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1
Kolb, Andreas S. The UN Security Council Members' Responsibility to Protect. Berlin, Heidelberg: Springer Berlin Heidelberg, 2018. http://dx.doi.org/10.1007/978-3-662-55644-3.
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Bellamy, Alex J. UN Security Council. Edited by Alex J. Bellamy and Tim Dunne. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780198753841.013.14.
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This chapter focuses on the Security Council’s special responsibilities in relation to R2P. It argues that the adoption of R2P in 2005 reflected a growing commitment to human protection on the part of the Council, already evident in its adoption of the protection of civilians as a thematic agenda in Resolution 1265 (2000). Nevertheless, the Council was initially reluctant to embrace, let alone act upon, the responsibilities laid out by R2P largely owing to fears on the part of Russia, China, and some non-Western non-permanent members that the new concept masked an interventionist political agenda. Over time, the Council has grown significantly more supportive of R2P and comfortable with its use in both thematic and operational resolutions to the point where the inclusion of R2P language in Council resolutions has become almost habitual in situations characterized by the threat or commission of atrocity crimes.
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White, Nigel D. The Relationship between the Un Security Council and General Assembly in Matters of International Peace and Security. Edited by Marc Weller. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780199673049.003.0014.
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This chapter examines the division of competence between the UN Security Council and the UN General Assembly concerning matters of international peace and security but placed within the context of the prohibition on the use of force. Although the Security Council can authorize the use of force by states, what is not clear is whether the General Assembly can recommend that states take military action. The chapter considers the conundrum faced by the United Nations with respect to an imminent and catastrophic use of force or act of egregious violence, when the UN Security Council is deadlocked because of the lack of agreement between the permanent members. It discusses the debate over the legality of the (in)famous Uniting for Peace Resolution of 1950 within the context of the emerging principle of a Responsibility to Protect (R2P) as well as within existing principles of international law.
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Adebajo, Adekeye. Boutros Boutros-Ghali, 1992–1996. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198748915.003.0007.
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Egyptian scholar-diplomat Boutros Boutros-Ghali’s relationship with the UN Security Council was a difficult one, resulting eventually in him earning the unenviable record of being the only Secretary-General to have been denied a second term in office. Boutros-Ghali bluntly condemned the double standards of the powerful Western members of the Council—the Permanent Three (P3) of the US, Britain, and France—in selectively authorizing UN interventions in “rich men’s wars” in Europe while ignoring Africa’s “orphan conflicts.” The Council’s powerful members ignored many of his ambitious ideas, preferring instead to retain tight control of decision-making on UN peacekeeping missions. Boutros-Ghali worked with the Security Council to establish peacekeeping missions in Bosnia, Cambodia, Haiti, Rwanda, and Somalia.
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Loraine, Sievers, and Daws Sam. Ch.6 Voting. Oxford University Press, 2014. http://dx.doi.org/10.1093/actrade/9780199685295.003.0006.
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This chapter illustrates how voting in the Security Council is carried out. The UN Charter provides that each member of the Security Council shall have one vote, that the decisions of the Council on procedural matters must be affirmed by a vote from nine members, that Council decisions on all other matters shall be made by an affirmative vote of nine members including the concurring votes of the permanent members under certain provisions, among others. To that end, the chapter discusses further regulations that facilitate the voting process itself; such as procedures laid in place in the case of vetoes, an insufficient number of affirmative votes, voting on particular areas, interruptions, abstentions, absences, outright non-participation, as well as the processes for the finalisation of the vote.
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Soto, Álvaro de. Javier Pérez de Cuéllar, 1982–1991. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198748915.003.0006.
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When Javier Pérez de Cuéllar came to office in 1982 the threat of nuclear annihilation had receded but the collegiality among the Security Council’s permanent members was still absent. The scope for a UN role in the search for peace, particularly in proxy conflicts, remained small. Pérez de Cuéllar’s cautious demeanor masked a willingness to unexpectedly move in a swift and bold fashion. He worked within the constitutional no man’s land between the Security Council and the Secretary-General, sometimes at a slight remove from the Security Council so as to dissociate himself from its mistakes or omissions, using the “reservoir of authority” and “wide margin of discretion” implicit in the Charter. The combination of a Secretary-General to whom the post came unsought and a Security Council which had confidence in him produced the crucial synergy that developed between these two principal organs at a critical juncture.
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Ravndal, Ellen Jenny. Trygve Lie, 1946–1953. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198748915.003.0002.
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This chapter explores all aspects of Trygve Lie’s interaction with the Security Council, beginning with his appointment process and the negotiation of the relative domains of the Council and the Secretary-General. This was a time when the working methods of the UN system were rapidly evolving through political negotiation and responses to external crises. It examines Lie’s personality and character, how he viewed his own responsibilities in the maintenance of international peace and security as crises arose, the legal and political tools he developed and exercised, and his changing relationship with individual permanent members and the six elected members. In the emerging Cold War, Lie’s position in the Security Council would be determined in particular by his relationships with the United States and the Soviet Union. Taking initiative in response to external crises in Iran, Palestine, Berlin, and Korea, Lie succeeded in laying foundations for an expanded political role for the Secretary-General.
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Firestone, Bernard J. U Thant, 1961–1971. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198748915.003.0004.
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U Thant assumed the position of Acting Secretary-General with the office under assault from the Soviet Union, Cold War tensions escalating, and the UN mired in an inconclusive peacekeeping mission in the Congo. Ten years later, Thant retired from the Secretary-Generalship with the integrity of the office having been preserved but with the powers of the Secretary-General significantly reduced. Thant acknowledged the limitations of a Security Council divided by Cold War rivalries and subject to the veto of the permanent members, but he also subscribed to the view that the Charter granted him the authority to engage in diplomacy without a specific Security Council or General Assembly mandate. By examining the peacekeeping record of the UN during Thant’s ten years in office, this chapter will trace the evolution of a UN and Secretary-General significantly more modest in ambition and international profile than the UN of Thant’s predecessor. In the process, the chapter will explore aspects of Thant’s personality, world view, and conception of the office.
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Morris, Justin, and Nicholas Wheeler. The Responsibility Not to Veto. Edited by Alex J. Bellamy and Tim Dunne. Oxford University Press, 2016. http://dx.doi.org/10.1093/oxfordhb/9780198753841.013.13.
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The responsibility to protect (R2P) and the question of UN Security Council veto constraint are intimately linked, but whilst the R2P has become increasingly embedded in diplomatic discourse and practice, the idea that in relation to it the Council’s five permanent members should recognize a ‘responsibility not to veto’ (RN2V) has fared less well. This chapter examines why this should be so. In its assessment of the prospects for, and pros and cons of, veto-restriction, the chapter argues that opposition amongst the P5 to the idea of a RN2V is unlikely to change in the foreseeable future, and it charges advocates of the idea with a failure to recognize that it is ill-conceived to believe that R2P can transcend great power cleavages in international society, whether these stem from principles of prudence, conflicting value systems, or the play of self-interest and great power jockeying for position.
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Bhagavan, Manu. India and the United Nations. Edited by David M. Malone, C. Raja Mohan, and Srinath Raghavan. Oxford University Press, 2010. http://dx.doi.org/10.1093/oxfordhb/9780198743538.013.43.
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This chapter discusses India’s association with the United Nations. Guided by the vision of Mahatma Gandhi and Jawaharlal Nehru, the country initially had a highly successful grand strategy guiding its foreign policy that placed that UN at the centre of its diplomatic efforts. Things took a sharp downward turn, however, during the administration of Indira Gandhi, and the relationship has lacked cohesion and meaningful direction ever since. In recent times, India has sought to become a permanent member of the Security Council and has relatedly but unsuccessfully attempted to wield influence, though large questions about its purpose and goals remain. Contemporary crises, though, now make the answers ever more urgent.
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Kolb, Andreas S. The UN Security Council Members' Responsibility to Protect: A Legal Analysis. Springer, 2017.
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Kolb, Andreas S. The UN Security Council Members' Responsibility to Protect: A Legal Analysis. Springer, 2018.
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Roberts, Anthea. The Divisible College of International Lawyers. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190696412.003.0001.
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This chapter explores three concepts—difference, dominance, and disruption—that play a central role in comparative international law. In examining the extent to which international law is international in the academies and textbooks of the five permanent members of the UN Security Council, the author makes three arguments. First, international law academics are often subject to differences in their incoming influences and outgoing spheres of influence in ways that reflect and reinforce differences in how they understand and approach international law. Second, actors, materials, and approaches from some states and regions have come to dominate certain transnational flows and forums in ways that make them disproportionately influential in constructing the “international.” Third, existing understandings of the field are likely to be disrupted by factors such as changing geopolitical power that will make it increasingly important for international lawyers to understand the perspectives and approaches of those coming from unlike-minded states.
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Walker, Ida. The Five Permanent Members of the Security Council: Responsibilities And Roles (The United Nations: Global Leadership). Mason Crest Publishers, 2006.
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Jalloh, Charles Chernor. The African Union, the Security Council, and the International Criminal Court. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198810568.003.0009.
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This chapter analyses the controversies surrounding the work of the African Union, the Security Council, and the International Criminal Court. It examines whether the legal justifications offered for the Security Council’s involvement in matters of international criminal justice, as administered by the ICC, match the emerging practice. The chapter reviews the drafting history of the Rome Statute to identify the initial benchmark against which to assess the Chapter VII referral and deferral resolutions and their impacts, if any, on the world’s only permanent international penal tribunal. The chapter situates the ICC within a new post-Cold War global paradigm that is not only concerned with ensuring the collective peace, which is the classical responsibility of the UN, but also ensures that international criminal justice is meted out to at least some of the leaders who foment the world’s worst atrocities.
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Dame Rosalyn, DBE, QC, Higgins, Webb Philippa, Akande Dapo, Sivakumaran Sandesh, and Sloan James. Part 2 The United Nations: What it is, 3 The Security Council. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198808312.003.0003.
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The Security Council is unique among the principal organs of the UN in two important ways: member states agree to accept and carry out the decisions it takes in accordance with the UN Charter, and member states have conferred upon it primary responsibility for the maintenance of peace and security. It is also the most influential of the UN principal organs. Since the end of the Cold War the productiveness of the Security Council has increased dramatically. In the 1990s, it adopted an average of 64 resolutions a year. In 2016, it adopted 76 resolutions. This chapter discusses the Security Council’s membership, procedure, meetings, non-members, non-state entities, voting, presidency, and functions (oversight and peace and security).
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Cheong-Ann, Png. Part I The International Law of Tainted Money, 3 International Legal Sources II—the United Nations Security Council Resolutions. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198716587.003.0003.
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This chapter looks at the work of the United Nations Security Council, which it states is, in addition to the United Nations conventions, central to global anti-terrorism efforts. The Security Council, as one of the principal organs of the United Nations (UN), is the body that the UN Charter vests with primary responsibility for the maintenance of international peace and security. The chapter looks at the composition and running of the Security Council. Chapter VI of the UN Charter enables the Security Council to take certain measures in situations where the continuation of a dispute is likely to threaten international peace and security. Chapter VII of the UN Charter enables the Security Council to take relatively far-reaching measures that are mandatory obligations for UN members, including the use of force, and it has a fair degree of discretion in the adoption of these measures. The chapter looks at a number of UN Security Council resolutions in detail.
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Loraine, Sievers, and Daws Sam. Ch.2 Place and Format of Council Proceedings. Oxford University Press, 2014. http://dx.doi.org/10.1093/actrade/9780199685295.003.0002.
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This chapter discusses the format and venue of Security Council meetings. The Charter holds that the Security Council should be organized so that a meeting could be convened at any time. This was partly because meetings were the format for action-taking by the Council of the League of Nations, and this was expected to be the case for the UN Security Council at the time the Charter was drafted. In addition, it was decided that the Council must hold periodic meetings at which each of its members may be represented, and that the meetings may be held at venues other than the seat of the Council, should the venue chosen prove useful in facilitating the Council's work.
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James D, Fry, and Chong Agnes. 3 Institutional Structure and the Position of Members, 3.3 Conditions of Admission of a State to Membership in the United Nations ( Article 4 of the Charter ), Advisory Opinion, [1948] ICJ Rep 57; Competence of the General Assembly for the Admission of a State to the United Nations , Advisory Opinion, [1950] ICJ Rep 4. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198743620.003.0017.
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Statehood traditionally has been determined by reference to the Montevideo Convention criteria. However, more recently, many commentators have come to see collective recognition through UN membership as the main avenue to statehood, a view supported by the extraordinary efforts taken by emerging states to gain UN membership. Only states can be UN members, and so UN membership is the ‘badge’ of statehood, or so the argument goes. In light of this shift to collective recognition through UN membership, the two ICJ advisory opinions gain particular importance. In responding to the political stalemate in the Security Council over admission of new UN members, the ICJ insisted on adhering to the legal rules of the UN Charter concerning admission, which is one of the main lessons of these advisory opinions. However, politics ultimately prevailed over the law when resolving the stalemate, which might be the more important lesson.
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Roberts, Anthea. Project Design. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190696412.003.0002.
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This chapter introduces some of the study’s main concepts. It situates this study within a growing body of comparative international law scholarship and describes how international law should be understood as a transnational legal field, drawing on concepts from sociology. It explains why the study focuses on academics and textbooks, and examines “elite” law schools from the five permanent members of the Security Council, along with what these approaches highlight and obscure. It introduces concepts that are important for the study, including: nationalizing, denationalizing, and westernizing influences; notions of the core, semiperiphery, and periphery; and English as international law’s lingua franca. Finally, it highlights some methodological points and limits, including that the study does not attempt to distinguish between factors that reflect and reinforce different understandings of and approaches to international law and that it largely captures a snapshot in time rather than providing a full historical overview.
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Roberts, Anthea. Comparing International Law Textbooks and Casebooks. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190696412.003.0004.
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International law textbooks, casebooks and manuals are important to study as they help to reveal how international law is understood, found, and interpreted by the current generation of international lawyers in a particular state and how this conventional wisdom is passed on to the next generation. These books play a significant socializing role in shaping international lawyers’ knowledge of which issues are core, which sources are important, which debates are controversial, which norms are settled, and who and what the leading authorities are. This chapter compares the books that are used to teach international law in the five permanent members of the Security Council. Using case studies (e.g., humanitarian intervention and state sovereignty) and visual representations (e.g., citation patterns of case law), this chapter sheds light on how nationalized, denationalized, and westernized the books from these states are in terms of their substance, sources, and approaches.
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Lydia, Davies-Bright, and White Nigel D. 3 Institutional Structure and the Position of Members, 3.1 Case Concerning Questions of Interpretation and Application of the 1971 Montreal Convention Arising from the Aerial Incident at Lockerbie ( Libya Arab Jamahiriya v United States of America ), Request for the Indication of Provisional Measures, Order of 14 April 1992 , [1992] ICJ Rep 114. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198743620.003.0015.
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The case presented the International Court of Justice with the possibility of reviewing the legality, or at least the legal effects, of a Chapter VII resolution of the Security Council in contentious proceedings brought by Libya arising out of its refusal to extradite two Libyan agents suspected by the US and UK of being responsible for the 1988 bombing of a Pan Am plane over Lockerbie in Scotland. The case did not reach the merits state but the earlier judicial stages, highlighted in this chapter, suggested that the judicial arm of the UN might have been prepared to review the actions of the executive arm.
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Popovski, Vesselin. Renovating the Principal Organs of the United Nations. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198805373.003.0015.
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This chapter critically examines the process of reform of three principal organs of the United Nations: the General Assembly, the Security Council, and the Secretariat. It discusses the shortcomings and obstacles of the process and recommends how to move forward. The purpose of reform is to enhance both justice and security by forging more equal representation and allowing more efficient responses to threats to the peace. The chapter offers innovative ideas for revitalizing the General Assembly, improving the selection of UN Secretaries-General, and altering the Security Council’s composition according to a model of “8 + 8 + 8”—a mix of permanent, renewable, and non-renewable seats.
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Jalloh, Charles Chernor, and Ilias Bantekas. Conclusion. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198810568.003.0016.
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Africa has been at the forefront of contemporary global efforts towards ensuring greater accountability for international crimes. This work analyses the relationship and tensions between the International Criminal Court (ICC) and Africa. It traces the origins of the confrontation between African governments, acting individually or within the framework of the African Union, and the permanent Hague-based ICC. Topics examined include Africa, the ICC, and universal jurisdiction; the controversial use of the Prosecutor’s proprio motu power to initiate investigations in Africa; national implementation of the ICC statute in Africa; the complementarity principle; the sequencing of justice and peace; the question of immunity of sitting heads of state; the controversial role of the UN Security Council in referring and deferring situations under ICC investigation; the role of African domestic and traditional courts in the fight against impunity; and the recent withdrawal of some African states parties from the ICC.
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Chitalkar, Poorvi, and David M. Malone. India and Global Governance. Edited by David M. Malone, C. Raja Mohan, and Srinath Raghavan. Oxford University Press, 2010. http://dx.doi.org/10.1093/oxfordhb/9780198743538.013.42.
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India’s engagement with the institutions and norms of global governance has evolved significantly since independence in 1947. This chapter traces the evolution—beginning with early engagement with international organizations under Nehru, to the waning of its enthusiasm for multilateralism in the 1960s and 1970s, and its struggle for greater voice and recognition internationally in the twenty-first century. Through the prism of its quest for a permanent seat in the UN Security Council, its approach to climate change negotiations, global economic diplomacy, and its engagement with global norms, this chapter traces India’s rise as a vital player in the rebalancing of international relations in a multipolar world. However, despite its tremendous progress, some ongoing challenges continue to constrain India’s meaningful participation in global governance at times. The chapter concludes with an assessment of India’s contribution to global governance and its prospects as a stakeholder and shareholder on the global stage.
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Loraine, Sievers, and Daws Sam. Ch.3 The People. Oxford University Press, 2014. http://dx.doi.org/10.1093/actrade/9780199685295.003.0003.
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This chapter defines the members eligible for participation in the Security Council, as well as the roles of the persons presiding therein. Notably, the UN Charter stated that the United Nations places no restrictions on the eligibility of men and women to participate in its work, though it would be over twenty years since the Charter's inception before a woman was appointed into the Council. The chapter goes on to define the role of each member in the context of Council meetings, and emphasises the potential of a diverse membership contributing unique ideas and perspectives to the decision-making process.
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Dame Rosalyn, DBE, QC, Higgins, Webb Philippa, Akande Dapo, Sivakumaran Sandesh, and Sloan James. Part 2 The United Nations: What it is, 12 The United Nations and International Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198808312.003.0012.
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The United Nations (UN) is a subject of international law. It develops international law and is, to a certain extent, subject to international law obligations. The UN Charter is interpreted in the light of international law. Under Article 103 of the Charter, the UN can, through the Security Council, create obligations for member states that prevail over international law obligations. The political bodies of the UN are a relevant forum in which to find various sources of law, including treaties and customary international law. The UN is a forum for state practice by its members, and UN organs contribute to the development and clarification of law. This chapter discusses the development of international law by the UN; the interpretation of international law by the UN; the application of general international law to the UN; and the effect of the UN Charter on international law (Article 103).
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Loraine, Sievers, and Daws Sam. Ch.10 Concluding Reflections. Oxford University Press, 2014. http://dx.doi.org/10.1093/actrade/9780199685295.003.0010.
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This concluding chapter reflects on the insights made in the preceding chapters, which themselves reveal that the procedures of the Security Council are extensive, complex, versatile, and progressive. But of course, Council procedures have also been met with criticism. Dissatisfaction with the procedures of the Security Council was one key element which led to a heightened interest in Security Council reform. However, the Council has in fact made a serious and sustained effort to adopt new methods to render its proceedings more efficient and effective, though its improvements have been underestimated. The dialogue over the Council's working methods can thus become more productive if the Security Council members and the wider UN membership keep in mind their shared interest in the effective implementation of effective decisions by the Council.
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Jalloh, Charles Chernor, and Ilias Bantekas, eds. The International Criminal Court and Africa. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198810568.001.0001.
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Africa has been at the forefront of contemporary global efforts towards ensuring greater accountability for international crimes. But the continent’s early embrace of international criminal justice seems to be taking a new turn with the recent pushback from some African states claiming that the emerging system of international criminal law represents a new form of imperialism masquerading as international rule of law. This work analyses the relationship and tensions between the International Criminal Court (ICC) and Africa. It traces the origins of the confrontation between African governments, acting individually or within the framework of the African Union, and the permanent Hague-based ICC. Topics examined include Africa, the ICC, and universal jurisdiction; the controversial use of the prosecutor’s proprio motu power to initiate investigations in Africa; national implementation of the ICC statute in Africa; the complementarity principle; the sequencing of justice and peace; the question of immunity of sitting heads of state; the controversial role of the UN Security Council in referring and deferring situations under ICC investigation; the role of African domestic and traditional courts in the fight against impunity as well as the recent withdrawal of some African states parties from the ICC. Leading commentators offer valuable insights on the core legal and political issues that have bedevilled the relationship between the two sides and expose the uneasy interaction between international law and international politics.
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Loraine, Sievers, and Daws Sam. Ch.8 Subsidiary Bodies. Oxford University Press, 2014. http://dx.doi.org/10.1093/actrade/9780199685295.003.0008.
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This chapter explores the subsidiary organs of the Security Council, which commonly refer to the Council's sanctions committees, counter-terrorism committees, and working groups. Another interpretation includes peacekeeping operations, tribunals, commissions, special representatives, good offices missions, an ombudsperson, sanctions monitoring groups, and other individuals or groups requested to perform specified tasks. A subsidiary organ of the Security Council (also known as a subsidiary body) can conduct its operations at UN Headquarters or in the field. Some subsidiary organs have been given tasks of short duration, whereas others have a long-term existence, and still others are activated only when there is work to be done. Some subsidiary bodies, such as sanctions committees, are composed of representatives of some or all members of the Council, whereas others, such as tribunals, may have an entirely separate composition.
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Loraine, Sievers, and Daws Sam. Ch.1 The Constitutional Framework. Oxford University Press, 2014. http://dx.doi.org/10.1093/actrade/9780199685295.003.0001.
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This introductory chapter presents the background and definition of the framework used in Security Council operations. The UN Charter had been ratified in haste in 1945, though there soon arose difficulties in interpretation and procedure as regards a document that is essentially a living institution. Consequently, much of the practice established by the Security Council in relation to the interpretation of its Provisional Rules of Procedure developed during those early decades. Practice was generally laid down on a case-by-case basis, sometimes without complete consistency, until there seemed to be consensus on most of the procedural points at issue. Since the end of the Cold War, while skirmishes over procedure among Council members still occasionally occur, more often the procedural matters taken up by the Security Council have been in connection with its relations with non-Council Member States and working methods which would enhance the Council's efficiency.
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Gowan, Richard. Ban Ki-moon, 2007–2016. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198748915.003.0009.
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During Ban Ki-moon’s tenure, the Security Council was shaken by P5 divisions over Kosovo, Georgia, Libya, Syria, and Ukraine. Yet it also continued to mandate and sustain large-scale peacekeeping operations in Africa, placing major burdens on the UN Secretariat. The chapter will argue that Ban initially took a cautious approach to controversies with the Council, and earned a reputation for excessive passivity in the face of crisis and deference to the United States. The second half of the chapter suggests that Ban shifted to a more activist pressure as his tenure went on, pressing the Council to act in cases including Côte d’Ivoire, Libya, and Syria. The chapter will argue that Ban had only a marginal impact on Council decision-making, even though he made a creditable effort to speak truth to power over cases such as the Central African Republic (CAR), challenging Council members to live up to their responsibilities.
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Marinova, Nadejda K. Lebanese-American Allies of the Bush Administration. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190623418.003.0005.
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Utilizing firsthand interviews with activists and Lebanese diaspora leaders, the chapter centers on the active role of a coalition of Lebanese-American organizations who advanced their positions and those of the Bush administration in promoting, before UN diplomats, members of Congress, the public, and the media, the passage of UN Security Council Resolution 1559 (2004). UNSCR 1559 mandated Syrian withdrawal from Lebanese territory and militia disarmament. The chapter also analyzes the involvement of Lebanese-American organizations in lobbying for the Syria Accountability and Lebanese Sovereignty Restoration Act (2003). The novel relationship between US policymakers and their junior Lebanese-American allies was in contrast to the 1990s, when Washington was interested in preserving the status quo with Syria and doors had been closed for the Lebanese diaspora activists. The relationship upholds the theoretical model central to this work, and it traces the interaction between the Bush administration and Lebanese-American organizations from 2001 until 2005, when Syria withdrew its troops from Lebanon.
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Claus, Kreß, and Nußberger Benjamin K. Part 1 The Cold War Era (1945–89), 19 The Entebbe Raid—1976. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198784357.003.0019.
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In 1976, Israel conducted a successful, but highly controversial military rescue operation in Entebbe, Uganda, to save its nationals taken hostage on Ugandan territory by members of the ‘Popular Front of Liberation of Palestine’. From an international legal perspective, this case revolves around the existence of a right of a state to take military action to protect its nationals abroad in mortal danger. Following an extensive legal debate in the Security Council on the incident, it appears safe to conclude that a rescue operation such as conducted in Entebbe passes the threshold for a use of force within the meaning of Article 2(4) UN Charter. In light of the ambiguous justification, however, it appears that an Entebbe-type situation falls within a grey area of the prohibition of the use of force. Still, the incident suggests that if states are willing to support the legality of a military rescue operation only the right of self-defence can conceivably justify such a use of force, and only in a case where the local state does not itself deal with the threat in good faith, and under strict conditions of proportionality.
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Marinova, Nadejda K. Ask What You Can Do For Your (New) Country. Oxford University Press, 2017. http://dx.doi.org/10.1093/acprof:oso/9780190623418.001.0001.
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This book focuses on a previously unexamined phenomenon: how host governments utilize diasporas to advance their foreign policy agendas in mutually beneficial ways. The book advances a four-factor theoretical model to analyze the phenomenon for when this occurs, and it delves into the multiple avenues across which it takes place, in a variety of regimes, and across political, security, and commercial matters, proposing a classification with examples worldwide. It shows how, with the endorsement of the host government, select diaspora groups become spokespersons for a heterogeneous diaspora at large, advancing their interests and those of the host state. The contribution is grounded in research on diaspora and migration, ethnic lobbies, and transnationalism. The eight cases of testing the model include the Lebanese-American diaspora on policy toward Syria and Lebanon under George W. Bush, including UN Security Council Resolution 1559 and the Syria Accountability and Lebanese Sovereignty Restoration Act; the Iraqi National Congress and the US administration in “selling” the 2003 Iraq war to the US and international public; the two ends of the political spectrum of Cuban-American organizations on Cuba policy under Presidents Carter and Reagan; the Iranian government’s use of Shi’i clerics from the Supreme Council for Islamic Revolution in Iraq (1982–2003) vis-à-vis Iraq and with Iraqi refugees and prisoners of war. In commercial matters, it includes the multidiaspora International Diaspora Engagement Alliance (IdEA) of the US State Department (2011–) directed at homeland development; and the Brazilian state and Syro-Lebanese members of the Arab-Brazilian Chamber of Commerce since the 1970s, as an intermediary with the Arab League.