Chapter VII Article 41 The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions,

Slides:



Advertisements
Similar presentations
The United Nations (i)(ii). Origins Traditional methods had failed 1942 United Nations Moscow 1943 – maintenance of peace 1944 Dumbarton Oaks February.
Advertisements

Proactive Interventions: Incorporating a Children’s Rights Approach
The Ethics of War Spring Main normative questions When, if ever, is resort to war justified? What can we permissibly do in war? Who are responsible.
Palacky University Olomouc Faculty of Law Law of International Organisations -International Organizations and the Law of Treaties Support.
INTERNATIONAL LAW THE USE OF FORCE. THE PROHIBITION OF FORCE: Art 2 t 3. All Members shall settle their international disputes by peaceful means in such.
Introduction to public international law
SADC MUTUAL DEFENCE PACT (MDP) Presentation by the Department of Defence to the Joint Standing Committee on Defence, 14 November 2003.
Collective security: Use of force authorized by the Security Council Current legal issues: The Use of Force in International Law Dr Myra Williamson Associate.
USE OF FORCE IN INTERNATIONAL LAW
International Law Unit 9: Use of Force Fall 2005 Mr. Morrison.
The Creation of the United Nations And the start of the Cold War.
Formation of the United Nations
History and Functions of the United Nations
International Humanitarian Law The Law of Armed Conflicts Associate Professor Gro Nystuen 2007
Operační program Vzdělávání pro konkurenceschopnost Název projektu: Inovace magisterského studijního programu Fakulty ekonomiky a managementu Registrační.
INT 3131 Lecture Summary ( ) 1. The Organization of the UN (cont’d) Trusteeship Council Secretariat International Court of Justice.
THE UNITED NATIONS OUR ONLY HOPE FOR PEACE? WHAT IS THE UNITED NATIONS? The United Nations officially came into existence on October 24, 1945 with 51.
SGTM 1 B: Peacekeepers’ Introduction to United Nations Peace Operations Slide 1 SGTM 1 B: Peacekeepers’ Introduction to United Nations Peace Operations.
INT 3131 INT 313: INTERNATIONAL ORGANIZATION Fall November 2002 The United Nations I: An Introduction.
E NFORCEMENT OF I NTERNATIONAL L AW Campbell, Genevieve and Stewart.
International Settlement of Disputes (political) Article 2(3) of U.N. Charter – All members shall settle their international disputes by peaceful means.
International law and IR theories The invasion of Iraq, 2003.
Chapter 11 - Collective Self-Defense. 2 The UN What was the League of Nations? How well did it work? What did the world's nations promise in Article 2(4)
A regional perspective: Council of Europe The European Convention on Human Rights The European Social Charter.
PRESENTATION TO SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT  CONSIDERATION BY PARLIAMENT OF PROCLAMATIONS IN TERMS OF SECTION 26 OF THE.
Interventions, Institutions, Regional & Ethnic Conflicts : Class Notes #2.
United Nations. Key Terms General Assembly Security Council Military Staff Committee Secretary General.
 The Security Council has primary responsibility, under the Charter, for the maintenance of international peace and security  A representative of each.
The Use of Force Unit 11. Introduction Before the U.N. Charter, before 1945, many states followed the Just War doctrine. Just War theory states that war.
International Law and the Use of Force (LG566) Topic 4: Self-Defence.
The Security Council has primary responsibility, under the Charter, for the maintenance of international peace and security. Security Council - which met.
Use of Force and International Law General Treaty for the Renunciation of War, 1928/ Briand Kellog Pact ‘solemnly declare in the names of their respective.
Enforcement of Human Rights and Sanctions.  The enforcement of human rights is a complicated business, given the different categories of rights involved.
O The General Assembly is the main deliberative, policymaking and representative organ of the United Nations. o It is comprised of all 193 Members of the.
LEGALITY OF THE THREAT OR USE OF NUCLEAR WEAPONS ICJ, Advisory Opinion,
The United Nations Charter How the members organise peace in times of potential conflict.
International Law and the Use of Force (LG566) Topic 1: Introduction.
Article 2(4) of the UN Charter A textual analysis.
From Kosovo to Libya: NATO and the Responsibility to Protect (R2P)
The United Nations Core business: PEACE.
The United Nations.
Case C-174/14 JUDGMENT OF THE COURT (Fourth Chamber) 29 October 2015
Robin “Sak” Sakoda Armitage International, L.C.
Sources of international law
International Law.
PRESENTATION TO SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT 9 FEBRUARY :00 -11:30 PROCLAMATIONS BY THE PRESIDENT UNDER SECTION 26.
CHAPTER ONE OBJECTIVE AND GOAL
International Organizations
PROTOCOL RELATING TO THE ESTABLISHMENT OF THE PEACE AND SECURITY COUNCIL OF THE AFRICAN UNION BRIEFING TO THE JOINT STANDING COMMITTEE ON DEFENCE AND THE.
Article X The Members of the League undertake to respect and preserve as against external aggression the territorial integrity.
The Concept of a Legal Norm
The Structure of the United Nations
The United Nations.
President of the Russian Association of International Law
Legal Environment for Business in Nepal 26 February 2017
UN budget Article 17 The General Assembly shall consider and approve the budget of the Organization. The expenses of the Organization shall be borne by.
Draft Articles on State Responsibility (2001)
The norms on the use of force in a nutshell
Chapter VII Article 2.4 All Members shall refrain in their international relations from the threat or use of force against the territorial integrity or.
UN organs Article 7 There are established as principal organs of the United Nations: a General Assembly, a Security Council, an Economic and Social Council,
Membership in the UN Two categories: Original members (article 3);
Functional immunity (only for official acts)
UNIVERSITY OF MONTENEGRO INSTITUTE OF FOREIGN LANGUAGES
UN Secretariat Article 97 The Secretariat shall comprise a Secretary-General and such staff as the Organization may require. The Secretary-General shall.
EUROPEAN UNION CITIZENSHIP
The United Nations.
What is the United Nations?
International Organisations – General Issues, Part 1
The legality of airstrikes against Syria Presentation: Ayaan Hersi.
Vienna Convention on the Law of Treaties 1969
Presentation transcript:

Chapter VII Article 41 The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations.

Chapter VII Examples of measures adopted under article 41: partial or total embargo; non-recognition of acts; establishment of international tribunals; targeted sanctions (blacklisting).

Chapter VII Article 50 If preventive or enforcement measures against any state are taken by the Security Council, any other state, whether a Member of the United Nations or not, which finds itself confronted with special economic problems arising from the carrying out of those measures shall have the right to consult the Security Council with regard to a solution of those problems.

Chapter VII Article 42 Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.

Chapter VII Article 43 1. All Members of the United Nations, in order to contribute to the maintenance of international peace and security, undertake to make available to the Security Council, on its and in accordance with a special agreement or agreements, armed forces, assistance, and facilities, including rights of passage, necessary for the purpose of maintaining international peace and security.

Chapter VII Article 46 Plans for the application of armed force shall be made by the Security Council with the assistance of the Military Staff Committee.

Chapter VII Peacekeeping operations: significant role of the Secretary-General; necessity of the consent of the MS on whose territory the operation is deployed; neutrality and impartiality of the operations; use of force especially for self-defense; limited duration of the operations expenses to be born by the U.N. budget.

Chapter VII Authorization for MS to use force: no duty, only willing Member States; existence of a breach of the peace or a threat to the peace; authorization must be express, not implied; previous authorization, not subsequent; Member States carry out the intervention, but they are under the control of the SC.

Chapter VII Hybrid measure under Chapter VII: administration of territories. Unclear legal basis.

Chapter VII Article 51 Nothing in the present Charter shall impair the inherent right of individual or collective self-defence if an armed attack occurs against a Member of the UN, until the SC has taken measures necessary to maintain international peace and security. Measures taken by Members in the exercise of this right of self-defence shall be immediately reported to the Security Council and shall not in any way affect the authority and responsibility of the Security Council…

Individual and collective self-defence: - rule derived from general international law; - reaction to an armed attack; - subsequent self-defence; necessity of self-defence; proportionality of self-defence; need to keep the SC informed; primacy of the measures adopted by the SC.

Chapter VIII Article 52 Nothing in the present Charter the existence of regional arrangements or agencies for dealing with such matters relating to the maintenance of international peace and security as are appropriate for regional action, provided that such arrangements or agencies and their activities are consistent with the Purposes and Principles of the United Nations.

Chapter VIII Article 53 1. The Security Council shall, where appropriate, utilize such regional arrangements or agencies for enforcement action under its authority. But no enforcement action shall be taken under regional arrangements or by regional agencies without the authorization of the Security Council…

Chapter VIII Article 54 The Security Council shall at all times be kept fully informed of activities undertaken or in contemplation under regional arrangements or by regional agencies for the maintenance of international peace and security.

Powers of the General Assembly Article 11 1. The General Assembly may consider the general principles of co-operation in the maintenance of international peace and security, including the principles governing disarmament and the regulation of armaments, and may make recommendations with regard to such principles to the Members or to the Security Council or to both.

Powers of the General Assembly 2. The General Assembly may discuss any questions relating to the maintenance of international peace and security brought before it by any Member of the United Nations, or by the Security Council, or by a state which is not a Member of the United Nations in accordance with Article 35, paragraph 2, and, except as provided in Article 12, may make recommendations with regard to any such questions to the state or states concerned or to the Security Council or to both.

Powers of the General Assembly Article 14 Subject to the provisions of Article 12, the General Assembly may recommend measures for the peaceful adjustment of any situation, regardless of origin, which it deems likely to impair the general welfare or friendly relations among nations, including situations resulting from a violation of the provisions of the present Charter setting forth the Purposes and Principles of the United Nations.

Powers of the General Assembly Article 11.2 Any such question on which action is necessary shall be referred to the Security Council by the General Assembly either before or after discussion.

Powers of the General Assembly Article 12 1. While the Security Council is exercising in respect of any dispute or situation the functions assigned to it in the present Charter, the General Assembly shall not make any recommendation with regard to that dispute or situation unless the Security Council so requests.