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Begin New Search Topic International Organization Author Simon Chesterman

1. Asia's Ambivalence about International Law and Institutions: Past, Present and Futures

Author:
Simon Chesterman
Publication Date:
10-2016
Content Type:
Journal Article
Abstract:
Asian states are the least likely of any regional grouping to be party to most international obligations or to have representation reflecting their number and size in international or ganizations. That is despite the fact that Asian states have arguably benefited most from the security and economic dividends provided by international law and institutions. This article explores the reasons for Asia’s under-participation and under-representation. The first part traces the history of Asia’s engagement with international law. The second part assesses Asia’s current engagement with international law and institutions, examining whether its under-participation and under-representation is in fact significant and how it might be explained. The third part considers possible future developments based on three different scenarios, referred to here as status quo, divergence and convergence. Convergence is held to be the most likely future, indicating adaptation on the part of Asian states as well as on the part of the international legal order.
Topic:
International Law, International Organization, History, Courts, and Colonialism
Political Geography:
Japan, China, Europe, India, and Asia

2. Discussions at the Release of The Responsibility to Protect

Author:
Simon Chesterman
Publication Date:
02-2002
Content Type:
Working Paper
Institution:
International Peace Institute
Abstract:
Canadian Foreign Minister William Graham and United Nations Secretary-General Kofi Annan were keynote speakers at a seminar in New York on 15 February to discuss the final report of the International Commission on Intervention and State Sovereignty (ICISS). Entitled The Responsibility to Protect, the report was released at UN Headquarters last December. The seminar was organized by the International Peace Academy with the support of the Canadian Department of Foreign Affairs and International Trade to allow a frank discussion of the Commission's findings and recommendations. Although journalists were invited to the event, all statements except the keynote speeches were off the record.
Topic:
Conflict Resolution, Human Rights, International Law, International Organization, Migration, and United Nations
Political Geography:
Canada

3. Kosovo in Limbo: State-Building and "Substantial Autonomy"

Author:
Simon Chesterman
Publication Date:
08-2001
Content Type:
Working Paper
Institution:
International Peace Institute
Abstract:
Complex peace operations that involve state-building functions are difficult even when the political outcome is clear, as it is in East Timor. In situations such as Kosovo, where the final status of the territory under administration remains unclear, every aspect of state-building is more politically sensitive and more operationally complex. When this occurs in a highly militarized environment and in an unstable region, any departure from a supposedly “interim” solution becomes more difficult still. The Dayton Accords in Bosnia show the dangers of a difficult peace agreement evolving into a constitutional framework that is both unworkable and impossible to change. The conclusion of hostilities may provide the best incentive for belligerents to compromise, but it may subsequently become impossible to reopen such questions without the threat of renewed violence. Future peace agreements are therefore likely to contain state-building provisions that international institutions will assume the task of overseeing, in some situations without a clear political endpoint and exit strategy. In Kosovo, the elections slated for November 17, 2001, reflect a desire for measurable progress and an indication of when the mission will end. An April 2001 report by the UN Secretary-General on this topic was entitled “No exit without strategy”, warning that the UN has too often withdrawn or dramatically altered a peacekeeping operation, only to see the situation remain unstable or sink into renewed violence. Unfortunately, the attitude of lead actors within the Security Council is too often “no strategy without an exit”. State-building after a war will always take years, perhaps decades, and it is disingenuous to suggest otherwise to domestic publics. Elections and limited devolution notwithstanding, the international community will remain in Kosovo and Bosnia for the foreseeable future, certainly with a strong military presence and with at least a supervisory civilian authority. This is an undesirable outcome of what NATO styles as humanitarian interventions, but it is better than all the alternatives. The fact that UNMIK will remain in control of Kosovo for the foreseeable future raises the question of how it should govern. Within UNMIK, there is an increasing tension between those who regard respect for human rights and the rule of law as central to the institution-building aspect of UNMIK's mandate, and those who see this as secondary to the over-riding concerns of peace and security.
Topic:
Conflict Resolution, Human Rights, International Law, International Organization, Migration, and United Nations
Political Geography:
Europe, Bosnia, and Kosovo