Since the first peacekeeping operation was deployed some sixty years ago, peacekeeping has developed to become one of the most important areas of UN responsibility. The rapid growth of UN peacekeeping has meant that this development has often happened in an ad hoc and relatively unguided manner. As a result mistakes and failures have occurred.
Although breaches to the torture ban could suggest the uselessness of international human rights law when national interests and politics are involved, it has an undeniable role in the development of legal condemnation against torture
The principle of distinction and discrimination of combatants and non-combatants is the cornerstone of international humanitarian law. Humanitarian and human rights law build on two very distinct perspectives of protection of civilians during armed conflicts; and therefore, present two independent legal regimes, which were not necessarily designed to coexist.
The atmosphere, forests and other forms of ‘natural capital’ come under the concept of the commons and increasingly these are being ‘managed’, through enclosure, carbon markets and other economic methods. This stance is, in many ways, at fault for the ecological issues faced today.
It can be said that the expectations at COP15 were not so high that they were unattainable. However, domestic pressures in key countries, procedural difficulties, insufficient pre-cooking and the “ClimateGate” scandal certainly played a role in why a comprehensive agreement was not reached.
A narrow application of Article 51 would allow keeping control on unilateral use of force, at least given the awareness by states of the political costs of unlawful actions. Widening the scope of self-defence could bring the erosion of the basic purpose of the UN Charter regime, i.e. the ban of military force in inter-state relations and the promotion of peace.
Rather than acting as a collective security system, the UN Security Council mostly remained divided throughout the Cold War and efficient UN action was often hindered by superpower conflict. Yet, undoubtedly the Cold War world was better off with the UN than without it.
The Kosovo intervention was the first in history to be justified solely on the basis of human rights breaches by a sovereign state within its territory, which were judged to present threat to international order. The bottom line remains that Belgrade’s sovereignty over Kosovo was first breached and then completely removed by the international community.
In the “Changing Structure of International Law” Friedmann begins by considering the main changes that have taken place in international law: its vertical extension to new fields such as economic collaboration and welfare, its horizontal expansion to take in all the civilizations and cultures of the world as well as the influence of various ideologies.
The weakening of the prohibition on the use of force since 9/11 has been essentially due to other Articles in the UN Charter which act as loop holes. The USA and its allies have undermined Article 2.4 in the Charter by using Article 51, whereas no punishment (except perhaps the general disapproval of the international society) has been issued.
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