This book examines one of the most important challenges facing the United Nations today: the effective and lawful use of force by or under the authority of the UN to maintain or restore peace. It makes a significant contribution to the content of the law pertaining to the use of force by the UN and provides guidance as to the likely future developments in the legal framework governing collective action to maintain peace under the auspices of the United Nations.

The role of the United Nations in collective security has been evolving since its inception in 1945. This book explores collective security as practiced within the legal framework provided by the United Nations Charter, with a particular focus upon activity undertaken under the auspices of the UN Security Council, the body conferred by the Charter with the primary responsibility for the maintenance of international peace and security. Although the book is primarily grounded in international law, where appropriate it also draws upon relevant political insights in order to present a clear picture of the UN collective security system in operation and the factors which impact upon the way in which it functions. Offering a comprehensive analysis it considers the full range of measures which can be utilised by the UN in the performance of its collective security remit including military enforcement action, peacekeeping, non-military sanctions and diplomacy. The book considers each of these measures in detail, assessing the legal framework applicable to the form of action, the main legal controversies which arise in respect of their appropriate utilisation, and the UN’s use of this collective security ‘tool’ in practice. The book draws conclusions about the main strengths and shortcomings of the various means through which the UN can attempt to prevent, minimise or end conflict.

Preventing humanitarian atrocities is becoming as important for the United Nations as dealing with inter-state war. In this book, Ramesh Thakur examines the transformation in UN operations, analysing its changing role and structure. He asks why, when and how force may be used and argues that the growing gulf between legality and legitimacy is evidence of an eroded sense of international community. He considers the tension between the US, with its capacity to use force and project power, and the UN, as the centre of the international law enforcement system. He asserts the central importance of the rule of law and of a rules-based order focused on the UN as the foundation of a civilised system of international relations. This book will be of interest to students of the UN and international organisations in politics, law and international relations departments, as well as policymakers in the UN and other NGOs.

In 2004, the Report of the Secretary-General's High-Level Panel on Threats, Challenges and Change emphasised the linkages between economic development, security and human rights, and the imperative in the twenty-first century of collective action and cooperation between States. In a world deeply divided by differences of power, wealth, culture and ideology, central questions today in international law and organisation are whether reaffirmation of the concept of collective security and a workable consensus on the means of its realisation are possible. In addressing these questions, this book considers the three key documents in the recent UN reform process: the High-Level Panel report, the Secretary-General's In Larger Freedom report and the 2005 World Summit Outcome document. The chapters examine the responsibilities, commitments, strategies and institutions necessary for collective security to function both in practice and as a normative ideal in international law and relations between state and non-state actors alike.

This book examines the development of collective security by regional organisations particularly after the Cold War. It analyses the various constitutional developments that have occurred within regional arrangements such as ECOWAS, African Union, SADC, OAS, and NATO and critically analyses how these developments have propelled regional organisations to depart from the normative framework of regional arrangement contained in Chapter VIII of the UN Charter. Through a comprehensive examination of practice, the book evaluates the impact of regional organisations' newly asserted powers to authorise enforcement action and determine when situations within member states warrant their intervention. It inquires into the legal justifications for these developments both from within the UN Charter and regional treaties and practice and asks whether consensual intervention, that is the use of force by regional organisations on the basis of their members' consent, contravenes or constitutes an exception to the prohibition of the use or threat of force under Article 2(4) of the Charter. The book also analyses the regime of complementarity between the UN and regional organisations.

SCOTT (Copy 1): From the John Holmes Library Collection.