年市镇人口比重为42％。     

The Role of Security Council Arms Embargoes in Stemming Destabilizing Transfers of Small Arms and Light Weapons (SALW): Recent Developments and Challenges

Netherlands International Law Review -