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The Security Council and the Use of Force
by Niels M. Blokker, Nico Schrijver

This book addresses the authority of the UN Security Council to regulate the use of force. In particular, it examines the question of whether the present composition, functions, and powers of the Security Council are adequate to meet recent demands, such as the need perceived by states to use force in cases of humanitarian emergency and pre-emptive action in response to international terrorism and the proliferation of weapons of mass destruction. Is the Security Council still well positioned today to deal with these demands and challenges? In seeking a response, the book analyzes both Charter law and Security Council practice. It addresses not only the hotly debated recent crises concerning Kosovo, Afghanistan, and Iraq, but also resolutions dealing with the use of force by peacekeeping operations. A number of issues relating to the right of self-defence are analyzed, as are the emerging new roles of NATO and the African Union. Separate chapters of the book are devoted to the current discussion concerning the reform of the Security Council. A particular feature of the book is the interaction between academics and practitioners as well as between theory and reality.

Reforming the UN Security Council Membership
by Sabine Hassler

This book comprehensively examines the different proposals put forward for reforming the UN Security Council by analysing their objectives and exploring whether the implementation of these proposals would actually create a representative and more effective Security Council. The book places the discussion on reform of Security Council membership in the context of the council’s primary responsibility, which is at the helm of the UN collective security system. The author contends that only a Council that is adequately representative of the UN membership can claim to legitimately act on the members’ behalf. This book offers an inquiry into the Council’s constitutional framework and how far that framework still reflects the expectations and intentions of the founding nations, whilst remaining flexible enough to satisfy today’s, and possibly tomorrow’s, membership. Through the use of policy-oriented jurisprudence and elements of the International Law/International Relations theory this book explores how reform can best be realised.

Reforming the UN Security Council Membershipwill be of particular interest to scholars and students of International Law and International Relations.


International Law and Changing Perceptions of Security
by Jonas Ebbesson, Marie Jacobsson, Mark Adam Klamberg, David Langlet, Pål Wrange

In International Law and Changing Perceptions of Security the contributors debate how changing concepts and conceptions of security have affected fields such as the use of force, law of the sea, human rights, international environmental law and international humanitarian law.

International Law on Peacekeeping
by Hitoshi Nasu

It is generally considered that the UN Security Council has been galvanised since the end of the Cold War. However, the existence and development of armed conflicts remain the reality in the international scene. Is the upsurge in instances of invoking Chapter VII of the UN Charter truly a sign of the invigoration of the Security Councila (TM)s authority or mere evidence of its failure to prevent the aggravation of armed conflicts? To what extent is the Security Council authorised to exercise the peacekeeping power in order to take a more flexible approach to conflict management from an earlier stage of conflict? This book explores the potential of the UN peacekeeping power, placing Article 40 of the UN Charter at the centre of the legal regime governing peacekeeping measures. It traces the origins of peacekeeping measures primarily in the experience of the League of Nations and identifies Article 40 of the Charter as the primary legal basis for, and the legal restraints upon, the exercise of the peacekeeping power. It examines the regulatory framework within which the United Nations, particularly the Security Council, is authorised and may even be required to direct peacekeeping measures to prevent the aggravation of armed conflicts. It suggests that the legal accountability of the Security Council in directing peacekeeping measures will be enhanced by utilising procedural mechanisms for self-regulation

The Responsibility to Protect (R2P)
by Peter Hilpold

R2P is a much discussed concept of International Law. This volume contains an in-depth inquiry into this concept by renowned international lawyers.

Transnational Terrorism and State Accountability
by Vincent-Joël Proulx

Every State has an obligation to prevent terrorist attacks emanating from its territory. This proposition stems from various multilateral agreements and UN Security Council resolutions. This study exhaustively addresses the scope of this obligation of prevention and the legal consequences flowing from its violation, so as to provide greater clarity on governments’ counterterrorism duties and to enhance State accountability for preventable wrongs. It defines the contents and contours of the obligation while placing critical emphasis on the mechanics of State responsibility. Whether obscured by new technologies like the Internet, the sophisticated cellular structure of some terrorist organisations or convoluted political realities, the level of governmental involvement in terrorist activities is no longer readily discernible in every instance. Furthermore, the prospect of governments waging surrogate warfare through proxies also poses intractable challenges to the mechanism of attribution in the context of State responsibility.

This monograph sets out the shortcomings of the extant scheme of State responsibility while identifying a paradigm shift towards more indirect modes of accountability under international law, a trend corroborated by recent State and institutional practice. Drawing on varied legal and theoretical influences, the study devises and prescriptively argues for the implementation of a strict liability-inspired model grounded in the logic of indirect responsibility with a view to enhancing State compliance with counterterrorism obligations. This shifts the policy focus squarely to prevention, while promoting multilateralism and transnational cooperation. Ultimately, the legal and policy sensibilities underlying the book converge into a new theory of prevention in counterterrorism contexts.

From the Foreword by Judge Bruno Simma, International Court of Justice
“Even if one might disagree with the bases on which the author constructs his argument, the execution of the argument is solid and thorough. The coverage of the major policy arguments and the available legal source materials is equally impressive. Moreover, the author’s positions are genuinely progressive and present a fairly innovative solution, in the form of a strict liability mechanism…It behoves all scholars and practitioners of international law with an interest in combating international terrorism to consider the proposals outlined in this book.”

Transnational Terrorism and State Accountability by Vincent-Joël Proulx has been awarded the 2014 Myres McDougal Prize for best book in Law, Science, and Policy from the Society of Policy Scientists.


Elected Members of the Security Council
by Nico J. Schrijver, Niels Blokker

Conventional wisdom has it that the successful functioning of the UN Security Council almost completely depends on the role played by its five permanent members and the extent to which they can agree–or avoid to fundamentally disagree–on the many issues on the Council’s agenda. But the Council also consists of ten non-permanent or elected members who represent five different regions of the world, and who, though not vested with the right of veto, play an indispensable role in Council decision-making.

This book aims to take a closer look at that role. It considers what role is foreseen for the elected members in the UN Charter, how this evolved in practice, and what “tools” they can deploy. It also considers whether there are particular “niches” for the elected members on the Security Council, such as engaging in conflict prevention, taking initiatives on rule of law issues and debating the potential effects of climate change on peace and security. Can elected members serve as agents of the international community and norm entrepreneurs? Should their position be strengthened, and if so, how? This collection was born out of a dynamic research seminar held at Leiden University, which also drew on the experiences of former elected members. This book thus offers unique insights from both practice and scholarship, and is an indispensable tool for politicians, diplomats, academics and students alike.


International Law and the Global War on Terror
by Mary Ellen O’Connell


The International Journal of Marine and Coastal Law
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International Law Aspects of the EU’s Security and Defence Policy, with a Particular Focus on the Law of Armed Conflict and Human Rights
by Frederik Naert

This book combines an insight into the legal aspects of operations conducted as part of the European Security and Defence Policy (ESDP) of the EU along with an analysis of the status and obligations of international organizations under international law. It then applies the findings to the law of armed conflict and human rights in relation to ESDP operations. Part I describes and analyzes the ESDP, including all 22 military and civilian crisis management operations launched up to August 31, 2009, as well as developments under the Lisbon Treaty, and briefly discusses the international law issues raised, offering a unique insight into ESDP practice and its legal aspects. Part II examines this practice in the framework of the status and obligations of international organizations under international law. It looks at the legal status and personality of international organizations and of the EU, as well as how international organizations, including the EU, are bound by international obligations. Part III extensively addresses the international law applicable to the conduct of ESDP operations, in particular the law of armed conflict and international human rights law, filling a gap in the literature. Frederik Naert received a special mention from the Jury of the 2012 Ciardi Prize for his book International Law Aspects of the EU’s Security and Defence Policy, with a Particular Focus on the Law of Armed Conflict. The Ciardi Prize is awarded annually to a substantial and original study dealing with military law, law of war or any matter connected with or related to the aforementioned.