Full Description
This title was first published in 2003. We may have witnessed the partial erosion of the classical view that the international legal system is horizontal and consensual, but to argue that legal regulation can occur in relation to the ultimate expression of high politics - the use of military power - attracts accusations of 'idealism'. Maybe it is too much to expect law and institutions to govern or regulate the use of force in international relations, though it can be argued that legal issues are significant in shaping the debate. Whether a powerful State can take military action against another without the authority of the Security Council, is, for instance, both a political and a legal issue. Though the law may not be controlling, it can provide a counterbalance to political choice. The essays in this volume illustrate the profound differences that exist as to the existence, role, and efficacy of collective security law.
Contents
Contentscollective security, Martti Koskenniemi; Diplomacy, Hans J. Morgenthau; The covenant and the charter, J.L. Brierly; The role of law and legal considerations in the functioning of the United Nations, V.S. Mani. Actors Within the United Nations: Powers and Legitimacy: The legitimacy of the collective authority of the Security Council, David D. Caron; Does the United Nations Security Council have the competence to act as court and legislature?, Keith Harper; The police in the temple: order, justice and the UN: a dialectical view, Martti Koskenniemi; The legality of bombing in the name of humanity, N.D. White; The 'inherent' powers of the UN Secretary-General in the political sphere: a legal analysis, Roberto Lavalle; Judging the security council, Jose A. Alvarez; The role of the International Court of Justice in the maintenance of international peace, Dapo Akande. UN Collective Security Measures: Boom or bust? The changing nature of UN peacekeeping, David M. Malone and Karin Wermester; The applicability of international law standards to United Nations economic sanctions programmes, W. Michael Reisman and Douglas L. Stevick; The United Nations system: a place for criminal courts?, Colin Warbrick; United Nations law in the Gulf conflict, Oscar Schachter; Bypassing the Security Council: ambiguous authorizations to use force, cease fires and the Iraqi inspection regime, Jules Lobel and Michael Ratner. Collective Security Outside the UN: NATO, the UN and the use of force: legal aspects, Bruno Simma; Security Council control over regional action, Christian Walter; The search for subsidiarity: the UN, African regional organizations and humanitarian action, David O'Brien; Name index.
