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Edited By: Elizabeth Wilmshurst, Françoise Hampson, Charles Garraway, Noam Lubell, Dapo Akande
From: Practitioners' Guide to Human Rights Law in Armed Conflict
Daragh Murray
Edited By: Elizabeth Wilmshurst, Françoise Hampson, Charles Garraway, Noam Lubell, Dapo Akande

Part I, 3 Classification of Armed Conflicts: Relevant Legal Concepts »

Dapo Akande
From: International Law and the Classification of Conflicts
Edited By: Elizabeth Wilmshurst
International humanitarian law governs the conduct of participants in an armed conflict. In order to determine whether this breach of law applies to situations of violence it is necessary to assess first of all whether the situation amounts to an ‘armed conflict’. However, international humanitarian law does not recognize a unitary concept of armed conflict but, rather, recognizes two types of armed conflicts: international and non-international. This chapter examines the history of the distinction between these two categories of armed conflict, the consequences...

Contents »

Edited By: Elizabeth Wilmshurst, Françoise Hampson, Charles Garraway, Noam Lubell, Dapo Akande
From: Practitioners' Guide to Human Rights Law in Armed Conflict
Daragh Murray
Edited By: Elizabeth Wilmshurst, Françoise Hampson, Charles Garraway, Noam Lubell, Dapo Akande

Contents »

Dame Rosalyn Higgins DBE, QC, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan
From: Oppenheim's International Law: United Nations
Rosalyn Higgins, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan

Part 4 Adjudication Within the United Nations System, 31 Criminal Tribunals Established by, or in Relationship with, the UN »

Dame Rosalyn Higgins DBE, QC, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan
From: Oppenheim's International Law: United Nations
Rosalyn Higgins, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan
This chapter covers criminal tribunals established by, or in relationship with, the United Nations (UN). It includes the International Criminal Tribunal for the Former Yugoslavia; the International Criminal Tribunal for Rwanda; the International Criminal Court; The Special Court for Sierra Leone; the Extraordinary Chambers in the Courts of Cambodia; the Special Tribunal for Lebanon; the Kosovo Regulation 64 Panels; the East Timor Special Panels for Serious Crimes; and the Bosnia and Herzegovina War Crimes Chamber. The chapter discusses the establishment and jurisdiction of each court or tribunal; its composition; its relationship with other bodies; resources and completion mechanisms; residual issue; and legacy.

Part 3 The United Nations: What it Does, 19 Democratic Governance »

Dame Rosalyn Higgins DBE, QC, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan
From: Oppenheim's International Law: United Nations
Rosalyn Higgins, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan
Democratic principles are ‘woven throughout the normative fabric of the United Nations’ (UN); and are grounded in the UN Charter, despite the fact that the word ‘democracy’ cannot be found in the Charter. One of the purposes of the UN is the development of friendly relations among nations ‘based on respect for the principle of equal rights and self-determination of peoples’. Democratic governance is also based on individual rights in international human rights law. This chapter discusses the underpinnings of democratic governance; areas of UN assistance; political pluralism; electoral assistance; strengthening and building institutions; civic education; civil society; free and independent media; promoting the rule of law; and protection and promotion of human rights.

Part 3 The United Nations: What it Does, 21 Disaster Relief »

Dame Rosalyn Higgins DBE, QC, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan
From: Oppenheim's International Law: United Nations
Rosalyn Higgins, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan
This chapter begins by discussing the notion of disaster relief. Disaster relief is the relief provided by entities following a disaster, for present purposes, by actors outside the state affected by the disaster. As with the notion of a disaster, different instruments take different approaches to the content of disaster relief. The international law of disaster relief exists as a patchwork of norms. There are a few multilateral conventions in the area, which regulate the response to specific types of disasters, or to particular aspects of disasters. Other conventions of more general applicability also contain provisions that concern disaster relief. The remainder of the chapter covers the historical provision of disaster relief; the role of the United Nations (UN) in the creation of international law relating to disaster relief; and the provision of disaster relief, including coordination, cooperation, legal standards, funding, and reporting.

Part 2 The United Nations: What it is, 5 The Economic and Social Council »

Dame Rosalyn Higgins DBE, QC, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan
From: Oppenheim's International Law: United Nations
Rosalyn Higgins, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan
The Economic and Social Council (ECOSOC) is one of the UN’s six principal organs. More than any other principal organ, it has been the object of relentless criticism and attempts at reform. Among the impediments to its successful functioning have been its size (considered by some to be too large and by others not to be large enough); its ambiguous relationship with the General Assembly (including an overlapping of subject areas); and the fact that, as regards its activities in relation to economics, it operates in the shadow of the powerful institutions created at Bretton Woods and certain aspects of its social activities are dealt with by other international organizations or specialized agencies. This chapter discusses the ECOSOC’s membership, procedure, and voting; functions; meetings and programme of work; relationships with the other principal organs; areas of competence; and reform.

Part 3 The United Nations: What it Does, 20 Electoral Assistance »

Dame Rosalyn Higgins DBE, QC, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan
From: Oppenheim's International Law: United Nations
Rosalyn Higgins, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan
This chapter discusses the UN’s provision of electoral assistance. Electoral assistance on the part of the UN dates back to the late 1940s, with the UN observation of elections in the southern part of the Korean peninsula in 1948. During the 1960s and 1970s, the UN observed and supervised numerous elections, referenda, and plebiscites in the context of decolonization. By the 2000s, the principal form of UN electoral assistance was the provision of technical assistance. Between 1989 and 2006, 391 requests for electoral assistance had been made by 106 states. Of the 391 requests, assistance was provided in 289 cases. The discussions cover the rationale behind the provision of assistance; forms of assistance; procedure relating to the provision of assistance; UN entities involved in the provision of assistance; and the Focal Point and the Electoral Assistance Division.

Part 2 The United Nations: What it is, 14 The Financing of the United Nations »

Dame Rosalyn Higgins DBE, QC, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan
From: Oppenheim's International Law: United Nations
Rosalyn Higgins, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan
This chapter discusses the regular budget of the UN. The UN’s regular budget includes the expenses of its principal organs—the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, the Trusteeship Council, and the Secretariat—as well as subsidiary bodies. From tens of millions in the early years of the organization, the regular budget has grown to billions of dollars. It is composed of various parts, sections, and programmes. No funds may be transferred between different appropriation sections without the authorization of the General Assembly. The remainder of the chapter covers the authorization of programmes; formulation and examination of estimates; approval and appropriation; implementation and the Contingency Fund; audit; the Working Capital Fund; financing of peacekeeping; international tribunals; voluntary contributions; self-support; apportionment of expenses of the organization; and administrative and budgetary coordination between the UN and specialized agencies.

Further Material »

From: Oppenheim's International Law: United Nations
Rosalyn Higgins, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan

Part 2 The United Nations: What it is, 2 The General Assembly »

Dame Rosalyn Higgins DBE, QC, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan
From: Oppenheim's International Law: United Nations
Rosalyn Higgins, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan
The UN General Assembly may be described as the world’s leading forum for political discussion. It currently has 193 member states—nearly four times its original membership of 51. In 2005, the General Assembly established an Ad Hoc Working Group on the Revitalization of the General Assembly and has re-established the group annually. A major preoccupation of the Working Group appears to be relations between the General Assembly and the Security Council, including a concern that the latter organ has encroached on the work of the former. This chapter discusses the General Assembly’s membership, voting, and procedure; meetings, regular, and special sessions; subordinate organs; voting; the role of the President; functions; limitations; and Article 11(2) of the UN Charter.

Part 3 The United Nations: What it Does, 18 Improving Economic Wellbeing »

Dame Rosalyn Higgins DBE, QC, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan
From: Oppenheim's International Law: United Nations
Rosalyn Higgins, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan
This chapter examines the UN’s role in improving economic wellbeing. One of the UN’s main purposes is to achieve international cooperation in solving international economic problems. To this end, the UN Charter recognizes a link between economic wellbeing and peaceful and friendly relations between states. Economic wellbeing is pursued through principal and subsidiary organs as well as specialized agencies. The discussions cover the Second Committee of the General Assembly; the role of the Economic and Social Council and United Nations Development Programme in economic wellbeing; the United Nations Conference on Trade and Development; the United Nations Industrial Development Organization; financing for development; sustainable development; poverty eradication; and groups of countries in special situations.

Part 3 The United Nations: What it Does, 17 Improving Social Conditions »

Dame Rosalyn Higgins DBE, QC, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan
From: Oppenheim's International Law: United Nations
Rosalyn Higgins, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan
The concern of the United Nations (UN) with improving social conditions is expressed in the various parts of the UN Charter. Improving social conditions is seen not only as a goal in its own right, but as related to the aim of achieving international peace. This chapter discusses the types of activities for the purpose of improving social conditions; the ‘social’ issues addressed by the UN; major summits and conferences; social issues in the work of the principal UN organs; the General Assembly and social issues; the Economic and Social Council; social issues in the work of the Security Council and UN Secretary-General; UN Departments, Programmes, and Offices involved in social issues; and institutional coordination of UN social action.

Index »

Edited By: Elizabeth Wilmshurst, Françoise Hampson, Charles Garraway, Noam Lubell, Dapo Akande
From: Practitioners' Guide to Human Rights Law in Armed Conflict
Daragh Murray
Edited By: Elizabeth Wilmshurst, Françoise Hampson, Charles Garraway, Noam Lubell, Dapo Akande

Part 4 Adjudication Within the United Nations System, 29 The International Court of Justice »

Dame Rosalyn Higgins DBE, QC, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan
From: Oppenheim's International Law: United Nations
Rosalyn Higgins, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan
This chapter begins by discussing the International Court of Justice (ICJ) as a principal organ of the UN. The ICJ is the only UN principal organ that has its seat in The Hague. It consists of a Bench, a Registry, and a modest but important staff. All judges, who have to be able to work in French or English, are expected to sit on one of the Court’s two major committees, the Rules Committee, and the Budgetary and Administrative Committee. The chapter covers the Bench of the ICJ, the Court’s functions, the ICJ as distinct from other principal organs; ICJ financing and the UN; the ICJ and other courts and tribunals; methods of work of the ICJ; and ICJ efficiency.

Part 1 Introduction »

Dame Rosalyn Higgins DBE, QC, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan
From: Oppenheim's International Law: United Nations
Rosalyn Higgins, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan
This introductory chapter first sets out the book’s purpose, namely to provide a comprehensive study of the legal practice of the UN. It provides assistance and guidance to those whose work requires them to understand the complex structures of the UN, the multitudinous legal issues that arise daily, and the practice to date. The chapter sets out the formal structures of the UN as they have developed over the years, the historical background, including the League of Nations, and the legal instruments involved in its creation.

Part 3 The United Nations: What it Does, 26 Keeping the Peace »

Dame Rosalyn Higgins DBE, QC, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan
From: Oppenheim's International Law: United Nations
Rosalyn Higgins, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan
This chapter examines the role of the UN as peacekeeper. It focuses on certain measures used by the General Assembly and the Security Council that are perhaps more prominent in nature and which have been little discussed elsewhere in this volume. It considers the three important activities of the UN in keeping the peace: the role of the General Assembly in making resolutions; the role of the Security Council in authorizing non-forceful sanctions; and the role of the Security Council in authorizing force. Each of these three areas has been the subject of considerable and sustained scholarship; as such, the discussion is by no means comprehensive. Nevertheless, it attempts to highlight this very important aspect of the practice of the UN.

Part 2 The United Nations: What it is, 11 The Legal Personality of the United Nations »

Dame Rosalyn Higgins DBE, QC, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan
From: Oppenheim's International Law: United Nations
Rosalyn Higgins, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan
The United Nations (UN) was created by its founding member states when they adopted the UN Charter. Therefore, the legal authority for its existence, status, and possession of legal personality is derived from the role of states as lawmakers in the international system. This chapter discusses the meaning of legal personality and basis for its possession by the UN; status as an international organization; basis for legal personality; consequences of legal personality; position in international law; position in domestic law; what is covered by the legal personality; and the independent competence of subsidiary organs to rely on the UN’s legal personality in international law and such personality granted in municipal law.

List of Abbreviations »

Dame Rosalyn Higgins DBE, QC, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan
From: Oppenheim's International Law: United Nations
Rosalyn Higgins, Philippa Webb, Dapo Akande, Sandesh Sivakumaran, James Sloan