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The Militarisation of Peacekeeping in the Twenty-First Century: Studies in International Law

Autor James Sloan
en Limba Engleză Hardback – 31 oct 2011
Since the end of the last century, UN peacekeeping has undergone a fundamental and largely unexamined change. Peacekeeping operations, long expected to use force only in self-defence and to act impartially, are now increasingly relied upon by the Security Council as a means to maintain and restore security within a country. The operations are established under Chapter VII of the UN Charter and some are empowered to use 'all necessary measures', language traditionally reserved for enforcement operations. Through a close examination of these twenty-first century peacekeeping operations - including operations in Sierra Leone, the Democratic Republic of the Congo, Liberia, Côte d'Ivoire, Haiti and the Darfur region of the Sudan - the book shows that they are, for the most part, fundamentally ill-suited to the enforcement-type tasks being asked of them. The operations, which are under-funded, under-equipped and whose troops are under-trained, frequently lurch from crisis to crisis. There is scant evidence, some 10 years on, that matters are likely to improve. The book argues that bestowing enforcement-type functions on a peacekeeping operation is misconceived. Such operations are likely to be unsuccessful in their enforcement-type tasks, thereby causing serious damage to the excellent reputation of UN peacekeeping, and the UN more broadly. In addition, because such operations are more likely to be perceived as partial, their ability to carry out traditional (non-forceful) peacekeeping tasks may be impeded. Finally, the Security Council's practice of charging peacekeeping operations with enforcement functions lessens the pressure on the Council to work to establish genuine enforcement operations - ie, operations that are considerably better suited to restoring peace and security.'.Dr Sloan is able to show, in knowledgeable detail, not only what has changed over the years, but also what has brought these changes about. His analysis leads him to offer not only well-informed insights, but critical observations, too...This book is a pleasing combination of detailed scrutiny of topics already familiar (provisional measures, consent, so-called 'Chapter VI½' action, implied powers) and a rigorous questioning as to their place in - or indeed, relevance at all to - militarised peacekeeping. The reader will find much new terrain traversed, and plenty of out-of-the-box thinking.'From the foreword by Dame Rosalyn Higgins
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Specificații

ISBN-13: 9781849461146
ISBN-10: 1849461147
Pagini: 336
Dimensiuni: 156 x 234 x 22 mm
Greutate: 0.52 kg
Ediția:New.
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Studies in International Law

Locul publicării:London, United Kingdom

Caracteristici

A close examination and analysis of the peace-keeping operations in a variety of countries.The author argues that, for the most part, the operations in place are fundamentally ill-suited to the enforcement-type tasks being asked of them. This book fills a gap in the existing literature by considering the issue of the blurring of the lines between peacekeeping and enforcement.Will be of interest to scholars of both peacekeeping and the law of the use of force.

Notă biografică

James Sloan is a Lecturer in International Law at the University of Glasgow, School of Law.

Cuprins

1 Introduction 1. The Changed Nature of Peacekeeping 2. Militarised Peacekeeping: Slouching Towards Crisis 3. Structure of the Book 4. The Definition of Peacekeeping 2 Peacekeeping: The Opposite of Enforcement? 1. Introduction 2. The Changed Nature of Peacekeeping 3. The Changed Nature of Enforcement 4. The Changed Nature of Peace-Enforcement 5. Conclusion3 The Peacekeeping Powers of the Security Council and the Limitations Thereupon1. Introduction2. Purposes and Principles of the UN3. Security Council Powers 4. Implied Security Council Powers 5. Overall Conclusions on the Security Council's Legal Powers/Constraints 4 When Peacekeeping and Enforcement Overlap: Twentieth Century Practice 1. Introduction 2. UNEF I (November 1956-June 1967) 3. ONUC (July 1960-June 1964) 4. Missions in the Mid-1990s 5. Conclusions 5 When Peacekeeping and Enforcement Overlap: Twenty-First Century Practice - The Early Operations 1. Introduction 2. Sierra Leone (October 1999-December 2005) 3. East Timor (October 1999-May 2002 and May 2002-May 2005) 4. Democratic Republic of the Congo (November 1999-30 June 2010 and July 1 2010-Present) 6 When Peacekeeping and Enforcement Overlap: Twenty-First Century Practice - The Later Operations 1. Introduction 2. Liberia (September 2003-present) 3. Côte D'Ivoire (April 2004-Present) 4. Haiti (April 2004-Present) 5. Burundi (June 2004-December 2006) 6. Sudan (March 2005-Present) 7. Central African Republic and Chad (September 2007-December 2010) 7 Conclusions 1. Introduction 2. Overview of the Problems 3. Legal Conclusions 4. Final Remarks: The Way Forward Index

Descriere

UN peacekeeping operations, long expected to use force only in self-defence and to act impartially, are now being relied upon as a means to maintain and restore security. Through a close examination of 21st century peacekeeping operations the book shows that they are fundamentally ill-suited to the enforcement-type tasks being asked of them.