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31. Sovereign Debt Crises as Threats to the Peace: Restructuring under Chapter VII of the UN Charter?

Author:
Matthias Goldmann
Publication Date:
06-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Sovereign debt crises might significantly decrease the level of socioeconomic rights enjoyment for the population in the affected state. According to recent data, they even increase the risk of civil unrest. However, the resolution of sovereign debt crises is compromised by legal obstacles which result from the absence of a statutory, obligatory bankruptcy procedure for states. On the one hand, creditors might refuse to accept an exchange of their debt instrument in the frame of a workout and choose to litigate against the state. On the other hand, states might worsen their situation by unnecessarily delaying inevitable workouts. This article explores whether and to what extent the powers UN Security Council could be deployed in order to mitigate these problems. This requires a reconsideration of the concept of peace in Article 39 UN Charter. The article concludes that, at the request of the International Monetary Fund (IMF), the Security Council might put a stay on the enforcement of creditors' claims or order workout negotiations.
Topic:
Security, International Law, War, and International Monetary Fund
Political Geography:
Germany and United Nations

32. Kosovo's Chances of UN Membership: A Prognosis

Author:
David Ighojohwegba Efevwerhan
Publication Date:
06-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The International Court of Justice has ruled that Kosovo.'s unilateral declaration of independence neither violated general rule of international law nor the lex specialis. As of the time of writing, 86 UN Member States have recognized Kosovo as a State. With the judicial pronouncement in their favour, the authorities in Kosovo are likely to apply for membership in the United Nations. This paper reviews the rules and practice of UN membership admission and assesses Kosovo.'s chances of success should it apply to the world body for admission. It argues that ordinarily, Kosovo meets the requirements for admission into the UN but political considerations of the permanent members of the Security Council would constitute a clog in Kosovo.'s ambition to become the 194th member of the United Nations. However, four options are proffered as ways out of the political logjam that is sure to surface if and when, Kosovo puts in an application for admission into the membership of the UN.
Topic:
Security and International Law
Political Geography:
Kosovo and United Nations

33. How Effective is the United Nations Committee Against Torture?

Author:
Ronagh McQuigg
Publication Date:
08-2011
Content Type:
Journal Article
Abstract:
This article examines the question of how states have responded to the comments of the United Nations Committee against Torture through an analysis of eight Western European states. It is concluded that the Committee's recommendations have had a substantial impact in four of the states surveyed, however only a limited effect in two other states, and little or no impact in the two remaining states. These findings lead to concerns as regards the effectiveness of the Committee against Torture. The article focuses on the Concluding Observations made by the Committee on the reports submitted by the states in question.
Topic:
International Law
Political Geography:
Europe and United Nations

34. The Legal Status of the Holy See

Author:
Cedric Ryngaert
Publication Date:
12-2011
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
The Holy See enjoys rights under international law that few, if any, non-State actors (excluding intergovernmental organizations) enjoy: it has joined various intergovernmental organizations, it is a party to a substantial number of bilateral and multilateral treaties, it sends and receives diplomatic representatives, is said to enjoy immunity from jurisdiction, and has been granted permanent observer status at the United Nations. However, unlike the Vatican City State, the Holy See is not to be characterized as a State, given that it has a global spiritual remit and that it can act internationally without a territorial base. Instead, it is a sui generis non-State international legal person which borrows its personality from its 'spiritual sovereignty' as the center of the Catholic Church.
Topic:
International Law, Bilateral Relations, and Non State Actors
Political Geography:
United Nations

35. Completing the ICTY Project Without Sacrificing its Main Goals. Security Council Resolution 1966 – A Good Decision?

Author:
Donald Riznik
Publication Date:
12-2011
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Almost two decades after having established the ad-hoc criminal tribunal for the former Yugoslavia, this institution is about to fulfill its mandate and will close its doors in the near future. Looking back on 20 years of legal and political struggle, the overall result of this institutional project is positive. This article analyses the way the Security Council and the ICTY have chosen to bring the tribunal to an end by implementing the Completion. The problematic aspect, the Security Council was faced with before its final Resolution 1966, adopted on 22 December 2010, has been outlined together with the chosen path to avoid commitments, especially with regard to its major goal to end impunity for serious breaches of international law, and to bring justice and peace to the people living on the territory of the former Yugoslavia. This (so far) last resolution, which implemented the International Residual Mechanism for Criminal Tribunals (IRMCT), was adopted at a time, when the last two remaining fugitives, Ratko Mladic and Goran Hadzic were still at large. Only a few months ago, the two were caught and transferred to the tribunal. The author argues that not shutting the institutional doors entirely until all remaining fugitives are arrested, was a complex situation in a legal and practical sense. Facing and solving this problem through Resolution 1966 was the best choice at that time. This article will give a brief description about the practical impact of the IRMCT on the ICTY's further work, and the relation between these two judicial institutions during their coexistence.
Topic:
Security and International Law
Political Geography:
Yugoslavia and United Nations

36. "Traditional Gap" in the ICJ's Advisory Opinion on Kosovo

Author:
Mushfig Mammadov
Publication Date:
09-2010
Content Type:
Journal Article
Journal:
The Caucasian Review of International Affairs
Institution:
The Caucasian Review of International Affairs
Abstract:
On February 17, 2008 Kosovo, hitherto the internationally recognized territory of Serbia, unilaterally declared its independence. Three of the five permanent members of the UN Security Council (the USA, UK and France) immediately recognized the independence of Kosovo, while the other two, Russia and China, sharply criticized Kosovo's step and have thus far refused to recognize Kosovo as an independent state. In October 2008 the UN General Assembly requested the International Court of Justice (ICJ), upon the initiative of Serbia, to render an advisory opinion with regard to whether the unilateral declaration of independence adopted by the provisional institutions of Kosovo was in accordance with international law. In its non-binding advisory opinion, delivered on July 22, 2010 the Court stated that the unilateral declaration of independence of Kosovo did not violate international law. Nonetheless, this conclusion is not so clear and simple as it at first might seem, nor so “dangerous”, as it was described in the media and in some reactions, especially upon a closer reading of the entire text of the advisory opinion.
Topic:
International Law
Political Geography:
Russia, China, Kosovo, United Nations, and Serbia

37. How International Law Standards Pervade Discourse on the Use of Armed Force: Insights into European and US Newspaper Debates between 1990 and 2005

Author:
Swantje Renfordt
Publication Date:
05-2010
Content Type:
Working Paper
Institution:
The Kolleg-Forschergruppe (KFG)
Abstract:
For almost a decade, 'public legitimacy' has remained largely unaddressed in empirical international relations (IR) analyses of international legalization. Yet, this concept has behavioral consequences. IR scholars for long assume that a belief in the legitimacy of a norm may be one reason for a 'compliance pull' on the international stage. The present study addresses this gap. It suggests a sociological conception of legalization observable in mass media debates and encompassing law's 'public legitimacy', understood as the congruence between legal regulations and discursive practices to that effect that these rules are also accepted by the larger public. This conception is illustrated in European and US newspaper reporting about military interventions in the post-Cold War era (1990-2005). Based on a large-n media analysis, the study not only concludes that an 'international rule of law' frame is heavily diffused across the communicative practices of European and US public spheres. It also shows that two legal norms in particular – human rights and United Nations (UN) multilateralism – generate a shared sense of 'public legitimacy' across the six countries analyzed.
Topic:
International Law and Mass Media
Political Geography:
United States, Europe, and United Nations

38. The Kosovo Advisory Opinion of the International Court of Justice and its Political Consequences

Author:
Pál Dunay and Steven Haines
Publication Date:
10-2010
Content Type:
Policy Brief
Institution:
The Geneva Centre for Security Policy
Abstract:
Ever since NATO's Operation Allied Force in 1999 resulted in a withdrawal of Serb forces from Kosovo and the establishment of governance arrangements for the province that included an important external presence (with UN, EU, NATO and OSCE missions) as well as Kosovo's own Provisional Institutions of Self Government, the precise future status of Kosovo has been in doubt. Two extreme options were favoured by Serbia and Kosovo, respectively: either for Kosovo to continue as a part of Serbia or for it to achieve independent status (most likely by attaining statehood). On 17 February 2008, a group of Kosovo leaders issued a Declaration of Independence. Serbia responded with a request that the UN General Assembly seek an opinion on the legality of Kosovo's action from the International Court of Justice (ICJ). The Court delivered its Opinion on 22 July 2010. What did the Court say and what are the political consequences of its Opinion?
Topic:
Conflict Resolution, International Law, and Sovereignty
Political Geography:
Europe, Kosovo, United Nations, and Balkans

39. Building Consensus on Principles for International Election Observation

Publication Date:
10-2007
Content Type:
Working Paper
Institution:
The Carter Center
Abstract:
International election observation is conducted by dozens of organizations around the world. As election observation activity has grown and the number of organizations involved has proliferated, several critical challenges have emerged. Foremost is the need for greater coordination and standards of professionalism among election observation organizations. To this end, The Carter Center, the United Nations Electoral Assistance Division (UNEAD), and the National Democratic Institute for International Affairs (NDI), launched a collaborative project to build consensus on best practices in this field.
Topic:
Democratization, Human Rights, International Cooperation, and International Law
Political Geography:
United Nations

40. International Criminal Accountability and Children's Rights

Author:
Vesselin Popovski and Karen Arts
Publication Date:
07-2006
Content Type:
Policy Brief
Institution:
United Nations University
Abstract:
It is common knowledge that children suffer from armed conflicts—both directly, as victims of atrocities, and indirectly, as their childhood, education, family life and expectations are ruined. According to UNICEF, during the last decade more than two million children died as a direct result of armed conflicts, and more than three times that number of children were permanently disabled or seriously injured. An estimated 20 million children have been forced to flee their homes and more than one million have been orphaned or separated from their families. Some 300,000 child soldiers, boys and girls under the age of 18, are involved in more than 30 conflicts worldwide.
Topic:
Crime, Human Rights, and International Law
Political Geography:
United Nations