The Law Of The United Nations As Applied To Interventions Within The Framework Of Article 2 Paragraph 7 Of The Un Charter

Ever since the first generation of man, whereby our first patriarch, Adam, and matriarch, Eve, were commanded by God on what to do if they were to live and enjoy a happy life of perpetual peace and prosperity (Genesis 2: 1617) right up to our own generation today (2014), numerous prophets, prophetesses, philosophers, statesmen, scientists, and jurists alike have also arisen echoing the same. These include, for example, Hosea, Isaiah, Micah, Samuel, Jeremiah,etc. (prophets); Miriam, Deborah, Anna, etc. (prophetesses); Confucious, Socrates, Zeno, Thomas Hobbes, Jeremy Bentham, John Stuart Mill, John Locke, etc. (philosophers); Ur-Num, Hammurabi, Marcus Tullis Cicero, Woodrow Wilson, Mohandas Karamchand Gandhi, Marcus Garvey, Rev. Dr. Martin Luther King Jr., Kwame Nkrumah, Patrice Lumumba, Nelson Madiba Mandela, etc. (statesmen); Hugo Grotius, L. Oppenheim, H. Lauterpacht, Hans Kelsen, Louis B. Sohn, etc (jurists); Albert Einstein, Inis L. Claude Jr., Robert J. Oppenheimer, Sir Norman Angell, Raymond Aron, Henri Saint-Simon, Immanuel Kant, David Easton, etc (scientists); and more so, the Founding Fathers of The United Nations in 1945. But like Gods effort, all their efforts also have fallen on mans deaf ears, leading humanity to a perpetual perish (Hosea 4:6). Using a case study methodology, this book has established that various forms of conflict perennially scourging the international community are influenced by obsessive self-seeking political passions for national interest defined in terms of power; that these passions are cunningly packaged in dangerous principles of sovereign equality and domestic jurisdiction and the doctrine of survival of the fittest; that it is these viruses that have always undermined and consequently retarded the United Nations efforts to realize fully its mandate as the chief custodian of world peace and security as was intended by its Founding Fathers in 1945 when all nation-states had already proved totally incapable of achieving this elusive goal, thus leading to the eruption of both World War I and II; that this tragedy is a function of mans paradoxical nature, his appetite for both peace and war; that although man is endowed with a unique natural ability to listen and understand better than all other members of the animal kingdom, unfortunately, like Adam and Eve, man is a perpetual hostage to his own double standard nature, which consequently does not allow him to pass an acid test on the virtue of pacta sunt servanda (honesty); and finally that this is why the wishes of the Founding Fathers of the United Nations contained in both the preamble and entire charter have always failed to bear fruit in full since its inception. Hence, an urgent need for an emergency revival of the original concept of this world bodys role by depreciating the existing dangerous supremacy of nation-states sovereignty and legitimacy in appreciation of the sovereignty and legitimacy of the United Nations as a panacea. This pragmatic innovation is cost-effective and, therefore, extremely necessary. Like a nation-states effectively authoritative responsibility over its intercitizen interaction within its respective nation-state jurisdiction, this newly revitalized world body could similarly possess an effectively authoritative responsibility over its interstate interaction, including acts of all nonstate actors within its international jurisdiction. Also, it would be able to contain both those viruses stated above and pathological tendencies of certain temporary insane actor(s) from emotionally resorting to thermonuclear, biological, or any other means of suicide mass terrorism/ genocide as ones payoff option to the source(s) of ones long helpless frustration and suffering that could consequently lead humanity to an automatic global Doomsday simply because of absence of such a needed world body to serve as an umpire for all in conformity with the wishes of the UN Founding Fathers.

The Charter of the United Nations was signed in 1945 by 51 countries representing all continents, paving the way for the creation of the United Nations on 24 October 1945. The Statute of the International Court of Justice forms part of the Charter. The aim of the Charter is to save humanity from war; to reaffirm human rights and the dignity and worth of the human person; to proclaim the equal rights of men and women and of nations large and small; and to promote the prosperity of all humankind. The Charter is the foundation of international peace and security.

Reconsiders the UN's Declaration of Principles of International Law Governing Friendly Relations Between States in the light of new problems of conflict resolution.

This fully up-dated, third revised edition of Conforti's thought-provoking and challenging textbook, The Law and Practice of the United Nations, provides a comprehensive legal analysis of problems concerning membership, the structure of UN organs, their functions and their acts, taking into consideration the text of the Charter, its historical origins, and, particularly, the practice of the organs. Its main focus is on the practice of the Security Council. In particular the action of the Security Council under Chapter VII has been taken into account. The legal literature on Chapter VII - a literature which has grown enormously in recent times - has also been considered. The fact that the legal aspects of the action or the inaction of the Security Council have been discussed to an unusually large extent by ordinary people at the time of the war against Iraq and even later is worth noting. The importance of the role of the United Nations, and the content of the rules governing it, has become a leitmotiv of all debates on international politics. Consequently, the opinion often held in the past, according to which it was useless to deal with the legal aspects of the United Nations activity, can be considered as obsolete.

The Law and Practice of the United Nations examines the law of the United Nations through an analysis of the Organization’s practice from its inception until the present, in particular to the transformations the UN has undergone since the end of the Cold War. Special consideration is given to Chapter VII of the UN Charter and its interpretation, the United Nations’ membership and organs’ competences, along with the peaceful settlement of disputes, and coercive action for the maintenance of international peace and security. In addition, this important new edition explores such areas as general and smart sanctions, peacekeeping, authorizations of the Security Council, territorial administrations, self-determination, human rights, financing of the Organization, acts adoptable by the UN organs, and a review of their legality. Offering a fully revised and updated analysis of the main legal issues surrounding the United Nations’ practice, The Law and Practice of the United Nations will be of interest to all those involved with legal issues surrounding the United Nations, the analysis of said issues, and their impacts on international practice

This book combines primary materials with expert commentary, demonstrating the interaction between law and practice in the UN organisation, as well as the possibilities and limitations of multilateral institutions in general. Each chapter begins with a short introductory essay by the authors that describes how the documents that follow illustrate a set of legal, institutional, and political issues relevant to the practice of diplomacy and the development of public international law through the United Nations. This second edition updates the materials in the first edition and introduces new features that reflect a changing global landscape.

The law of neutrality - the corpus of legal rules regulating the relationship between belligerents and States taking no part in hostilities - assumed its modern form in a world in which the waging of war was unconstrained. The neutral State enjoyed territorial inviolability to the extent that it adhered to the obligations attaching to its neutral status and thus the law of neutrality provided spatial parameters for the conduct of hostilities. Yet the basis on which the law of neutrality developed - the extra-legal character of war - no longer exists. Does the law of neutrality continue to survive in the modern era? If so, how has it been modified by the profound changes in the law on the use of force and the law of armed conflict? This book argues that neutrality endures as a key concept of the law of armed conflict. The interaction between belligerent and nonbelligerent States continues to require legal regulation, as demonstrated by a number of recent conflicts, including the Iraq War of 2003 and the Mavi Marmara incident of 2010. By detailing the rights and duties of neutral states and demonstrating how the rules of neutrality continue to apply in modern day conflicts, this restatement of law of neutrality will be a useful guide to legal academics working on the law of armed conflict, the law on the use of force, and the history of international law, as well as for government and military lawyers seeking comprehensive guidance in this difficult area of the law.