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International Law and Institutions - Essay Example

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The paper "International Law and Institutions" describes that the UN can be no more effective than the political will of its member states – particularly the permanent members to the Security Council with their right of veto - to mobilize, equip and fund it…
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International Law and Institutions
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Extract of sample "International Law and Institutions"

Download file to see previous pages The Security Council has primary responsibility for the maintenance of international peace and security. Since the 1990s not only has the Security Council agreed to authorize humanitarian intervention, there have also been interventions without authorization from the Security Council such as the intervention in Northern Iraq, Somalia, Bosnia, Rwanda, Haiti, Yugoslavia/Kosovo and East Timor. These latter interventions have arisen as a result of a perception of the Security Council’s failure to act or ineffective action where there has been concern about the severe deprivation of human rights.
For example, the failure of the UN to broker political peace in Somalia led to the US Operation Restore Hope in 1992, which for the first time in American history, saw American troops committed to a military operation for a cause completely unrelated to protecting their national interest. The operation’s goal was to open supply routes for food relief efforts and prepare the way for a UN peacekeeping force to preserve the security of these routes.
This in itself is contentious as it would appear that under the charter there is no right of either legal defense or collective humanitarian intervention without Security Council authorization under existing international law.
The international community is between a rock and a hard place as they seek to sustain sovereignty on the one hand, with the recognition that some states have no regard for the rule of international law, and undertake human right violations regardless.
The challenge, it seems, must be to leave open the option for humanitarian intervention in extreme cases of human suffering, where the reasons for action seem morally imperative and politically sound but the Security Council is unable to act, while at the same time to avoid jeopardising in a fundamental way the existing, hard-earned, international legal order, including the central role of the Security Council. ...Download file to see next pagesRead More
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