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Author: Tatiana Cardoso Squeff Publisher: ISBN: Category : Languages : en Pages : 21
Book Description
This article intends to discuss the reach of international responsibility of states when acting under the mandate of an international organization. More specifically, it argues on the role of Nigeria when taking action under ECOWAS, a sub-regional organization, within the internal disturbances that occurred in Liberia and Serra Leone in the 1990s, in which triggered a humanitarian crisis that demanded intervention. Therefore, it will describe the intentions and actions carried out by Nigeria under an ECOWAS' mandate in order to try distinguishing Member State's responsibilities from the organization itself, as it could reflect on the liability of such party for any international law violations carried out under peacekeeping operations. After all, if any abuse is currently foreseen, the (regional) international organization is the one held responsible, even if there was a clear abuse of its legal personality by the State. Thus, at the end, this article tries to reveal a need for a change in the understanding of international organization responsibility whenever a party is acting solely by its interests - as in the case of Nigeria - in order for it to be held liable.
Author: Tatiana Cardoso Squeff Publisher: ISBN: Category : Languages : en Pages : 21
Book Description
This article intends to discuss the reach of international responsibility of states when acting under the mandate of an international organization. More specifically, it argues on the role of Nigeria when taking action under ECOWAS, a sub-regional organization, within the internal disturbances that occurred in Liberia and Serra Leone in the 1990s, in which triggered a humanitarian crisis that demanded intervention. Therefore, it will describe the intentions and actions carried out by Nigeria under an ECOWAS' mandate in order to try distinguishing Member State's responsibilities from the organization itself, as it could reflect on the liability of such party for any international law violations carried out under peacekeeping operations. After all, if any abuse is currently foreseen, the (regional) international organization is the one held responsible, even if there was a clear abuse of its legal personality by the State. Thus, at the end, this article tries to reveal a need for a change in the understanding of international organization responsibility whenever a party is acting solely by its interests - as in the case of Nigeria - in order for it to be held liable.
Author: Jerry Ukaigwe Publisher: Springer ISBN: 3319262335 Category : Law Languages : en Pages : 385
Book Description
This book analyses the emerging jurisprudence of the Economic Community of West African States (ECOWAS), and seamlessly knits together all the disparate texts, policies and judicial decisions into a single, coherent resource. The work is deliberately crafted to address the lack of a comprehensive resource on the subject, and guide lawyers, policy-makers, Community citizens, researchers, students and civil society organisations through the labyrinth of the Community's laws and policies. From a socio-legal perspective, it unearths political, socio-economic and legal structures that impinge on the integration cause on the one hand, and dilute the efficacy of the Community legal regime on the other hand. Also, it exposes contemporary terrorism and conflict in West Africa and the legal interventions that the Community has adopted to respond to these challenges. In sequence, it traces and expounds the legal development of the Community norms with respect to sources of law, human rights, supra-nationalism and laws of the member states, reference procedure, action for damages, freedom of movement, discrimination and competition policy.The book particularly evaluates the extent of the human rights jurisdiction of the Community Court of Justice, as well as jurisdictional limitations to the protection of Community rights either at national or Community level. Also, it sheds light on the jurisdictional chasm existing between Community law and member states' national laws, and offers proven constitutional, legislative and judicial solutions to plug the gap. It explains vividly the common market, free movement of goods and the impact of Economic Partnership Agreement (EPA) on the entire ECOWAS free trade policy. In all these analyses, evaluation and examination of norms and policies, the work draws on the European Union's rich case law on similar points to explain recondite issues of law which may arise or have arisen from the application of any of the ECOWAS texts.
Author: Olivier Corten Publisher: Bloomsbury Publishing ISBN: 1847316050 Category : Law Languages : en Pages : 590
Book Description
The Law against War is a translated and updated version of a book published in 2008 in French (Le droit contre la guerre, Pedone). The aim of this book is to study the prohibition of the use of armed force in contemporary positive international law. Some commentators claim that the field has undergone substantial changes arising especially since the end of the Cold War in the 1990s. More specifically, several scholars consider that the prohibition laid down as a principle in the United Nations Charter of 1945 should be relaxed in the present-day context of international relations, a change that would seem to be reflected in the emergence of ideas such as 'humanitarian intervention', 'preventive war' or in the possibility of presuming Security Council authorisation under certain exceptional circumstances. The argument in this book is that while marked changes have been observed, above all since the 1990s, the legal regime laid down by the Charter remains founded on a genuine jus contra bellum and not on the jus ad bellum that characterised earlier periods. 'The law against war', as in the title of this book, is a literal rendering of the familiar Latin expression and at the same time it conveys the spirit of a rule that remains, without a doubt, one of the cornerstones of public international law. From the Foreword by Bruno Simma 'Corten's book is weighty not just by its size, but above all through the depth and comprehensiveness with which it analyzes the entirety of what the author calls the law against war, the jus contra bellum... Corten tackles his immense task with a combination of methodical rigour, applying modern positivism and abstaining from constructions of a lex ferenda, and great sensibility for the political context and the ensuing possibilities and limitations of the legal regulation of force.'
Author: Tom Ruys Publisher: Oxford University Press ISBN: 019108719X Category : Law Languages : en Pages : 1274
Book Description
The international law on the use of force is one of the oldest branches of international law. It is an area twinned with the emergence of international law as a concept in itself, and which sees law and politics collide. The number of armed conflicts is equal only to the number of methodological approaches used to describe them. Many violent encounters are well known. The Kosovo Crisis in 1999 and the US-led invasion of Iraq in 2003 spring easily to the minds of most scholars and academics, and gain extensive coverage in this text. Other conflicts, including the Belgian operation in Stanleyville, and the Ethiopian Intervention in Somalia, are often overlooked to our peril. Ruys and Corten's expert-written text compares over sixty different instances of the use of cross border force since the adoption of the UN Charter in 1945, from all out warfare to hostile encounters between individual units, targeted killings, and hostage rescue operations, to ask a complex question. How much authority does the power of precedent really have in the law of the use of force?
Author: Dace Winther Publisher: Routledge ISBN: 1135120552 Category : Law Languages : en Pages : 303
Book Description
This book explores the scope and limits of what is appropriate for regional action in the maintenance of peace and security. It offers a comparative study of legal regulation of the use of force in the maintenance of peace and security of different security regions in the context of the UN system and general international law. The book examines the post-Cold War legal documents and practice of the regional organizations of six security regions of the world (Africa, Asia, the Americas, the Middle East, the Russian sphere of influence and the Euro-Atlantic region), and in doing so offers a unique international and comparative perspective towards regional characteristics that may influence the possibility for coherent action in a UN context. Dace Winther explores the controversial topics of regional humanitarian intervention and robust regional peacekeeping without a UN mandate, what is regarded as appropriate for regional action in different security regions of the world, and if the approaches of the regions differ, what factors could have an influence. The book is highly relevant in a global climate where regional mechanisms take an ever more active part in the maintenance of international peace and security, including the use of force. The book will be of great interest to students and academics of International Law, International Relations and Security Studies.
Author: Eswar Prasad Publisher: Brookings Institution Press ISBN: 0815738544 Category : Business & Economics Languages : en Pages : 203
Book Description
" Assessing the potential benefits and risks of a currency union Leaders of the fifteen-member Economic Community of West African States (ECOWAS) have set a goal of achieving a monetary and currency union by late 2020. Although some progress has been made toward achieving this ambitious goal, major challenges remain if the region is to realize the necessary macroeconomic convergence and establish the required institutional framework in a relatively short period of time. The proposed union offers many potential benefits, especially for countries with historically high inflation rates and weak central banks. But, as implementation of the euro over the past two decades has shown, folding multiple currencies, representing disparate economies, into a common union comes with significant costs, along with operational challenges and transitional risks. All these potential negatives must be considered carefully by ECOWAS leaders seeking tomeet a self-imposed deadline. This book, by two leading experts on economics and Africa, makes a significant analytical contribution to the debates now under way about how ECOWAS could achieve and manage its currency union, andthe ramifications for the African continent. "
Author: Christine D. Gray Publisher: ISBN: 0199239142 Category : Law Languages : en Pages : 474
Book Description
This book explores the whole of the large and controversial subject of the use of force in international law; it examines not only the use of force by states but also the role of the UN in peacekeeping and enforcement action, and the growing importance of regional organizations in the maintenance of international peace and security. Since the publication of the second edition of International Law and the Use of Force the law in this area has continued to undergo a fundamental reappraisal. Operation Enduring Freedom carries on against Al Qaida and the Taliban in Afghanistan six years after the terrorist attacks of 11 September 2001. Can this still be justified as self-defense in the 'war on terror'? Is there now a wide right of pre-emptive self-defense against armed attacks by non-state actors? The 2006 Israel/Lebanon conflict and the recent intervention of Ethiopia in Somalia raise questions about whether the 'war on terror' has brought major changes in the law on self-defense and on regime change. The 2003 invasion of Iraq gave rise to serious divisions between states as to the legality of this use of force and to talk of a crisis of collective security for the UN. In response the UN initiated major reports on the future of the Charter system; these rejected amendment of the Charter provisions on the use of force. They also rejected any right of pre-emptive self-defense. They advocated a 'responsibility to protect' in cases of genocide or massive violations of human rights; the events in Darfur show the practical difficulties with the implementation of such a duty.
Author: John M. Kabia Publisher: Routledge ISBN: 1317119568 Category : Political Science Languages : en Pages : 234
Book Description
The end of the Cold War has been characterized by a wave of violent civil wars that have produced unprecedented humanitarian catastrophe and suffering. Although mostly intra-state, these conflicts have spread across borders and threatened international peace and security. One of the worst affected regions is West Africa which has been home to some of Africa's most brutal and intractable conflicts for more than a decade. This volume locates the peacekeeping operations of the Economic Community of West African States (ECOWAS) within an expanded post-Cold War conceptualization of humanitarian intervention. It examines the organization's capacity to protect civilians at risk in civil conflicts and to facilitate the processes of peacemaking and post-war peace-building. Taking the empirical case of ECOWAS, the book looks at the challenges posed by complex political emergencies (CPEs) to humanitarian intervention and traces the evolution of ECOWAS from an economic integration project to a security organization, examining the challenges inherent in such a transition.
Author: Terry D. Gill Publisher: Oxford University Press ISBN: 0199641218 Category : Law Languages : en Pages : 686
Book Description
Based on best-practice rules of global importance, this Handbook offers authoritative commentary and analysis of the international law of military operations, encompassing self-defence, peace operations, and other uses of force. Renowned international lawyers offer insight into the relevant principles and provisions.
Author: Tom Ginsburg Publisher: Cambridge University Press ISBN: 110891022X Category : Law Languages : en Pages : 349
Book Description
Democracies and authoritarian regimes have different approaches to international law, grounded in their different forms of government. As the balance of power between democracies and non-democracies shifts, it will have consequences for international legal order. Human rights may face severe challenges in years ahead, but citizens of democratic countries may still benefit from international legal cooperation in other areas. Ranging across several continents, this volume surveys the state of democracy-enhancing international law, and provides ideas for a way forward in the face of rising authoritarianism.
Author: Tatiana Cardoso Squeff
Author: Tatiana Cardoso Squeff
Author: Jerry Ukaigwe
Author: Olivier Corten
Author: Tom Ruys
Author: Dace Winther
Author: Eswar Prasad
Author: Christine D. Gray
Author: John M. Kabia
Author: Terry D. Gill
Author: Tom Ginsburg