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E-grāmata: Law and Practice of the United Nations

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(Dean and Professor, National University of Singapore Faculty of Law), (Professor of International Law, The Fletcher School of Law and Diplomacy, Tufts University), (Rector, and Under-Secretary-General of the UN, United Nations Univers)
  • Formāts: 680 pages
  • Izdošanas datums: 01-Mar-2016
  • Izdevniecība: Oxford University Press Inc
  • Valoda: eng
  • ISBN-13: 9780199399505
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  • Formāts: 680 pages
  • Izdošanas datums: 01-Mar-2016
  • Izdevniecība: Oxford University Press Inc
  • Valoda: eng
  • ISBN-13: 9780199399505
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Law and Practice of the United Nations: Documents and Commentary combines primary materials with expert commentary demonstrating the interaction between law and practice in the UN organization, as well as the possibilities and limitations of multilateral institutions in general. Each chapter begins with a short introductory essay describing how the documents that ensue illustrate a set of legal, institutional, and political issues relevant to the practice of diplomacy and the development of public international law through the United Nations. Each chapter also includes questions to guide discussion of the primary materials, and a brief bibliography to facilitate further research on the subject.

This second edition addresses the most challenging issues confronting the United Nations and the global community today, from terrorism to climate change, from poverty to nuclear proliferation. New features include hypothetical fact scenarios to test the understanding of concepts in each chapter. This edition contains expanded author commentary, while maintaining the focus on primary materials. Such materials enable a realistic presentation of the work of international diplomacy: the negotiation, interpretation and application of such texts are an important part of what actually takes place at the United Nations and other international organizations.

This work is ideal for courses on the United Nations or International Organizations, taught in both law and international relations programs.

Recenzijas

This book is overdue and immensely valuable. The United Nations used to merit a couple of chapters in an often dry-as-dust casebook on international organizations generally, chapters devoted to the law of the Charter but never the political practice that illuminates it and makes it both trying and occasionally triumphant. Here, at last, is a volume entirely devoted to the United Nations for scholars of both international law and international relations, in an accessible format with challenging issues at every turn."-Anne-Marie Slaughter, President and CEO of the New America Foundation International lawyers everywhere should rejoice that Thomas Franck, along with colleagues Simon Chesterman and David Malone, have at last made widely available the primary documents that have long formed the backbone of Franck's renowned 'UN Law' course. Their casebook - which examines through a legal lens the relevance, capacity, practice, and accountability of the UN - stresses the interaction between law and politics without confusing the two. From its opening introductory section discussing, among other things, why the UN Charter ought to be regarded as a 'constitution', to its closing chapter devoted to the prospects for UN reform, this is a book that makes immediate and concrete what it means to have an international rule of law."-Jose E. Alvarez, Hamilton Fish Professor of International Law & Diplomacy, Columbia Law School Law and Practice of the United Nations is part casebook, part textbook and, throughout, a profound set of reflections on the past, present and future of the UN as a 'constitutional' framework for global governance. It is designed for students, but there is no specialist on the UN who would not learn from this impressive volume." -Michael W. Doyle, Director, Columbia Global Policy Initiative, and University Professor, Columbia University These three highly respected authors have created a volume from which any serious scholar can gain tremendous insight. ... First, I believe that the inclusion of a broad range of original documentation makes this a much more useful book than has been published anywhere else in recent years. Second, the authors provide in their commentary very rich explanations of the practical contexts within which these documents have arisen; these explanations provide deeper understandings of the legal and political considerations standing behind the documents. Third, the authors have addressed important topics of very recent vintage, allowing instructors and students to make meaningful evaluations of contemporary public events. These authors have generated such a breath of fresh air that I must admit that I very much look forward to using the text."-Edwin Smith, Leon Benwell Professor of Law, International Relations and Political Science, University of Southern California The book's central strength is that it situates its legal analysis in the context of policy and practice. The selection of cases and documents are excellent - effectively illustrating the impact of law on practice and, more generally, the interaction between law and politics in international affairs. The overall scope and content are ideal for both law and non-law students (at the graduate level)."-Ian Johnstone, Associate Professor of International Law, The Fletcher School, Tufts University The strengths of the book are considerable, including its broad focus on the full range of UN activities and issues, its inclusion of both historical material and current developments, its clear organizational structure, and its good and lively commentary."."-Jane Stromseth, Professor of Law, Georgetown University Law Center This book is overdue and immensely valuable. The United Nations used to merit a couple of chapters in an often dry-as-dust casebook on international organizations generally, chapters devoted to the law of the Charter but never the political practice that illuminates it and makes it both trying and occasionally triumphant. Here, at last, is a volume entirely devoted to the United Nations for scholars of both international law and international relations, in an accessible format with challenging issues at every turn."-Anne-Marie Slaughter, President and CEO of the New America Foundation International lawyers everywhere should rejoice that Thomas Franck, along with colleagues Simon Chesterman and David Malone, have at last made widely available the primary documents that have long formed the backbone of Franck's renowned 'UN Law' course. Their casebook - which examines through a legal lens the relevance, capacity, practice, and accountability of the UN - stresses the interaction between law and politics without confusing the two. From its opening introductory section discussing, among other things, why the UN Charter ought to be regarded as a 'constitution', to its closing chapter devoted to the prospects for UN reform, this is a book that makes immediate and concrete what it means to have an international rule of law."-Jose E. Alvarez, Hamilton Fish Professor of International Law & Diplomacy, Columbia Law School Law and Practice of the United Nations is part casebook, part textbook and, throughout, a profound set of reflections on the past, present and future of the UN as a 'constitutional' framework for global governance. It is designed for students, but there is no specialist on the UN who would not learn from this impressive volume."-Michael W. Doyle, Harold Brown Professor of International Affairs, Law and Political Science, Columbia University These three highly respected authors have created a volume from which any serious scholar can gain tremendous insight. ... First, I believe that the inclusion of a broad range of original documentation makes this a much more useful book than has been published anywhere else in recent years. Second, the authors provide in their commentary very rich explanations of the practical contexts within which these documents have arisen; these explanations provide deeper understandings of the legal and political considerations standing behind the documents. Third, the authors have addressed important topics of very recent vintage, allowing instructors and students to make meaningful evaluations of contemporary public events. These authors have generated such a breath of fresh air that I must admit that I very much look forward to using the text."-Edwin Smith, Leon Benwell Professor of Law, International Relations and Political Science, University of Southern California The strengths of the book are considerable, including its broad focus on the full range of UN activities and issues, its inclusion of both historical material and current developments, its clear organizational structure, and its good and lively commentary."-Jane Stromseth, Professor of Law and Director, Human Rights Institute, Georgetown University Law Center

Preface to the Second Edition xv
Acknowledgments xxi
List of Abbreviations
xxiii
About the Authors xxix
Introduction xxxi
Is the UN Charter a Constitution? xxxiii
A Note on Sources xliii
The United Nations System Chart xliv
Part One Relevance
Chapter 1 The UN Charter
3(30)
1.1 An Overview of the Charter
4(11)
1.2 The Cold War and Decolonization (1946--1989)
15(2)
1.3 The New Interventionism (1990--2000)
17(6)
1.4 Security and Development... and Terrorism (2000--)
23(10)
Further Reading
31(2)
Chapter 2 Hard Cases
33(36)
2.1 Iraq, 1990--1991
35(9)
2.2 Kosovo, 1999
44(6)
2.3 Libya, 2011--2012
50(6)
2.4 Syria, 2012--2014
56(10)
2.5 Ukraine
66(3)
Further Reading
67(2)
Chapter 3 Hard Choices
69(44)
3.1 Development Goals
69(25)
3.2 Sri Lanka
94(19)
Further Reading
110(3)
Part Two Capacity
Chapter 4 Legal Status
113(50)
4.1 Legal Personality
115(10)
4.2 Who Interprets the Charter?
125(13)
4.3 Quasi-judicial Action by the Security Council
138(2)
4.4 Special Courts and Tribunals
140(4)
4.5 Lawmaking by the Security Council
144(7)
4.6 Lawmaking by the General Assembly
151(4)
4.7 Lawmaking by the Specialized Agencies
155(4)
4.8 Lawmaking through Operational Activities
159(4)
Further Reading
162(1)
Chapter 5 The Secretary-General and the Secretariat
163(32)
5.1 Secretary or General?
164(3)
5.2 Appointment
167(5)
5.3 Article 99 Powers
172(7)
5.4 Independence of the Secretary-General and the Secretariat
179(16)
Further Reading
193(2)
Chapter 6 Membership
195(38)
6.1 Admission
196(17)
6.2 Succession (I): The Soviet Union
213(3)
6.3 Succession (II): The Socialist Federal Republic of Yugoslavia
216(9)
6.4 Credentials
225(8)
Further Reading
232(1)
Chapter 7 Structure, Financing, and Administration
233(48)
7.1 The Legal Framework
236(15)
7.2 The Regular Budget
251(8)
7.3 Assessment of Contributions
259(7)
7.4 The Advisory Committee on Administrative and Budgetary Questions (ACABQ)
266(1)
7.5 Financial Challenges and Alternatives
267(3)
7.6 Mobility of Staff
270(11)
Further Reading
277(4)
Part Three Practice
Chapter 8 Counterterrorism and Nuclear Nonproliferation
281(36)
8.1 Defining Terrorism
282(2)
8.2 The General Assembly's Countertrrorism Strategy
284(4)
8.3 Security Council Sanctions and Quasilegislation
288(5)
8.4 Military Action against Terrorism
293(4)
8.5 The Nuclear Nonproliferation Regime
297(4)
8.6 Nonproliferation and Iraq
301(6)
8.7 Nonproliferation, Iran, and North Korea
307(4)
8.8 The Future of Nonproliferation
311(6)
Further Reading
315(2)
Chapter 9 Peace Operations
317(52)
9.1 The UN Charter Framework
319(1)
9.2 Traditional Peacekeeping
320(8)
9.3 Multidimensional Peacekeeping
328(5)
9.4 Robust Peacekeeping
333(10)
9.5 International Transitional Administrations
343(2)
9.6 Political Missions
345(3)
9.7 Contemporary Peace Operations Doctrine
348(9)
9.8 Contemporary Challenges
357(12)
Protection of Civilians
358(1)
The Threat of Violent Extremism
359(2)
Gender and Peace Operations
361(2)
Dilemmas of State-Building
363(3)
Further Reading
366(3)
Chapter 10 Sanctions
369(30)
10.1 Sanctions during the Cold War
371(4)
10.2 Comprehensive Sanctions: Iraq
375(5)
10.3 Sanctions as Leverage
380(6)
10.4 Targeted Financial Sanctions
386(13)
Further Reading
397(2)
Chapter 11 Sustainable Development
399(36)
11.1 The Right to Development
402(6)
11.2 Sustainable Development
408(27)
Further Reading
433(2)
Chapter 12 Self-Determination and Democracy Promotion
435(42)
12.1 Self-Determination as a Right
437(4)
12.2 Western Sahara
441(5)
12.3 East Timor, 1999--2002
446(4)
12.4 Kosovo
450(5)
12.5 Normative Developments
455(7)
12.6 Operational Activities
462(15)
Electoral Assistance
462(3)
Development and Good Governance
465(4)
Conflict Prevention and Peacebuilding
469(3)
"Pro-democratic Intervention"
472(3)
Further Reading
475(2)
Chapter 13 Human Rights
477(38)
13.1 Sovereignty and Human Rights
479(11)
13.2 The Human Rights Council
490(13)
13.3 The Right to Privacy in the Digital Age
503(4)
13.4 Is the United Nations Bound by Its Own Human Rights Norms?
507(8)
Further Reading
513(2)
Chapter 14 The Rule of Law and Transitional Justice
515(40)
14.1 The Rule of Law and Development
517(7)
14.2 Transitional Justice
524(12)
14.3 The Rule of Law, International Peace, and Security
536(19)
Further Reading
552(3)
Part Four Accountability
Chapter 15 Immunity and Responsibility
555(36)
15.1 Privileges and Immunities
557(17)
15.2 Responsibility of International Organizations
574(17)
Further Reading
590(1)
Chapter 16 Accountability in Practice
591(36)
16.1 Sri Lanka
592(7)
16.2 Rwanda
599(7)
16.3 Srebrenica
606(3)
16.4 Kosovo
609(2)
16.5 Sexual Exploitation by UN Peacekeepers
611(7)
16.6 The Iraq Oil-for-Food Programme Inquiry
618(9)
Further Reading
625(2)
Chapter 17 Reform
627(36)
17.1 Visions of Order
628(8)
17.2 Individual Rights at the United Nations
636(4)
17.3 How the United Nations Approaches Conflict
640(2)
17.4 The Charter
642(2)
17.5 Institutions: The Security Council
644(6)
17.6 Procedures: The Veto
650(2)
17.7 Political Will: Interdependence of Threats
652(6)
17.8 Security and Justice
658(5)
Further Reading
660(3)
Appendices
663(38)
Appendix A Charter of the United Nations
665(24)
Appendix B Statute of the International Court of Justice
689(12)
Index 701
Simon Chesterman is Dean and Professor at the National University of Singapore Faculty of Law. He is also Editor of the Asian Journal of International Law and Secretary-General of the Asian Society of International Law.

Ian Johnstone is Professor of International Law at the Fletcher School of Law and Diplomacy, Tufts University. He is on the editorial board of Global Governance and International Organizations Law Review.

David M. Malone is Rector of the UN University (UNU) in Tokyo and Under-Secretary-General of the UN. He has served as a Canadian ambassador to the UN and as Canada's high commissioner to India, and from 2004 to 2006 oversaw multilateral and economic diplomacy within Canada's Foreign Affairs Department.