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51. The Status and Future of International Law after the Libya Intervention

Author:
Pierre Thielbörger
Publication Date:
06-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
This article uses the case of the Libya intervention to address three general claims about international law. Firstly, it examines whether the reliance of the intervention on the mechanisms of collective security under the UN Charter suggests that international law relating to peace and security has finally overcome its post-9/11 crisis. It concludes that the resolution's vague wording – which makes the distinction between what is “legal” under the resolution, and what is not, hard to draw – undermines such an assumption. Secondly, it explores whether the Libya intervention has put new emphasis on what has been termed the “emerging right of democratic governance”. In spite of the underlying democracy-enhancing spirit of the execution of the intervention, Resolution 1973 was exclusively written in the language of human rights. It did little to indicate a changed attitude of States towards a norm of democratic governance. Finally, the article examines whether the case of Libya shows a renewed international attitude towards States which violate the most fundamental human rights of their citizens. The article concludes by suggesting that, in this third respect, a more muscular liberalism is indeed on the rise again in international law, challenging the formerly almighty concept of State sovereignty. In contributing to this subtle transformation, the Libyan case has made a genuine contribution to the development of the international legal order.
Topic:
Security, Human Rights, and International Law
Political Geography:
America, Libya, and United Nations

52. International Organization and Poverty Alleviation

Author:
William Felice and Diana Fuguitt
Publication Date:
07-2012
Content Type:
Journal Article
Journal:
Human Rights and Human Welfare - Review Essays
Institution:
Josef Korbel Graduate School of International Studies, University of Denver
Abstract:
Under the leadership of former U.N. Secretary-General Kofi Annan, and former High Commissioner of Human Rights Mary Robinson, efforts were made to mainstream human rights throughout the entire U.N. system. Annan appealed to all U.N. specialized agencies and affiliated organizations to consider how their work was linked to the corpus of internationally recognized human rights in international law. In one of his last acts as Secretary-General, Annan called for basing new reforms at the U.N. on three notions of freedom: freedom from want, freedom from fear, and freedom to live a life with dignity (Annan 2005).
Topic:
Human Rights
Political Geography:
United Nations

53. Business and Human Rights: An Issue Whose Time Has Come

Author:
Jill Shankleman and Hannah Clayton
Publication Date:
07-2012
Content Type:
Policy Brief
Institution:
United States Institute of Peace
Abstract:
Business activities in fragile and conflict-affected regions could adversely impact the human rights of host populations in diverse ways, and could trigger or sustain violent conflict. The international “Protect, Respect and Remedy Framework on Business and Human Rights” could help businesses avoid infringing on the human rights of others and should address adverse human rights impacts when they occur. This framework would complement (and not replace) exiting initiatives like the U.N. Global Compact, IFC Performance Standards and OECD Guidelines. It provides a human rights lens that does not treat communities as 'vulnerable' or 'needy,' but as viable partners with rights. Implementation of the framework (and other voluntary standards) will always be fraught with difficulty. However, companies could become more amenable if they discover that compli­ance could enhance risk management and improve productivity. Coordination, communication and accountability are vital for credible and effective imple­mentation of the framework. Key steps have been identified to help corporations comply.
Topic:
Conflict Prevention, Development, Economics, Human Rights, Human Welfare, Markets, and Foreign Direct Investment
Political Geography:
United Nations

54. Business and Human Rights: Proposals from the Research Group on Private International Law and Human Rights

Author:
Nicolás Zambrana Tévar
Publication Date:
07-2012
Content Type:
Working Paper
Institution:
Centre on Human Rights in Conflict
Abstract:
By means of Resolution 17/4 of 16 June 2011, the UN Human Rights Council has created a Working Group with the mission of implementing the UN “Protect, Respect and Remedy” Framework and its Guiding Principles. As part of its activities, the Working Group asked for input from stakeholders and convened a meeting with them, which took place in Geneva on 20 January 2012.
Topic:
Economics, Human Rights, Human Welfare, International Trade and Finance, and Markets
Political Geography:
Geneva and United Nations

55. Somewhere to Turn? MINURCAT and the Protection of Civilians in Eastern Chad and Darfur

Author:
Benjamin de Carvalho, Jon Harald Sande Lie, and Randi Solhjell
Publication Date:
04-2011
Content Type:
Working Paper
Institution:
Norwegian Institute of International Affairs
Abstract:
The United Nations Mission in Eastern Chad and the Central African Republic (MINURCAT) was established to protect civilians and contribute to rule of law and regional peace in the conflict-prone region bordering Darfur. The mission was dismantled towards the end of 2010. This report, based on fieldwork undertaken in Chad in 2009, addresses the situation of sexual and gender-based violence (SGBV) against refugees and internally displaced people (IDPs) in eastern Chad and difficulties MINURCAT encountered in its response to such violence.
Topic:
Conflict Resolution, Civil War, Human Rights, and Refugee Issues
Political Geography:
Africa and United Nations

56. The Relationship between the Responsibility to Protect and the Protection of Civilians in Armed Conflict

Publication Date:
05-2011
Content Type:
Policy Brief
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
The United Nations Security Council (UNSC) holds an open debate on the Protection of Civilians in Armed Conflict (POC) twice yearly. Following the UNSC's reaffirmation of the World Summit agreement on the Responsibility to Protect (R2P) populations from genocide, ethnic cleansing, war crimes and crimes against humanity in Resolutions 1674 (2006) and 1894 (2009) on POC, discussion of R2P has been an important component of these debates. This is reflected in government statements, presentations by the Emergency Relief Coordinator, and in the Secretary-General's 2007 report on POC where he referred to the agreement on R2P as a "cardinal achievement."
Topic:
Political Violence, Genocide, Human Rights, Human Welfare, War, and Peacekeeping
Political Geography:
United Nations

57. Assessing Human Insecurity Worldwide. The Way to a Human (In)Security Index

Author:
Sascha Werthes, Corinne Heaven, and Sven Vollnhals
Publication Date:
01-2011
Content Type:
Working Paper
Institution:
Institute for Development and Peace
Abstract:
The idea of human security has been presented and discussed in international academic and political fora for more than a decade. Yet, despite its popularity, the analytical usefulness as well as the political appropriateness of the concept is frequently criticized. In arguing for and presenting a Human (In)Security Index we address both aspects.
Topic:
Security, Development, Human Rights, and Political Theory
Political Geography:
United Nations

58. Global Review of National Prevention Policies

Author:
Lizle Loots, Liz Dartnall, and Rachel Jewkes
Publication Date:
12-2011
Content Type:
Working Paper
Institution:
The Sexual Violence Research Initiative
Abstract:
Reducing and preventing sexual and gender-based violence (SGBV) has been recognised as a key strategy to achieve the Millennium Development Goals by the year 2015. SGBV hampers countries' efforts to eradicate poverty as it decreases productivity and can deprive young girls of an education (World Health Organisation, 2005b). The consequences of sexual violence may carry over generations, influencing the development and progress of individuals, families, communities, societies and countries over time (Morrison, Quadara Boyd, 2007; Ellsberg, 2006; United Nations Development Fund for Women, 2002). Primary prevention of sexual violence can save both lives and money (WHO/LSHTM, 2010). Policies and guidelines on how best to prevent sexual violence from occurring should therefore form a key part of national government gender violence programmes. The extent to which countries have policies on rape prevention is unknown. Moreover, evidence on what works in the area of prevention and sexual violence is limited, particularly in developing countries.
Topic:
Political Violence, Gender Issues, Health, Human Rights, and Poverty
Political Geography:
United Nations

59. The Lord's Resistance Army and the Responsibility to Protect

Publication Date:
11-2011
Content Type:
Policy Brief
Institution:
The Global Centre for the Responsibility to Protect
Abstract:
This brief seeks to clarify how the Responsibility to Protect (R2P) applies to the threat posed by the Lord's Resistance Army (LRA) and examines the measures that should be taken by regional governments, the African Union (AU), donor governments and the UN Security Council in order to protect populations under threat.
Topic:
Political Violence, Ethnic Conflict, Human Rights, Armed Struggle, and Insurgency
Political Geography:
Africa and United Nations

60. The Principled Case for Employing Private Military and Security Companies in Humanitarian Interventions and Peacekeeping

Author:
James Pattison and Deane-Peter Baker
Publication Date:
02-2010
Content Type:
Working Paper
Institution:
Human Rights Human Welfare (University of Denver)
Abstract:
The possibility of using private military and security companies to bolster the capacity to undertake humanitarian intervention has been increasingly debated. The focus of such discussions has, however, largely been on practical issues and the contingent problems posed by private force. By contrast, this paper considers the principled case for privatising humanitarian intervention. It focuses on two central issues. First, is there a case for preferring these firms to other, state-based agents of humanitarian intervention? In particular, given a state's duties to their own military personnel, should the use of private military and security contractors be preferred to regular soldiers for humanitarian intervention? Second, on the other hand, does outsourcing humanitarian intervention to private military and security companies pose some fundamental, deeper problems in this context, such as an abdication of a state's duties?
Topic:
Security, Political Violence, Human Rights, Human Welfare, Humanitarian Aid, and War
Political Geography:
United Nations