Effects of a Soft Law: An Overview of the Implementation of the UNSCR 1325 in the EU and the Western Balkans

2021 ◽  
Author(s):  
Dunja Duic
Keyword(s):  
Security Council ◽  
United Nations Security Council ◽  
Soft Law ◽  
Western Balkans ◽  
Judicial Control ◽  
Strategic Approach ◽  
Un Security Council ◽  
Peace And Security ◽  
Balkan Countries ◽  
The Eu

As the variegation of soft law increases, so we witness a growing number of soft law instruments – resolutions, guidelines, recommendations and the like – being adopted and implemented. The idea behind soft law is to assist governance through flexible problem solving, considering that soft law instruments produce legal and practical effects that are beyond judicial control. These pages focus on the effects of UN Security Council Resolution 1325 (SCR 1325) that is considered a UN soft law instrument given that it was not adopted under the Security Council’s Chapter VII mandate and the Security Council has no enforcement power thereover. In a narrower sense, this paper examines the implementation of Resolution 1325 in the EU and select Western Balkan countries. Specifically, the paper offers a contrasting of the particular National Action Plans for its implementation in Croatia, Bosnia and Herzegovina, and the EU’s Strategic Approach to the EU implementation of the United Nations Security Council Resolutions 1325 and 1820 on women, peace and security. The comparison of objectives, fundamental terms and civil society involvement will serve as a platform for drawing conclusions on the relevance and the effects of Resolution 1325 in the said countries and the EU.

A Competitive Race among Friends: The Campaign of the Kingdom of the Netherlands for a Seat on the UN Security Council

2019 ◽  
Vol 14 (4) ◽  
pp. 467-479
Author(s):  
Bahia Tahzib-Lie ◽  
Jan Reinder Rosing
Keyword(s):  
Decision Making ◽  
The Netherlands ◽  
Security Council ◽  
United Nations Security Council ◽  
Election Campaign ◽  
International Peace ◽  
Campaign Strategy ◽  
Un Security Council ◽  
Peace And Security ◽  
One Year

Summary On 31 December 2018, the Kingdom of the Netherlands — the Netherlands, Aruba, Curaçao and St Maarten — concluded its one-year membership of the United Nations Security Council (UNSC), prompting many to reflect on its meaningful contribution to international peace and security during this time. The UNSC has exclusive and far-reaching powers with regard to maintaining international peace and security. For this reason, non-permanent seats on the UNSC are highly coveted. They confer prestige, influence and respectability on the seat-holders. Given the popularity of these seats, the Kingdom’s ability to influence decision-making within the UNSC became possible only after an intensive election campaign. In this practitioners’ perspective, we provide our insights and observations on the Kingdom of the Netherlands’ campaign strategy for the UNSC elections in 2016.

scholarly journals United Nations Security Council Intervention Towards Gross Human Rights Violation of The Rohingya Ethnicity

2021 ◽  
Vol 8 (06) ◽  
pp. 6464-6474
Author(s):  
Nizam Safaraz
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Security Council ◽  
United Nations Security Council ◽  
Human Rights Violations ◽  
International Peace ◽  
Humanitarian Interventions ◽  
Un Security Council ◽  
Peace And Security ◽  
Human Rights Violation

Abstract             Every human being has the rights to be protected from discrimination by any party, especially the act of gross human rights violations. In order to prevent this, the Security Council has a function to secure international peace and security from threats to international peace. One of the case that is becoming an international concern is the human rights violations on Rohingya by Myanmar Military. In its implementation, the UN Security Council can intervene a country known to violate human rights of its people, however the Security Council's intervention caused a controversy that questioned the validity of the intervention by Security Council. Thus, the purpose of this research is to find out whether the situation in Myanmar is valid for the UN Security Council to carry out humanitarian interventions. Accordingly, this research also analyzes legal measures by the UN Security Council in dealing with human rights violations in Myanmar. Keyword: Human Rights, Humanitarian Intervention, Rohingya, UN Security Council

South Sudanese Women on the Move: An Account of the Women, Peace and Security Agenda

2020 ◽  
pp. 29-40
Author(s):  
Rita M. Lopidia ◽  
Lucy Hall
Keyword(s):  
Security Council ◽  
Critical Role ◽  
South Sudan ◽  
United Nations Security Council ◽  
Local Context ◽  
Gendered Violence ◽  
Women's Voices ◽  
South Sudanese ◽  
Un Security Council ◽  
Peace And Security

This chapter offers a personal reflection of Rita M. Lopidia’s journey into activism on matters related to Women, Peace and Security (WPS) in South Sudan. In this chapter, Rita discusses her first-hand experience of feminist advocacy in relation to WPS in South Sudan and transnationally. Rita is the co-founder of EVE organisation, which under Rita’s leadership has played a critical role in monitoring the implementation of United Nations Security Council Resolution (UNSCR) 1325 in South Sudan. This chapter focuses on the work involved in monitoring the implementation of UNSCR 1325, and the opportunities and obstacles activists face. Rita describes her personal experience of advocacy in the region and at the UN Security Council level. To conclude, Rita explains the local context and the future of the women’s movement in South Sudan, with reference to the intersections between WPS with UNSCR 2250 on Youth, Peace and Security. Rita’s tireless advocacy and work addressing gendered violence, justice, peace and security is an awe-inspiring example of the connectedness between the normative gains of WPS and the on the ground realities of ensuring women’s voices are heard at the negotiating table.

scholarly journals United Nations Security Council Resolution 2532

2021 ◽  
pp. 1-6
Author(s):  
Stefania Negri
Keyword(s):  
Security Council ◽  
International Health ◽  
Humanitarian Assistance ◽  
United Nations Security Council ◽  
Armed Conflicts ◽  
International Peace ◽  
Related Services ◽  
Un Security Council ◽  
Peace And Security ◽  
First Time

On July 1, 2020, the UN Security Council unanimously adopted Resolution 2532 on the effects of the COVID-19 pandemic across the world and its impact on international peace and security. After determining that “the unprecedented extent of the COVID-19 pandemic is likely to endanger the maintenance of international peace and security,” the Council called upon all parties to armed conflicts to apply an “immediate cessation of hostilities” and to engage in “a durable humanitarian pause … in order to enable the safe, unhindered and sustainable delivery of humanitarian assistance, provisions of related services by impartial humanitarian actors … and medical evacuations.” The resolution marks the first time the Security Council has called for a global ceasefire in connection with an international health emergency.

Part I The International Law of Tainted Money, 3 International Legal Sources II—the United Nations Security Council Resolutions

2017 ◽  
Author(s):  
Png Cheong-Ann
Keyword(s):  
United Nations ◽  
Security Council ◽  
United Nations Security Council ◽  
The Body ◽  
International Peace ◽  
Primary Responsibility ◽  
Un Security Council ◽  
Peace And Security ◽  
The United Nations ◽  
Fair Degree

This chapter looks at the work of the United Nations Security Council, which it states is, in addition to the United Nations conventions, central to global anti-terrorism efforts. The Security Council, as one of the principal organs of the United Nations (UN), is the body that the UN Charter vests with primary responsibility for the maintenance of international peace and security. The chapter looks at the composition and running of the Security Council. Chapter VI of the UN Charter enables the Security Council to take certain measures in situations where the continuation of a dispute is likely to threaten international peace and security. Chapter VII of the UN Charter enables the Security Council to take relatively far-reaching measures that are mandatory obligations for UN members, including the use of force, and it has a fair degree of discretion in the adoption of these measures. The chapter looks at a number of UN Security Council resolutions in detail.

Playing the Devil's Advocate: the United Nations Security Council is Unbound by Law

1999 ◽  
Vol 12 (3) ◽  
pp. 549-563 ◽  
Author(s):  
Gabriël H. Oosthuizen
Keyword(s):  
United Nations ◽  
Security Council ◽  
Thomas Hobbes ◽  
United Nations Security Council ◽  
International Peace ◽  
Security Issues ◽  
Legal Limits ◽  
Un Security Council ◽  
Peace And Security ◽  
The Right

Playing the devil's advocate, it is argued that ultimately there are no international legal limits to the UN Security Council's enforcement powers. The argument is based on a brief analysis of various UN Charter provisions and the rejection of the ius cogens concept and other possible arguments for international legal limits. The conclusion reached is that the UN Security Council has unfettered powers when dealing with maintenance of international peace and security issues.Is it true of the Security Council, that: […] because the End of this Institution is the Peace and Defence of […] all; and whosoever has the Right to the End, has the Right to the Means, it belongeth of Right [to him] to be Judge both of the Meanes [sic] of Peace and Defence; and also of the hindrances and disturbances of the same; and to do whatsoever he shall think necessary to be done […]Martti Koskenniemi, quoting from Thomas Hobbes' Leviathan

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