United Nations Peace Operations and Human Rights: Normativity and Compliance: Legal Aspects of International Organizations, cartea 60
Autor Sylvia Mausen Limba Engleză Hardback – 5 aug 2020
Going further than purely legal studies on the subject, Maus makes use of international relations theory and addresses considerations of reputation and legitimacy as reasons for (non-)compliance with human rights by the UN. Based on this interdisciplinary approach, she convincingly proposes ways for enhancing human rights compliance in UN peace operations.
Din seria Legal Aspects of International Organizations
- 18%
Preț: 1268.21 lei - 18%
Preț: 1269.69 lei - 18%
Preț: 1267.51 lei - 18%
Preț: 1274.11 lei - 18%
Preț: 1573.36 lei - 18%
Preț: 897.78 lei - 18%
Preț: 1050.44 lei - 18%
Preț: 1411.92 lei - 18%
Preț: 1050.36 lei - 18%
Preț: 703.14 lei - 18%
Preț: 1092.02 lei - 18%
Preț: 704.24 lei - 18%
Preț: 883.69 lei - 18%
Preț: 1120.28 lei - 18%
Preț: 1416.44 lei - 18%
Preț: 798.24 lei - 18%
Preț: 837.78 lei - 18%
Preț: 650.99 lei - 18%
Preț: 891.79 lei - 18%
Preț: 894.52 lei - 18%
Preț: 1120.09 lei - 18%
Preț: 846.79 lei - 18%
Preț: 878.01 lei - 18%
Preț: 684.57 lei - 18%
Preț: 859.26 lei - 18%
Preț: 832.88 lei
Preț: 907.04 lei
Preț vechi: 1106.14 lei
-18% Nou
Puncte Express: 1361
Preț estimativ în valută:
173.58€ • 180.19$ • 144.74£
173.58€ • 180.19$ • 144.74£
Carte indisponibilă temporar
Doresc să fiu notificat când acest titlu va fi disponibil:
Se trimite...
Preluare comenzi: 021 569.72.76
Specificații
ISBN-13: 9789004409644
ISBN-10: 9004409645
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Legal Aspects of International Organizations
ISBN-10: 9004409645
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Legal Aspects of International Organizations
Cuprins
Acknowledgements
List of Illustrations
List of Abbreviations
Introduction
1 Human Rights in UN Peace Operations: the Institutional Perspective
I United Nations Peace Operations
1Definition, Legal Basis and Status
2A (short) History of Peace Operations
3Peacekeeping – Peacebuilding – Peace Enforcement
4Relevant Actors Relating to Human Rights in Peacekeeping Operations
II The Relationship between Human Rights and Peace
1The Point of Departure: Human Rights and Peace as Two Distinct Fields
2An Ever-Closer Union: Growing Interrelatedness between Human Rights and Peace
III Human Rights in UN Peacekeeping Operations
1Security Council: Strategic Framework for Human Rights in Peacekeeping Operations
2Human Rights in Secretary-General Reports on Peace Operations: Doctrine
3Department of Peace Operations: Operationalisation and Management
4Office of the High Commissioner of Human Rights: Implementation in the Field
5Critical Evaluation: Framework, Doctrine, Implementation
2 Human Rights Obligations of UN Peace Operations: the Legal Framework
I Obligations under General International Law
1The UN as a Bearer of Rights and Duties under International Law
2Obligations Arising from International Human Rights Treaties
3Obligations Arising from Customary International Law
4Obligations Arising from General Principles of Law
5Result
II The Charter as Constituent Treaty of the UN
1Programmatic Values or Binding Obligations?
2The Purpose of Promoting Human Rights
3Interpretation of the Charter by Way of Subsequent Practice
4Result
III Obligations Arising from Unilateral Acts by the UN
1Internal Law
2Unilateral Declarations
3Result
IV Stumbling Blocs: the “special status” of the Security Council
1The Security Council as a Political Organ: Legibus Solutus?
2Limitations under Article 103 UN Charter
3Derogation from International Law When Acting under Chapter vii
4Result
V Obligations of Peace Operations
1Human Rights Obligations in Mandates
2Extraterritorial Application of Human Rights Treaties
3Human Rights Obligations Derived from Peace Agreements
4The Role of Human Rights Obligations of the Host State
5Self-Commitment by the Peace Operation
VI Findings
3 Consequences of Human Rights Violations in Peace Operations
I Responsibility for Human Rights Violations
1Attribution of Conduct
2Circumstances Precluding Wrongfulness
3Legal Consequences of an Internationally Wrongful Act: Responsibility
4Invocation of Responsibility
II Accountability for Violations of International Human Rights Law
1Internal Mechanisms
2Litigation
III No Responsibility, Little Accountability
4 Human Rights in UN Peace Operations Practice
I Human Rights in the United Nations Mission in Kosovo
1About the Mission
2unmik Human Rights Mandate and Structures
3Potential Human Rights Violations
4Reactions and (lack of) Consequences
5Results
II Human Rights in the United Nations Transitional Administration in East Timor
1About the Mission
2untaet Human Rights Mandate and Structure
3Potential Human Rights Violations
4Reactions and Consequences
5Results
III Human Rights in the United Nations Stabilization Mission in Haiti
1About the Mission
2minustah Human Rights Mandate and Structure
3Potential Human Rights Violations
4Reactions and Consequences
5Results
IV The Three Gaps
1The Protection Gap
2The Accountability Gap
3The Remedy Gap
5 Considerations beyond Lex Lata
I The Meaning of Compliance
II Explaining (non-)Compliance
1Enforcement Theories
1Liberal Theories
1Constructivist Theories
1The Particular Case of Human Rights Compliance
III UN Compliance
1Reputation as a Factor of IO Compliance
2Member States’ Interest in Compliance during and after Peace Operations
3The UN’s Reputation in the Context of Peace Operations
4Assessing the Reputational Impact of Human Rights Violations in Peace Operations
IV A Case for Discourse
Findings and Conclusions
I Findings
1The Institutional Framework
2The Legal Framework
3Responsibility and Accountability
4Practice: the Protection Gap, the Accountability Gap, and the Remedy Gap
5Explaining (non-)Compliance
II Conclusions and the Way Ahead
1Norm Clarification through Mandates Issued by the Security Council
2A Peacekeeping Bill of Rights 355
3Secretariat Policy Documents
4Courts and Quasi-Juridical Bodies
5Non-State Actors and the Academic Community
Bibliography
Documents
Decisions of International Courts and Tribunals
Index
List of Illustrations
List of Abbreviations
Introduction
1 Human Rights in UN Peace Operations: the Institutional Perspective
I United Nations Peace Operations
1Definition, Legal Basis and Status
2A (short) History of Peace Operations
3Peacekeeping – Peacebuilding – Peace Enforcement
4Relevant Actors Relating to Human Rights in Peacekeeping Operations
II The Relationship between Human Rights and Peace
1The Point of Departure: Human Rights and Peace as Two Distinct Fields
2An Ever-Closer Union: Growing Interrelatedness between Human Rights and Peace
III Human Rights in UN Peacekeeping Operations
1Security Council: Strategic Framework for Human Rights in Peacekeeping Operations
2Human Rights in Secretary-General Reports on Peace Operations: Doctrine
3Department of Peace Operations: Operationalisation and Management
4Office of the High Commissioner of Human Rights: Implementation in the Field
5Critical Evaluation: Framework, Doctrine, Implementation
2 Human Rights Obligations of UN Peace Operations: the Legal Framework
I Obligations under General International Law
1The UN as a Bearer of Rights and Duties under International Law
2Obligations Arising from International Human Rights Treaties
3Obligations Arising from Customary International Law
4Obligations Arising from General Principles of Law
5Result
II The Charter as Constituent Treaty of the UN
1Programmatic Values or Binding Obligations?
2The Purpose of Promoting Human Rights
3Interpretation of the Charter by Way of Subsequent Practice
4Result
III Obligations Arising from Unilateral Acts by the UN
1Internal Law
2Unilateral Declarations
3Result
IV Stumbling Blocs: the “special status” of the Security Council
1The Security Council as a Political Organ: Legibus Solutus?
2Limitations under Article 103 UN Charter
3Derogation from International Law When Acting under Chapter vii
4Result
V Obligations of Peace Operations
1Human Rights Obligations in Mandates
2Extraterritorial Application of Human Rights Treaties
3Human Rights Obligations Derived from Peace Agreements
4The Role of Human Rights Obligations of the Host State
5Self-Commitment by the Peace Operation
VI Findings
3 Consequences of Human Rights Violations in Peace Operations
I Responsibility for Human Rights Violations
1Attribution of Conduct
2Circumstances Precluding Wrongfulness
3Legal Consequences of an Internationally Wrongful Act: Responsibility
4Invocation of Responsibility
II Accountability for Violations of International Human Rights Law
1Internal Mechanisms
2Litigation
III No Responsibility, Little Accountability
4 Human Rights in UN Peace Operations Practice
I Human Rights in the United Nations Mission in Kosovo
1About the Mission
2unmik Human Rights Mandate and Structures
3Potential Human Rights Violations
4Reactions and (lack of) Consequences
5Results
II Human Rights in the United Nations Transitional Administration in East Timor
1About the Mission
2untaet Human Rights Mandate and Structure
3Potential Human Rights Violations
4Reactions and Consequences
5Results
III Human Rights in the United Nations Stabilization Mission in Haiti
1About the Mission
2minustah Human Rights Mandate and Structure
3Potential Human Rights Violations
4Reactions and Consequences
5Results
IV The Three Gaps
1The Protection Gap
2The Accountability Gap
3The Remedy Gap
5 Considerations beyond Lex Lata
I The Meaning of Compliance
II Explaining (non-)Compliance
1Enforcement Theories
1Liberal Theories
1Constructivist Theories
1The Particular Case of Human Rights Compliance
III UN Compliance
1Reputation as a Factor of IO Compliance
2Member States’ Interest in Compliance during and after Peace Operations
3The UN’s Reputation in the Context of Peace Operations
4Assessing the Reputational Impact of Human Rights Violations in Peace Operations
IV A Case for Discourse
Findings and Conclusions
I Findings
1The Institutional Framework
2The Legal Framework
3Responsibility and Accountability
4Practice: the Protection Gap, the Accountability Gap, and the Remedy Gap
5Explaining (non-)Compliance
II Conclusions and the Way Ahead
1Norm Clarification through Mandates Issued by the Security Council
2A Peacekeeping Bill of Rights 355
3Secretariat Policy Documents
4Courts and Quasi-Juridical Bodies
5Non-State Actors and the Academic Community
Bibliography
Documents
Decisions of International Courts and Tribunals
Index
Notă biografică
Sylvia Maus, Dr. jur. (2018), Technische Universität Dresden, is a post-doctoral researcher and scientific coordinator at the UNESCO Chair in International Relations. She has published several articles and book chapters on UN peace operations, human rights, sustainable development and culture, and compliance with international law.