Search results for "Security Council"
showing 10 items of 23 documents
Grandes expectativas y una oportunidad perdida. El Tribunal Especial para el Líbano y los objetivos del Consejo de Seguridad
2021
Entre los diversos tribunales penales internacionales ad hoc que se han creado desde finales del siglo XX, el Tribunal Especial para el Líbano destaca por su particularidad, tanto a nivel jurisdiccional como por su contribución al tratamiento de las víctimas. La labor del Tribunal Especial para el Líbano comenzó en 2009, dictando su primera sentencia de instancia el 18 de agosto de 2020. Mediante su constitución, el Consejo de Seguridad de Naciones Unidas apostó por no abandonar el camino iniciado en 1993 con la creación de los tribunales de Yugoslavia y Ruanda; sin embargo, el resultado no ha sido el esperado. Este trabajo pretende analizar las peculiaridades del Tribunal y su trabajo, rea…
I diritti umani come tema conflittuale nel Consiglio di Sicurezza delle Nazioni Unite
2019
With the end of the Cold War and the expansion of the international liberal order, human rights have entered the UN Security Council agenda. However, this has become a divisive issue. In a context of greater influence of the US and its Western allies over the decision-making process of the most important multilateral institutions, the UN above all, the interpretation allowing intrusive practices by the Security Council promoted by the Western permanent members has clashed with the defense of sovereignty promoted by Russia and China. Analyzing divisive resolutions with reference to human rights in the period 2001-2017 (Lebanon, Myanmar, Zimbabwe, Libya and Syria) and the only thematic meetin…
NEITHER AUTHORIZED NOR PROHIBITED? SECESSION AND INTERNATIONAL LAW AFTER KOSOVO, SOUTH OSSETIA AND ABKHAZIA
2008
The flexibility mechanisms introduced by the Kyoto Protocol on climate change promote the realization of climate change related investment projects which aim to contribute both to the fight against climate change as well as to foster sustainable development patterns in host countries. At first glance, the flexibility mechanisms seem to represent paradigmatic examples of green economy instruments which have numerous potential benefits. However, the implementation of such mechanisms may give rise to some negative environmental externalities which have the consequence of creating a new type of investment versus environment conflict, characterized by a new form of conflict with an internal envi…
Impact of the refugee crisis in the EU CSDP. Reference to the Spanish contribution
2015
For the last three years the EU has been facing a refugee crisis which adds on to the flux of immigrants heading to Europe. The absence of safe and legal routes results in both immigrants and refugees having to recur to traffic mafias in order to cross the Mediterranean (through two main routes, the central one from Libya and the eastern one from Turkey), which ends up turning into a pit for thousands of deaths. The EU has launched a dispositive to fight against this situation, specifically in the route that stems from Libya, the operation EUNAVFOR MED. However, its features raise a series of problems which the Security Council’s Resolution 2240 (2015) has yet to resolve.
The United Nations and the European Union
2019
The European Union (EU) and the United Nations (UN) are expressions of a rules-based global order. The EU has enshrined support to the UN in its security strategies, and its priorities indicate an engagement in a wide range of UN programs and activities to maintain the rules-based order and adapt it to face internal and external challenges. The EU and its member states are the largest contributors to the UN budget. Following the adoption of the Lisbon treaty, the EU has increased its representation at the UN, gaining enhanced observer status in the General Assembly. However, because of the intergovernmental nature of the forum, only its member states have the right to vote. This has led sch…
The European Courts and the Security Council: Between Dédoublement Fonctionnel and Balancing of Values: a Rejoinder to Grainne de Burca, André Nollka…
2009
* Professor of International Law, University of Naples ‘ Federico II ’ . Email: padesena@tin.it ; Associate Professor of International Law, University of Palermo. Email: chiara.vitucci@unipa.it 1 Nollkaemper, ‘ The European Courts and the Security Council: Between Dedoublement Fonctionnel and Balancing of Values: A Reply to De Sena and Vitucci ’ , 20 EJIL (2009) 862. Andre Nollkaemper, Grainne de Burca and Iris Canor have made a number of critical observations which are – in part at least – interesting and useful. A full examination of them would probably demand more time and more space than we have been given here. Nevertheless, we will try to reply to some of their remarks and to clear up…
Do terrorism, organized crime (drug production), and state weakness affect contemporary armed conflicts? An empirical analysis
2015
ABSTRACTIn 2014, the UN Security Council emphasized the dangers of terrorism, criminal activity (especially drug production and trafficking), and state weakness in conflict areas. However, neither policy debates nor scholarly analyses have focussed on the potential impact of these elements on conflict dynamics and characteristics, and the investigated partial relationships have led to inconclusive results. This article explores the presence in armed conflicts of terrorist groups among fighting parties, major drug production (indicating the presence of activities typical of criminal organizations), and state failure in the period 1990–2011. Focussing on intrastate conflicts, this article hig…
El crimen de agresión : ¿es posible su persecución judicial internacional?
2021
The paper analyses the crime of aggression, in particular the recent activation of the jurisdiction of the International Criminal Court over it and the main obstacles to its effective prosecution, taking into consideration the low number of States Parties that have ratified the Amendments that regulate it
How women are imagined through conceptual metaphors in United Nations Security Council Resolutions on women, peace and security
2017
United Nations Security Council Resolution 1325 is a landmark pronouncement on the Women, Peace and Security Agenda. Not only does this resolution highlight the important role of the involvement of women in peace processes, but it also stresses the importance of their equal participation in all efforts for the maintenance and promotion of peace. Furthermore, it also triggers the approval of some other resolutions, which are all further elaborations on that first document. The aim of this paper is to analyse, from a cognitive linguistic perspective, the way in which women are actually narrated in these pronouncements by means of the two conceptual metaphors that are most often repeated: WOME…
La retirada de Estados Unidos del Plan de Acción Integral Conjunto y la reimposición de sanciones a Irán: aspectos jurídicos y políticos
2019
This paper examines some issues raised by the United States withdrawal from the Joint Comprehensive Plan of Action (JCPOA) related to Iran’s nuclear program. The JCPOA is a nonbinding document, there has been some debate about the effect of the subsequent U.N. Security Council resolution endorsing the document on its legal status and on the US faculty of unilaterally withdrawing from the plan of action. Iran brought a case before the International Court of Justice questioning the legality of the reintroduction of U.S sanctions, the Court could eventually address the issue in later phases. This paper concludes that U.S withdrawal is legal from an international law perspective. Security Counc…