The Gulf Crisis and African-American Interests Under International Law

1993 ◽  
Vol 87 (1) ◽  
pp. 42-82 ◽  
Author(s):  
Henry J. Richardson

It has now been two years since the end of the United Nations Security Council’s military enforcement action against Iraq, popularly known as “Operation Desert Storm.” The glow of military success suffused the American atmosphere, and its aftermath is clearly shaping international expectations about the United Nations, its legal authority, human rights, and more general issues of power, wealth and loyalties of peoples. Also shaping expectations is the end of the Cold War, which left the United States as the sole “superpower.” How well the international community and the American polity are adjusting to the absence of the Soviet Union as a major state and convenient enemy remains open to question. International law is thus challenged to regulate an international community suddenly transformed in many ways.

Author(s):  
Michelle Getchell

The United States was heavily involved in creating the United Nations in 1945 and drafting its charter. The United States continued to exert substantial clout in the organization after its founding, though there have been periods during which U.S. officials have met with significant opposition inside the United Nations, in Congress, and in American electoral politics, all of which produced struggles to gain support for America’s international policy goals. U.S. influence in the international organization has thus waxed and waned. The early postwar years witnessed the zenith of American prestige on the global stage. Starting in the mid- to late 1950s, as decolonization and the establishment of newly independent nations quickened, the United States began to lose influence in the United Nations owing to the spreading perception that its alliances with the European colonial powers placed it on the wrong side of history. As U.N. membership skyrocketed, the organization became more responsive to the needs and interests of the decolonizing states. During the 1970s and early 1980s, the American public responded to declining U.S. influence in the United Nations with calls to defund the organization and to pursue a unilateral approach to international challenges. The role of the United States in the United Nations was shaped by the politics of the Cold War competition with the Soviet Union. Throughout the nearly five decades of the Cold War, the United Nations served as a forum for the political and ideological rivalry between the United States and the Soviet Union, which frequently inhibited the organization from fulfilling what most considered to be its primary mission: the maintenance of global security and stability. After the collapse of the Soviet Union and the peaceful end of the Cold War, the United States enjoyed a brief period of unrivaled global hegemony. During this period, U.S. officials pursued a closer relationship with the United Nations and sought to use the organization to build support for its international policy agenda and military interventionism.


2008 ◽  
Vol 10 (2) ◽  
pp. 71-96 ◽  
Author(s):  
Norbert Götz

From the mid-1950s on, the United Nations (UN) provided a forum for Finland to have an international presence despite its status as a neutral country in the Cold War. But until 1955, Finland's bid to join the UN was blocked by the Soviet Union. The inability to gain admission caused some Finns to favor staying outside the UN, a view that gained its widest circulation in the latter half of 1950 after the UN had been invoked to respond to North Korea's attack on South Korea. Nonetheless, although some Finns were concerned that membership in the UN might cause their country to become embroiled in a superpower Cold War conflict against its will, others believed that entry into the UN would confer prestige and legitimacy on Finland and strengthen its position as a sovereign member of the international community. Although Finns realized that the UN would not provide a security guarantee, the organization did help Finland to consolidate its neutral position in the Cold War international system.


2019 ◽  
Vol 58 (2) ◽  
pp. 399-413
Author(s):  
Rizal Abdul Kadir

After twenty-two years of negotiations, in Aktau on August 12, 2018, Kazakhstan, Azerbaijan, Iran, Russia, and Turkmenistan signed the Convention on the Legal Status of the Caspian Sea. The preamble of the Convention stipulates, among other things, that the Convention, made up of twenty-four articles, was agreed on by the five states based on principles and norms of the Charter of the United Nations and International Law. The enclosed Caspian Sea is bordered by Iran, Russia, and three states that were established following dissolution of the Soviet Union, namely Azerbaijan, Kazakhstan, and Turkmenistan.


1992 ◽  
Vol 5 (2) ◽  
pp. 273-281
Author(s):  
Robert Siekmann

Especially as a consequence of the termination of the Cold War, the détente in the relations between East en West (Gorbachev's ‘new thinking’ in foreign policy matters) and, finally, the disappearance of the Soviet Union, the number of UN peace-keeping operations substantially increased in recent years. One could even speak of a ‘proliferation’. Until 1988 the number of operations was twelve (seven peace-keeping forces: UNEF ‘I’ and ‘II’, ONUC, UNHCYP, UNSF (West New Guinea), UNDOF AND UNIFIL; and five military observer missions: UNTSO, UNMOGIP, UNOGIL, UNYOM and UNIPOM). Now, three forces and seven observer missions can be added. The forces are MINURSO (West Sahara), UNTAC (Cambodia) and UNPROFOR (Yugoslavia); the observer groups: UNGOMAP (Afghanistan/Pakistan), UNIIMOG (Iran/Iraq), UNAVEM ‘I’ and ‘II’ (Angola), ONUCA (Central America), UNIKOM (Iraq/Kuwait) and ONUSAL (El Salvador). UNTAG (Namibia), which was established in 1978, could not become operational until 1989 as a result of the new political circumstances in the world. So, a total of twenty-three operations have been undertaken, of which almost fifty percent was established in the last five years, whereas the other half was the result of decisions taken by the United Nations in the preceding forty years (UNTSO dates back to 1949). In the meantime, some ‘classic’ operations are being continued (UNTSO, UNMOGIP, UNFICYP, UNDOF, and UNIFIL), whereas some ‘modern’ operations already have been terminated as planned (UNTAG, UNGOMAP, UNIIMOG, UNAVEM ‘I’ and ‘II’, and ONUCA). At the moment (July 1992) eleven operations are in action – the greatest number in the UN history ever.


2015 ◽  
Vol 17 (2) ◽  
pp. 73-102 ◽  
Author(s):  
Michelle Denise Getchell

This article reevaluates the U.S.-backed coup in 1954 that overthrew Guatemala's democratically elected president, Jacobo Árbenz Guzmán. The coup is generally portrayed as the opening shot of the Cold War in the Western Hemisphere and a watershed moment for U.S.–Latin American relations, when the United States supplanted its Good Neighbor Policy with a hardline anti-Communist approach. Despite the extensive literature on the coup, the Soviet Union's perspectives on the matter have received scant discussion. Using Soviet-bloc and United Nations (UN) archival sources, this article shows that Latin American Communists and Soviet sympathizers were hugely influential in shaping Moscow's perceptions of hemispheric relations. Although regional Communists petitioned the Soviet Union to provide support to Árbenz, officials in Moscow were unwilling to prop up what they considered a “bourgeois-democratic” revolution tottering under the weight of U.S. military pressure. Soviet leaders were, however, keen to use their position on the UN Security Council to challenge the authority of the Organization of American States and undermine U.S. conceptions of “hemispheric solidarity.” The coup, moreover, revealed the force of anti-U.S. nationalism in Latin America during a period in which Soviet foreign policy was in flux and the Cold War was becoming globalized.


Author(s):  
Justin Morris

This chapter analyzes the transformational journey that plans for the United Nations undertook from summer 1941 to the San Francisco Conference of 1945 at which the UN Charter was agreed. Prior to the conference, the ‘Big Three’ great powers of the day—the United States, the Soviet Union, and the United Kingdom—often struggled to establish the common ground on which the UN’s success would depend. However, their debates were only the start of the diplomatic travails which would eventually lead to the establishment of the world organization that we know today. Once gathered at San Francisco, the fifty delegations spent the next two months locked in debate over issues such as the role of international law; the relationship between the General Assembly and Security Council; the permanent members’ veto; and Charter amendment. One of modern history’s most important diplomatic events, its outcome continues to resonate through world politics.


2005 ◽  
Vol 4 (3) ◽  
pp. 517-541
Author(s):  
W. Andy Knight

AbstractThe end of the Cold War opened a window of opportunity for the United Nations to play a greater role in international security than it was allowed to play in the midst of the ideological conflict between the United States and the former Soviet Union. However, the expected "peace dividend" never materialized in the post-Cold War period. Instead, a number of civil conflicts erupted and new threats to security, particularly to human security, emerged. This chapter critically examines the evolution of the UN's role in addressing international security problems since 1945, including global terrorism. It also outlines recent attempts by the world body, through extension of its reach beyond the territorial constraints of sovereignty, to build sustained peace through preventive measures and protect human security globally.


Author(s):  
A. N. Vylegzhanin ◽  
Tim Potier ◽  
E. A. Torkunova

INTRODUCTION. This year is the 75-th anniversary of the Great Victory of the Allies – Britain, the Soviet Union and the USA – over Nazi Germany. The most important legal result of this victory has become the Charter of the United Nations – the universal treaty initiated by Great Britain, the Soviet Union and the USA (and later – by China and France) aiming to save succeeding generations from the new world war by establishing United Nations mechanisms to maintain international peace and global security. The UN Charter has since become the foundation of modern international law, respected by States across continents and generations. That seems, however, to begin changing after the collapse of the Warsaw Pact, when its former-members «socialist» European countries (including Bulgaria and Poland) became a part of the Western military bloc – North Atlantic Treaty Organization (NATO). NATO seems to demonstrate now a new attitude to fundamental principles of the UN Charter, first of all, to the principle relating to the use of armed force only according to the UN Charter. NATO States-members launched in 1999 an air campaign against Serbia without authorization by the Security Council; then an ad hoc western coalition, led by the United States, resorted to armed force in 2003 against Iraq and organized in the occupied territory of Iraq the death penalty of the President Saddam Hussein. Even some western European States, France and Germany, first of all opposed such military action of the USA for ignoring the UN Charter. The apparent involvement of the USA in the unconstitutional removal of the Ukrainian President Yanukovich from power in Kiev in 2014 and the subsequent local war between those who recognize such a discharge as legitimate and those who do not (both referring to the right of self-defense) – these facts make the problem of international peace especially urgent. In this political environment, the risks of World War III seem to be increasing. This paper addresses such challenges to modern international law.MATERIALS AND METHODS. Th background of this research is represented by the teachings of distinguished scholars and other specialists in international law, as well as international materials including documents of the international conferences relevant to the topic. Some of such materials are alarming, noting that the international legal system is in danger of collapse and it is doubtful whether an international legal order will be possible in the coming decades at all. Others are not so pessimistic. The analytical framework includes also suggested interpretations of the UN Charter and other international treaties regulating interstate relations in the area of global security. The research is based on a number of methods such as comparative law and history of international law, formal logic, including synthesis of relevant facts and analogy.RESEARCH RESULTS. It is acknowledged that there is a need for a more coherent international legal order, with the system of international law being at its heart. Within the context of applicable principles and norms of international law, this article specifically provides the results of analysis of the following issues:1) centrifugal interpretations of international law as they are reflected in its sources; 2) the need for increasing the role of the UN Charter in the global international legal framework; 3) modern values of the UN Charter as an anti-confusion instrument; 4) the contemporary meaning of the Principles embedded in the UN Charter; 5) comparison of the main principles of international law and general principles of law; 6) jus cogens and the UN Charter.DISCUSSION AND CONCLUSIONS. After discussing the issues noted above, this paper concludes that it is in the interest of the community of states as a whole to clarify the normative structure and hierarchy of modern international law. Greater discipline will need to be demonstrated in the use and classification of principles of international law and general principles of law in the meaning of Article 38 of the ICJ Statute. The content of jus cogens norms most probably will be gradually identified, after diffi lt discussions across the international community, both at interstate level and among academics. At the heart of such discussions may be the conclusion suggested in this paper on the peremptoriness of the principles of the United Nations Charter – Articles 1 and 2. Such an approach will further promote international law at the advanced quality of regulation of international relations and, for the good of all mankind, assist in the establishment of an international environment much more dependent on the rule of law.


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