Responses to World Order
PeacekeepingPeacekeeping force was used in the UN to withstand blatant acts of aggression. This was seen as an improvement on the League of Nations
Peacekeeping gave the legal right to the UNSC to use ‘peace enforcement’.
The onset of the Cold War halted the idea of peace enforcement because all permanent 5 members needed to cooperate
Peacekeeping was born throughout the Suez Crisis 1956. The P5 could not agree to this issue and therefore the debate of intervention went to the General Assembly.
Peacekeeping is controlled by the Secretary- General
http://www.youtube.com/watch?v=WRhRrmvZ9h8
Peace Building Commission
This commission ended at the 2005 World Summit
Peacebuilding is a longer process that can’t simply be measured in years of success.
The hope is a new PBC will ensure long term attention by the global community to the tasks of post-conflict recovery
Proposal for the UN Emergency Peace Service (UNEPS)
NGOs are pushing towards a UNEPS which would act swiftly when conflict arises
Action could be taken in days rather than months. This may result in more effective measures taken place to restore peace and stability
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International Instruments
Treaties and customary law are the main sources of international law
Treaties are legally binding and are freely entered into. There are two types:
Bilateral treaties - treaties between two states
Multilateral treaties - treaties between a number of states
Important treaties to world order
Un Charter 1945
Universal Declaration of Human Rights (UDHR) 1948
Geneva Conventions 1949
Nuclear Non - Proliferation Treaty (NPT) 1968
The Non-Proliferation Treaty 1968
http://www.youtube.com/watch?v=2r-9a1-n8sE
Jus Cogens
A legal norm or a ‘peremptory norm’
Treaties do not have to be signed in order to be considered binding
It is accepted as a norm today that slavery, piracy and torture are prohibited under international law
Courts and Tribunals
International Court of Justice (ICJ)
Est. 1946 - organ of the UN
15 judges elected by the UN
cases involve disputes between states
The ICJ hears two types of cases:
Contentious issues between states - the court produces binding rulings to states that have agreed to be bound by the rulings of the court
Advisory Opinions - the court provides reasoned, but non binding rulings
Theme and Challenge Time
Theme:the effectiveness of legal and non-legal responses in promoting and maintaining world order
The ICJ has limitations due to the losing party’s unwillingness to abide by the court’s rulings
The UNSC can also be reluctant to enforce the rulings