Suchergebnisse

This updated and revised second edition of Advanced Introduction to International Conflict and Security Law provides a concise and insightful guide to the key principles of international law governing peacetime security, arms control, the use of force, armed conflict and post-conflict situations. Nigel D. White explores the complex legal regimes that have been created to control levels of armaments, to limit the occasions when governments can use military force, to mitigate the conduct of warfare and to build peace.

1. Introduction -- 2. Cuba's struggle for independence -- 3. Colonialism, imperialism and pariah states -- 4. Exporting revolution, importing communism -- 5. Self-help and international law -- 6. The Cuban embargo -- 7. Violations, responsibility and remedies -- 8. Legal framework for peaceful settlement -- 9. Concluding remarks on the relevance of international law.

The United States embargo against Cuba was imposed over fifty years ago initially as a response to the new revolutionary government's seizure of US properties, which was viewed by the US as a violation of international law. However, while sanctions can be legitimate means of enforcing established norms, the Cuban embargo itself appears to be the wrongful act, and its persistence calls into question the importance and function of international law.This book examines the history, legality and effects of US sanctions against Cuba and argues that the embargo has largely become a matter of politics

It is argued in this article that due diligence, grounded on positive duties under international human rights law, is a standard against which to measure the performance of UN peacekeeping forces. Its adoption by the UN will improve accountability, but in a controlled and principled way. A requirement that the UN act diligently to prevent human rights violations would not impose over-onerous obligations. For responsibility to be incurred an organisation must have clearly failed to take measures that were within its power to take. It is argued that the UN not only should be bound by norms of due diligence but is in fact bound by positive obligations derived from customary international human rights law. The development of some due diligence-type measures by the UN to prevent sexual abuse by peacekeepers and to protect civilians within areas of peacekeeper deployment, and the adoption of an explicit due diligence policy to delineate its relationship with non-UN security actors, are positive signs. However, the article demonstrates that the UN needs to further internalise and develop its due diligence obligations if it is to limit human rights violations committed under its watch. Furthermore, it needs to create accountability mechanisms to ensure that it develops the rather limited measures taken thus far, including provision for victims to be able to hold the organisation to account for failure to protect them from human rights violations. Only by accepting its responsibility and liability to such victims will be the UN be driven to improve its due diligence when mandating, preparing, training, deploying and directing peacekeeping operations.

This article explores the legal bases of autonomy in peacekeeping and whether it has developed to such an extent that there are signs of a self-referential legal order governing peacekeeping, separate from other legal orders. Given that it will be shown that the principles governing peacekeeping are derived from general international law, there must be a presumption against there being a self-referential legal order, but the possibility that there has been a significant development of specific principles and rules will be explored. Moreover, this development may have occurred to such an extent that although the original source may remain in international law, a separate legal order has emerged. If the norms of that legal order no longer reflect the wider principles of international law then concerns revolve not only around fragmentation of international law but also around the continuing compatibility of peacekeeping with international law.