wk 7 UN - International Law International and the United...

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Unformatted text preview: International Law International and the United Nations What is International Law? What 1. 2. “A body of rules governing the mutual interaction of states & other agents in int. politics” (Bull 1977: 129) Conventional Law: laws made by states through multilateral conventions and protocols Customary Law: evolution of practices by states that become law over time The UN upholds conventional and The customary law The United Nations The Chapter 1, Article 1 of the Chapter UN Charter: “To maintain international peace and security… to take effective collective measures for the prevention and removal of threats to the peace, and for the suppression of acts of aggression or other breaches of the peace… in conformity with the principles of justice and international law…” Collective Security: ‘All for Collective one, one for all’ UN Security Council: P5, UN China, France, Russia, UK & US Operation of Collective Security, Operation 1946-1991 Intervention in Korea 1950 Intervention Subsumed under Cold War Subsumed • Use of veto • UN realm for power politics • Collective Sec ‘Stillborn’ Post Cold War Period Post 1991 Gulf War Embodying Collective Security UN and the War on Terror UN 2001 Sec Council Resolution 1368, Sec Sept 12, 2001 – response to terrorist attacks against US US invoked Article 51 of UN US charter to attack Afghanistan UNSC and Iraq 2003 UNSC US: Iraq aiding terrorists and had WMD – US: took matters to UN Sec Council sent weapons inspectors into Sec Iraq – resolution 1441 UNSC P5 divided (US, UK for, Fr, Rus, Ch UNSC against); Non-P Members Divided US for military action, backed by ‘Coalition of US Willing’ UNSC and Iraq cont. UNSC US argued security threatened by Iraq US (Article 51) Bush Doctrine of ‘pre-emptive strike’ Bush Legality of Iraq intervent. Resol. 687 – implicit Legality authority to disarm Iraq; resol 1441 confirms Iraq’s final opportunity… Sec Council designed for consent amongst Sec great powers UN failed because great powers failed UN collectively The UN today The Still needed as forum for debate over Still threats to the int system Increasing use of “Coalitions of the Increasing Willing” UN foremost in state building & UN reconstruction ...
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