The stability of international coalitions in United Nations voting from 1946 to 1973

The stability of outcomes under democratic decision-making is a significant issue in public choice. Several factors might make U.N. voting blocs less stable than blocs in national legislatures. Nevertheless, the data suggest that from 1946 to 1973 United Nations voting blocs were relatively stable. Nations that leave their blocs tend to vote with nearby blocs rather than making large ideological shifts, and tend to return to their old blocs. There does not appear to be cycles in United Nations voting blocs. Furthermore, the blocs can be ranked on a stable single-dimensioned continuum, lending further evidence that United Nations voting blocs are stable.     

联合国国际人权两公约之背景,内容与意义

联合国国际人权两以约是国际社会在人权保护方面最重要的两个公约。两公约诉产生过程,内容和执行体系,都表明国际社会在人权保护领域既普遍的共识,也有尖锐的分歧。两公约本身即是求同存异的产物,它是尽可能地融合了东西方国家对人权的不同理解,充实和发展了《联合国宪章》中关于基本人权的内容和为人权领域的国际合作提供了国际法依据。但是,人权进行国际法领域,并不意味着可以把人权作为攻击或干涉他国内政的工具,借口不人     

The UN system's contribution to Asia-Pacific security architecture

Although it has been the major states of China, the former Soviet Union and especially the United States that have made the major contributions to shaping the security architecture of the Asia-Pacific region since 1945, the UN system has played a useful, adjunct role. This is especially the case in the post-Cold War era when its principal bodies, together with its various specialized agencies, have provided vital support in moving warring societies into a period of relative peace and stability. The UN peace-building operations in Cambodia and East Timor were some of the most demanding ever undertaken by this universal institution. But beyond these particular examples, the United Nations has been influential in the region in other, more indirect, ways. It has set standards, its charter has been a powerful source of ideas when it comes to composing parallel documents at the state or regional levels, and it has helped with the negotiation of global arms control treaties, making up to some degree for the absence of such arrangements at the regional level. The UN has also had a legitimating function, providing an arena where Asia-Pacific states can publicize their grievances, and receive approval or reprimand for their behaviour. It has played a valuable role, too, as third-party mediator. However, the UN's political structure constrains the contribution it can make to the security order since it is reliant on major state agreement before it can act. Veto power - not its actual use but simply its anticipated use - gives China, Russia and the United States a controlling function with respect to a potential UN role in the management of conflict. Beijing and Washington would work, and have worked, to exclude the United Nations from major involvement in conflicts in which they have direct security interests: the Taiwan and Korean issues being the two most obvious in this regard. Thus, the United Nations is a useful buttress but not a central pillar of the region's security architecture.     

International Law,European Union,and Case of Kosovo in 1991 and 2008

As the extraordinary session of Kosovo＇s parliament held on February 17, 2008, the declaration for independence of Kosovo was enacted. From the aspect of European Union （EU） which consists of 28 member states, Kosovo was recognized by 23 member states of the union until the present. This means that the process of the international recognition of Kosovo by the member states of the EU is carried out in satisfactory direction for the Kosovo＇s authorities, unlike the first attempt in 1991 when Kosovo also demanded international recognition from the union during the process of the dissolution of the former Socialist Federal Republic of Yugoslavia （SFRY）, however, this application of Kosovo＇s recognition was not reviewed at all. Hence, in conditions of the same legal status of Kosovo in Serbia as well as the same legal foundation in 1991 and 2008, we can notice the double criteria in application of the international law by the EU. Therefore, the issue that we would like to raise is whether the international law for the EU is a true law or moral/law of choice. In other words, the author would like to present the idea whether the international recognition of Kosovo meets the international law.     

Who controls the machine,revisited: command and control in the United Nations reform effort

Revisiting an analysis done ten years ago during one of the periodic efforts to reform the United Nations, the article suggests that the problem of control and accountability of the programming and budgeting process of the United Nations has not yet been resolved. Noting that the existing process does not allow for major changes in programmes and priorities and that it does not give the Secretary-General or the Member States a means for determining the organization's effectiveness, it argues for a new approach to command and control based on a service-delivery approach and adjustment of existing institutions. © 1997 John Wiley & Sons, Ltd.     

Public Enterprise as an Instrument of Development

This is a paper presented on 6th October, 1966 by the author at the tenth session of the Working Party on Economic Development and Planning, United Nations Economic Commission for Asia and the Far East (ECAFE), which was organized by ECAFE with the co-operation of the United Nations Public Administration Branch and held in Bangkok, Thailand, 3-10 October, 1966. The author is the Head of the United Nations Public Administration Branch and concurrently the Senior Deputy Director of the Bureau of Technical Assistance Operations. The views expressed herewith are the views of the author and do not necessarily represent those of the United Nations.     

The Reconstitution of American Federalism? The Rehnquist Court and Federal-State Relations, 1991-1997

This article surveys the U.S. Supreme Court justices' recentopinions on federal-state relations with a special focus theCourt's 1996 term. Contrary to some claims, the Rehnquist Courtis not reconstituting definitions of American federalism orthe function of the Court in defining federal-state relations.What has occurred is a revitalization of a long-standing interpretiveconflict about the deployment of government power within a legallyconstituted regime. Therefore, the debate in such cases as Printzv. United States, Camps New found/Owatonna v. Town of Harrison,City of Boerne v. Flores, and Idaho v. Coeur d'Alene Tribe isabout how the political principles contained in the nation'sfoundational legal and historical texts, such as The Federalistand other records of the American Founders, ought to be interpretedby the justices. However, despite the limited focus on interpretativetechnique, the justices' debate about federalism still has importantpolitical consequences that will affect future discussions aboutcongressional and state government power.     

The Refugee Crises: a Study of the United Nations High Commission for Refugees

Recent events in international relations have raised the prospect of the United Nations organization attempting to provide a much more positive role in world affairs. This is also true for the constituent parts of the United Nations, in particular the United Nations High Commission for Refugees whose responsibilities have grown in recent years as the world's refugee population has multiplied and changed in character. The paper analyses the general development of the UNHCR from its establishment in 1951 and assesses its contemporary role as an actor in a post-Cold War environment. The claims of both critics and supporters of the UNHCR are considered on the light of the contemporary, political and financial pressures facing the organization. The paper also considers the character of UNHCR policy and durable solutions to the problem of a rising refugee population. The general analysis is illustrated by the changing role of the UNHCR in dealing with the arrival of the Vietnamese Boat People into Hong Kong from 1979.     

Evolution and Devolution: Citizenship, Institutions, and Public Policy

The United Kingdom is a state of unions. It evolved througha series of diverse unions, each leaving an institutional legacy.Though the United Kingdom was highly centralized it was notuniform. Devolution is rooted in this legacy. Past institutionalarrangements, notably central government departments responsiblefor Scottish, Welsh, and Northern Ireland affairs (collectivelyknown as "administrative devolution") remain central to howUK politics and policy should be understood today. Devolutioninvolved adding elected representative institutions to eachof the components of the state of unions apart from England.The powers, responsibilities, and funding arrangements of devolutionreflect the evolution of administrative devolution. Nonetheless,devolution marks a critical juncture that will accentuate differencesin citizenship rights within the United Kingdom.     

The Planning and Implementation of the Rule of Law Mission of the European Union in Kosovo

Abstract

This article evaluates the planning process and initial implementation of the Rule of Law Mission of the European Union in Kosovo (EULEX). It shows that the original intention was to have a smaller presence than the predecessor United Nations Mission in Kosovo (UNMIK). Yet as a result of a lack of settlement on the international status of Kosovo, the European Union ended up with a robust mandate and it was unable to make a fresh start in order to distinguish itself from the United Nations. EULEX has, nonetheless, successfully established itself, but it remains too early for a final judgment.     

The Israel and Palestine land settlement problem: An analytical history, 4000 B.C.E.–1948 C.E.

This paper traces the history of the modern conflict between Israel and Palestine from 4000 B.C.E. to 1948 C.E.. It shows how Jews and Arabs diverged from a common source to become arch-enemies during the British Mandate over Palestine. It outlines the impact of world war II, the holocaust, treason, and terrorism on the Palestinian problem, and explains why Britain relinquished the Mandate in 1947, leaving the United Nations to resolve the land settlement problem. The paper outlines the manipulation by the USSR and the USA of the United Nations General Assembly vote on Resolution 181, in November 1947. It demonstrates why this corrupted land settlement set the scene for almost 60 years of continuous war and terrorism in the Middle East.     

To Treaty or Not to Treaty? Aboriginal Peoples and Comprehensive Land Claims Negotiations in Canada

Although the federal comprehensive land claims (CLC) processhas become an almost hegemonic paradigm of government–Aboriginalrelations in Canada, this article argues that Aboriginal groupsshould consider abandoning the CLC process if they have notbeen able to make significant progress towards completing treaties.Previously, many Aboriginal groups had no better option butto negotiate CLC treaties to achieve their goals. Now, however,a number of institutional developments have given Aboriginalgroups a range of other options that are worth pursuing insteadof CLC treaties. These developments are: Two judicial decisionshanded down in 2004 and the emergence of three policy instrumentsoutside of the treaty process: Self-government agreements, bilateralagreements, and the First Nations Land Management Act.     

The Intelligence Requirement of International Mediation

This article explores the intelligence requirement of international mediation, a topic that is ignored in both the literature on conflict resolution and the literature on intelligence. A mediator's strategies and tactics ought to be informed by a deep understanding of the parties' internal calculations about the conflict and its resolution. Intelligence is needed to gain this understanding because the parties typically do not reveal their sensitive deliberations to outsiders. United Nations mediation teams should have a monitoring and analysis unit that endeavours to meet this need and reduce the ignorance that commonly afflicts international mediation.     

The EU's Central African Republic mission

The European Union's mission in the Central African Republic seeks to provide temporary support to African-led efforts to contain the current conflict, bridging the gap until a larger United Nations peacekeeping force arrives. Although an initial crisis-management plan was agreed with unusual speed, it has taken much longer than anticipated to get troops on the ground.     

The Alma Mater effect: Does foreign education of political leaders influence UNGA voting?

Public Choice - We study whether national leaders’ foreign education influences their voting behavior at the United Nations General Assembly. We hypothesize that...     

UN Peace Operations and Conflicting Legitimacies

ABSTRACT

Analyses of United Nations (UN) peacekeeping increasingly consider legitimacy a key factor for success, conceiving of it as a resource that operations should seek and use in the pursuit of their goals. However, these analyses rarely break down legitimacy by source. Because the UN is an organization with multiple identities and duties however, different legitimacy sources – in particular output and procedural legitimacy – and the UN’s corresponding legitimation practices come into conflict in the context of peacekeeping. Drawing on a range of examples and the specific case of the United Nations Organization Mission in the Democratic Republic of the Congo (MONUC), this article argues that looking at different legitimacy sources and linking them to the institutional identity of the UN is thus critical, and it shows how the UN’s contradictory legitimation practices can reduce overall legitimacy perceptions.     

Judicial policy‐making and the evolving rotection of human rights: The European court of human rights in comparative perspective

This contribution is a comparative analysis of three attempts to strengthen the supranational protection of human rights in an increasingly transnational world. It focuses on the Human Rights Committee of the United Nations, the European Court of Human Rights and the Inter‐American Court of Human Rights. The recent decision by the Inter‐American Court on the forced disappearance of individuals by state or para‐state forces illustrates the important role of cross‐pollenisation from the European Court and the United Nations. It further demonstrates how judges on supranational courts attempt to make law in the face of uncertain government compliance.     

Beyond borders: The human rights imperative for intervention in Kosovo

Conclusion A close reading of the United Nations Charter supports humanitarian intervention in Kosovo. While the explicit Charter provisions permitting force do not appear to be applicable, the Charter implicitly permitted and even mandated the action. The strongest justifications for humanitarian intervention in Kosovo are linked to affirmative human rights concerns, subject to substantive and procedural limitations. While the intervention in Kosovo was fully legal at the outset, any claims that the bombing campaign violated the laws of war should be investigated. Meaningful humanitarian intervention does not threaten world order. Rather, it vindicates the fundamental principles for which the United Nations was created. The author acknowledges the tremendous assistance of Katherine Guernsey and Barbara Wilson in the preparation of this article.     

Who controls the machine,III: accountability in the results‐based revolution

Following up on two previous analyses of the efforts of Member States to solve the problems of command and control in the United Nations and its organisations, the article focuses on the latest effort, the institution of results‐based budgeting. The approach as applied to assessed budgets is critical for the maintenance of support of major contributors to the United Nations and other international organisations. After reviewing the problems inherent in previous efforts at using programme planning to control the organisation and make it accountable, the article focuses on the use of monitoring and evaluation as means of holding organisations accountable for producing results and on the conditions necessary for this to be effective. It argues that refocusing the work of the Committee for Programme and Coordination and the Office of Internal Oversight Services as its independent secretariat could make the results‐based revolution work and Member States finally to control the machine. Copyright © 2004 John Wiley & Sons, Ltd.