基本説明
New in paperback. Hardcover was published in 1999. Provides a legal analysis of the institutional mechanisms and processes which the UN employs to use force to maintain or restore peace.
Full Description
This book examines one of the most important challenges facing the United Nations today: the effective and lawful use of force by or under the authority of the UN to maintain or restore peace. In particular, the book provides a legal analysis of the institutional mechanisms and processes which the UN employs to use force to maintain or restore peace.
The UN Security Council is the main organ of the UN entrusted with the responsibility for the maintenance or restoration of peace. It is given broad powers of enforcement under Chapter VII of the UN Charter in order to achieve this objective. However, the Charter provision which was intended to provide the Council with a standing military force to carry out enforcement action has not as yet been implemented. In response, the Council has sought to deal with an increasing demand for military enforcement action by delegating its powers in this area to other UN organs (e.g. the UN Secretary-General in Somalia, and the War Crimes Tribunals for Rwanda and the former Yugoslavia), UN Member States (e.g. the coalition against Iraq), and regional and collective self-defence organizations (e.g. NATO in Bosnia). It is this process of delegation of military enforcement powers by the Council which is the focus of the book. By examining the legal framework which governs the process of a delegation by the Council of its Chapter VII powers; the practice relating to the exercise of these powers by each of the delegates concerned; and the policy issues relating to such delegations, the book makes a significant contribution to the content of the law pertaining to the use of force by the UN and provides guidance as to the likely future developments in the legal framework governing collective action to maintain peace under the auspices of the United Nations.
Contents
Introduction ; 1. The General Legal Framework Governing the Process of a Delegation by the UN Security Council of its Chapter VII Powers ; I. The Nature of the Process of a Delegation of Chapter VII Powers ; II. The General Competence of the Security Council to Delegate its Chapter VII Powers ; III. Limitations on the General Competence of the Security Council to Delegate its Chapter VII Powers ; IV. The ICJ and the Justiciability of a Delegation of Chapter VII Powers ; 2. The Delegation of Powers to the UN Secretary-General ; I. The Competence of the Council to Delegate Chapter VII Powers to the Secretary-General ; II. The Legal Framework Governing the Exercise of Delegated Chapter VII Powers by the Secretary-General ; III. The Practice of the Secretary-General in Exercising Delegated Chapter VII Powers ; 3. The Delegation of Powers to UN Subsidiary Organs ; I. UN Subsidiary Organs: Issues of Definition ; II. The Authority of UN Principal Organs to Establish Subsidiary Organs: the Competence of the Council to Delegate Chapter VII Powers to Subsidiary Organs ; III. Preconditions for the Lawful Establishment of UN Subsidiary Organs ; 4. The Legal Framework Governing the Delegation of Powers to UN Member States ; I. The Competence of the Council to Delegate Chapter VII Powers to UN member States ; II. Limitations on the Competence of the Council to Delegate Chapter VII Powers to Member States ; III. Responsibility for the Acts of A Force Carrying Out UN Authorised Military Enforcement Action ; 5. The Delegation of Powers to UN Member States ; I. A Delegation of Powers to Counter a Use of Force by a State or Entities Within a State ; II. A Delegation of Powers to Carry Out a Naval Interdiction ; III. A Delegation of Powers to Achieve Humanitarian Objectives ; IV. A Delegation of Powers to Enforce a Council Declared No-Fly Zone: The Case of Iraq ; V. A Delegation of Powers to Ensure Implementation by Parties of an Agreement which The Council Has Deemed is Necessary for the Maintainance or Restoration of Peace ; 6. The Delegation of Powers to Regional Arrangements ; I. The Competence of the Council to Delegate Chapter VII Powers to Regional Arrangements ; II. The Delegation of Powers to NATO ; III. The Policy of Delegating Chapter VII Powers to Regional Arrangements ; 7. Concluding Remarks ; Bibliography ; Index
