bluuebunny/crossref_metadata_2025_split huggingface dataset:
Re-Focusing on Protecting Civilians' Basic Safety and Why We Need to Know Why People Kill: On the Latest Reports of the Secretary-General on the Protection of Civilians in Armed Conflict
Authors: Schmid Evelyne 
Published: July 2010

AbstractThe concept of protection of civilians in armed conflict and the respective roles of peace operations and other actors have not been conclusively defined. This article considers the Secretary General's latest reports on protection, in particular the two most recent ones (29 May 2009 and 28 October 2007). The author argues that the understanding of effective protection strategies should be informed by a diagnosis of the warring parties' motivations to use deliberate violence against civilians. Analyzing why humanitarian law, human rights law and refugee law are disregarded in many confl icts can help to improve protection strategies. An analysis of the warring parties' motivations may also caution against the belief that there is a system out there that can always protect people in ongoing conflict if only humanitarian actors would improve their modus operandi. Consequently, this article suggests that the notion of protection should remain in close touch with the idea of immediate basic safety. The author recommends that the SecretaryGeneral should insist in future statements and reports that a sound approach to protection requires a diagnosis of why fighting parties choose to attack and threaten civilians. If the diagnosis shows that the armed parties have incentives to disregard basic legal norms and morals; the SC needs to demonstrate real political will to give the concept of protection the meaning it has in conventional language or in the alternative, honestly avoid using it.
Where are the 'Good Samaritans'? Assessing Cross-National Support for Peacekeeping Operations
Authors: Lyon Alynna , Malone Mary Fran 
Published: July 2010

AbstractWhat leads a country's population to support or oppose peacekeeping operations? Are there cross-national diff erences in public support for peacekeeping? In this paper, we aim to answer these questions by examining public attitudes towards peacekeeping operations in the United States and ten European nations (France, Germany, Italy, the Netherlands, Portugal, Spain, the United Kingdom, Poland, Slovakia, and Turkey). is paper also assesses several explanations for cross-national variations in support for these missions. More specifi cally, we aim to determine whether theories of risk assessment, elite cues, and policy objectives can explain public support for peacekeeping cross-nationally.
If Only There Were a Blueprint! Factors for Success and Failure of UN Peace-Building Operations
Authors: van der Lijn Jaïr 
Published: July 2010

AbstractIn spite of the fact that UN peacekeeping operations are a relative new field for scholarly research, the literature on the subject has grown into a substantial body. This article distils from this body of scholarly literature eleven clusters of factors for success and failure for UN peacekeeping operations in general and tests these on four case studies – Cambodia, Mozambique, Rwanda and El Salvador – of one particular type of UN peacekeeping operation: the UN peace-building operations. It concludes that although the results of the four cases of UN peace-building operations largely confirm the factors for success and failure as found in literature for UN peacekeeping operations in general, theory on UN peace-building operations still needs adjustment and fine tuning. Amongst others, it appears from the cases that two factors that receive a lot of attention in literature – the non-use of force by the operation and the need for a clear and detailed mandate – are less important.
The Conflictual Promises of the United Nations' Rule of Law Agenda: Challenges for Post-Conflict Societies
Authors: Vig Stéphanie 
Published: July 2010

AbstractThe role of UN missions in post-conflict societies has progressed through peace-keeping and peace-making to a more recent emphasis on peace-building. To accompany this new focus, the UN has articulated a rule of law agenda, two central components of which are promoting international norms and standards and facilitating national ownership. This paper explores the self-sanctioned role the UN has awarded itself in promoting the rule of law in post-conflict societies by exploring each one of these two central components and their interaction.Meritorious in their own right, the potential of these two components of the rule of law agenda may position the UN in situations where both cannot be satisfied contemporaneously. In implementing its rule of law agenda, the United Nations will likely come to face the prospect of a local authority seeking to differ from international norms and standards. In such circumstances, the UN's rule of law agenda makes conflictual promises. The choices and prioritization that the UN will be called upon to make in such circumstances will reveal much about how it conceptualizes its role in promoting the rule of law in post-conflict societies. This paper seeks to delineate the nature of the choices confronting the United Nations in pursuit of its rule of law agenda.
The Al-Jedda Case before the House of Lords
Authors: Sari Aurel 
Published: July 2010

AbstractThis comment examines the main implications of the Al-Jedda case decided by the House of Lords in December 2007. The case was brought by a dual Iraqi-British citizen detained at a British military detention facility in Iraq for imperative reasons of security. Mr Al-Jedda claimed that his detention violated his right to liberty and security of person recognised by Article 5 of the European Convention on Human Rights. The House of Lords found that the relevant Security Council resolution authorising British forces to operate in Iraq displaced Article 5 of the Convention to the extent that a conflict arose between the two instruments, and that his detention was consequently lawful.
The Immunity of the United Nations in Relation to the Genocide in Srebrenica in the Eyes of a Dutch District Court
Authors: Spijkers Otto 
Published: July 2010

AbstractThe Srebrenica genocide has come before three different courts in The Hague, the Netherlands. The International Court of Justice looked at the responsibility of the Republic of Serbia; the International Criminal Tribunal for the former Yugoslavia looked at the responsibility of certain individuals. No court has as yet dealt with the responsibility of the United Nations ('UN') itself. Ten relatives of victims of the genocide and a foundation called the Mothers of Srebrenica believed this to be a role for the judges of the District Court in The Hague. However, on 10 July 2008, the Dutch Court affirmed the UN's immunity and declared it had no jurisdiction to hear the action against it. This article discusses that judgment. It will look at the applicable immunity provisions, i.e. Article 105 of the UN Charter and the Convention on the Privileges and Immunities of the United Nations, their conceptual foundation (the doctrine of functional necessity), and the role of the Dutch Court in interpreting and applying these provisions. It will also look at a possible clash between respect for the absolute immunity of the UN and other legal obligations for the Netherlands, including those under the Genocide Convention, and the European Convention on Human Rights.
Cyclones and Humanitarian Crises: Pushing the Limits of R2P in Southeast Asia
Authors: Caballero-Anthony Mely , Chng Belinda 
Published: July 2010

AbstractThe devastating cyclone that hit Myanmar in May 2008 and the lack of immediate action on the part of the military junta to respond to the humanitarian crises triggered not only international dismay but renewed debates on the utility of the R2P. But given the lack of international consensus on the R2P on the one hand, and the urgency to act to provide humanitarian relief and protection on the other, this paper argues that it is about time that a R2P variant be explored—if indeed the ultimate objective of the R2P is the protection and promotion of human security. This paper therefore examines the idea of a R2P-Plus that is responsive to different kinds of human security threats, such as those caused by intentional state neglect in times of natural disasters, and sensitive to the political context in Asia. The notion of a R2P-Plus is aimed at finding convergence between the advocates of the strict interpretation of the R2P and those who argue for an R2P that is more attuned to the realities of Asia.
Myanmar, the Responsibility to Protect, and the Need for Practical Assistance
Authors: Haacke Jürgen 
Published: July 2010

AbstractThis paper is concerned with the invocation of the responsibility to protect (RtoP) in the face of the Myanmar authorities' problematic response to Cyclone Nargis. It is animated by four main questions: (1) What were the dynamics leading to calls for the application of the responsibility to protect? (2) In what ways did the invocation of the RtoP affect the provision of humanitarian assistance to cyclone survivors? (3) How has the international response to Cyclone Nargis compared to the way in which Western powers in particular have responded to Myanmar's armed ethnic conflict? (4) What implications and conclusions follow from the Myanmar case for putting RtoP into practice? The article argues that while the applicability of RtoP was much in doubt with respect to the aftermath of Cyclone Nargis, its principles nevertheless served as a rhetorical device for Western countries to influence both Naypyidaw and ASEAN as regards the practical need of facilitating humanitarian relief. Noting the available diplomatic support Myanmar enjoys in the UNSC, the paper suggests that the variation characterizing the international response to Myanmar's practices in the Ayeyawady delta and in the ethnic areas is also partly due to the different scale of fatalities and insufficient independent verification of claims regarding atrocity crimes. Generally, the Myanmar case has nevertheless accentuated the need for considering further what practical assistance regional and international actors can render to protect those that are or may become caught up in atrocities.
Assessing Polemics, Principles and Practices: China and the Responsibility to Protect
Authors: Teitt Sarah 
Published: July 2010

AbstractThis article offers an overview of subtle yet significant shifts in Beijing's stance on non-interference and evolving standards of responsible and responsive international engagement in humanitarian crises to highlight China's firm, but cautious, support for the responsibility to protect (R2P). Although it is reticent to apply sanctions and objects to nonconsensual force, China has clearly and consistently affirmed the R2P principle and issued corresponding statements in favor of bolstering the UN's capacity to avert mass atrocity. China's statements provide a basis for Beijing to play a constructive, if reserved, role in translating the responsibility to protect from principle to practice. This article argues that the path of most promise and least resistance for consolidating China's support for implementing the responsibility to protect is paved in practical engagement rather than polemics. It concludes with specific measures that may be taken for China to contribute to upholding the global pledge to protect populations from genocide, ethnic cleansing, war crimes and crimes against humanity.
China's Non-Intervention Question
Authors: Pang Zhongying 
Published: July 2010

AbstractWhile it continues to adhere to the rule of 'non-interference/non-intervention' in the internal affairs of other countries, in a rapidly changing world, a steadily rising China is exploring how it can play a more constructive role in relation to international engagement with major political and humanitarian crises. The transformation of China's role in relation to international intervention has been driven by the nation's growing integration into the global political economy. To date, however, China has still not become deeply involved in unilateral or multilateral coercive intervention, but has in recent times selectively participated in international efforts mandated by the UN Security Council and has also joined or organized many regional efforts. Facing big challenges, great pressures and many uncertainties, China has to balance its traditional commitment to 'non-interference' with its responsibilities as a great power.
A Bird in the Hand is Worth Two in the Bush – On the Assumed Legal Nature of the Responsibility to Protect
Authors: Strauss Ekkehard 
Published: July 2010

AbstractBased on the jurisprudence of the International Court of Justice that resolutions of the General Assembly can only create legal provisions in exceptional circumstances, the review of the negotiation history of the Summit Outcome Document and the recent practice of the General Assembly, the Security Council and the Human Rights Council related to the implementation of the agreement on the responsibility to protect leads to the conclusion that no new collective legal obligation has been created. Instead, the responsibility offers an opportunity to improve the implementation of existing legal obligations to protect populations from genocide, war crimes, crimes against humanity and ethnic cleansing. If used for the development of a continuum of civil and military action to prevent and halt only these exceptional crimes, the necessary practice and opinio juris might be created over time, to establish the responsibility to protect as a norm of international customary law.
Regionalising the Responsibility to Protect: Possibilities, Capabilities and Actualities
Authors: Haugevik Kristin 
Published: July 2010

AbstractThis article discusses what role regional organisations can and should play in ensuring implementation of the international Responsibility to Protect (R2P). What formal responsibility and which enabling capabilities do regional organisations have for assuming a role in protecting populations from mass atrocities? The article begins by discussing the formal role projected for regional organisations in the implementation of R2P, individually and vis-à-vis the UN, in the 2005 UN World Summit Outcome Document. The description of this role is then compared to the one depicted in the advisory 2001 report of the International Commission on Intervention and State Sovereignty (ICISS). The second part of the article offers an overview of relevant capabilities held by key regional organisations in Europe, Africa, the Americas, and Asia, capabilities that could enable them to take part in protection tasks prior to, during, or in the aftermath of mass atrocities. In the third part of the report, the capability aspect is seen in relation to the constitutive and constraining impact that individual member states' interests may have on the ability of regional organisations to act within the context of R2P.
Forced Migration, the Refugee Regime and the Responsibility to Protect
Authors: Martin Susan 
Published: July 2010

AbstractForced migration has many causes and takes many forms. People leave because of persecution, human rights violations, repression, conflict, natural and human-made disasters, and environmental hazards. Through most of the 20th century, international protection was focused—if at all—on persons who had crossed international borders in seek of refuge from war and persecution. This article asks if the responsibility to protect concept—applied heretofore to persons displaced by conflict and repression—could usefully provide a framework for determining who among the broader category of forced migrants should be of concern to the international community. It sets out criteria under which the refugee regime would appropriately be the mechanism through which the international community would respond to these new displacements. I argue that the UN High Commissioner for Refugees has evolved to protect persons whose own governments cannot or will not provide such protection. Other UN and international agencies, such as the International Organization for Migration, have a demonstrated capacity to provide assistance to persons displaced by natural disasters and environmental hazards, but only UNHCR has a history of providing protection to displaced populations.To the extent that States are unwilling to protect their own citizens who are displaced from these causes, the refugee regime would legitimately have a role to play in advocating for and, when possible, assisting and protecting these forced migrants.
Something Old, Something New, Something Borrowed … Something Blue? The Protection Potential of a Marriage of Concepts between R2P and IDP Protection
Authors: Mooney Erin 
Published: July 2010

AbstractRecent proposals pin hopes on the 'responsibility to protect' (R2P) as holding tremendous promise for the protection of internally displaced persons (IDPs). This essay examines the relationship between R2P and IDP protection and explores the protection potential – and possible limitations – of marrying these two concepts. It traces their shared normative underpinnings, the historical roots of which run deep, and considers the added value that R2P can bring. It then reviews how the central tenets of R2P borrowed and built upon the conceptual framework that was crafted and cultivated over the preceding decade to guide international efforts for the protection of IDPs. Finally, it considers how R2P holds a potential key to unlock and unblock some of the persistent obstacles to an effective UN response for securing protection for IDPs, at least in certain situations when prompt protective action is particularly critical. The conclusion is that R2P and IDP protection are a good match overall, considering not only their commonalities and thus natural compatibility, but also the important ways in which they differ and can complement one another to ensure a more comprehensive protection response.
Refugees, IDPs and the Responsibility to Protect (R2P): The Case of Darfur
Authors: Adelman Howard 
Published: July 2010

AbstractDuring the first decade of the twenty-first century, a campaign developed and succeeded in establishing a new doctrine in international affairs called the 'Responsibility to Protect' which had a prevention and a rehabilitation dimension but was mostly focused on the rights and responsibilities of states to intervene in the domestic affairs of other states when the latter failed to protect their citizens from mass atrocities. Movements grew up around the doctrine to publicise it, analyse it, and ensure its implementation. An example of the latter is W2I, the 'Will to Intervene' which, unlike R2P, did not require UN authorisation for intervention as part of its platform. A key test of the doctrine was Darfur. Yet the study of the case indicates no likelihood of intervention even under the Obama regime that was committed to doing something about Darfur and has put multilateralism at the forefront of its foreign policy. The report concludes by contrasting the huge discrepancy between the rhetorical success in the adoption of R2P as an international norm and the absence of practices consistent with that sweeping victory. The paper suggests that advances in international norms are best indicated, not by the endorsement of general principles, but by the development of actual practices on the ground.
Turning Words into Deeds? The Implementation of the 'Responsibility to Protect'
Authors: Welsh Jennifer 
Published: July 2010

AbstractThis article is part of a forum on the report of the United Nations Secretary-General, 'Implementing the Responsibility to Protect', which was released on 12 January 2009. The report was written as a response to 'one of the cardinal challenges of our time, as posed in paragraphs 138 and 139 of the 2005 World Summit Outcome: operationalizing the responsibility to protect'. The forum seeks to provide a range of perspectives on the report. It features contributions from Jennifer Welsh, Hugo Slim, David Chandler and Monica Serrano, and it concludes with a response from Special Advisor to the Secretary-General Edward Luck.
Values versus Power: Responsible Sovereignty as Struggle in Zimbabwe
Authors: Slim Hugo 
Published: July 2010

AbstractThis article is part of a forum on the report of the United Nations Secretary-General, 'Implementing the Responsibility to Protect', which was released on 12 January 2009. The report was written as a response to 'one of the cardinal challenges of our time, as posed in paragraphs 138 and 139 of the 2005 World Summit Outcome: operationalizing the responsibility to protect'. The forum seeks to provide a range of perspectives on the report. It features contributions from Jennifer Welsh, Hugo Slim, David Chandler and Monica Serrano, and it concludes with a response from Special Advisor to the Secretary-General Edward Luck.
Implementing the Responsibility to Protect: The Power of R2P Talk
Authors: Serrano Mónica 
Published: July 2010

AbstractThis article is part of a forum on the report of the United Nations Secretary-General, 'Implementing the Responsibility to Protect', which was released on 12 January 2009. The report was written as a response to 'one of the cardinal challenges of our time, as posed in paragraphs 138 and 139 of the 2005 World Summit Outcome: operationalizing the responsibility to protect'. The forum seeks to provide a range of perspectives on the report. It features contributions from Jennifer Welsh, Hugo Slim, David Chandler and Monica Serrano, and it concludes with a response from Special Advisor to the Secretary-General Edward Luck.
A Progressive Interpretation of the Environmental Liability Directive
Authors: Wenneras Pal 
Published: July 2010

AbstractThis article focuses on the interpretation of Directive 2004/35 on the prevention and remedying of environmental damage (Environmental Liability Directive). It singles out eight core issues which are likely to become the subject of future litigation before the European Court of Justice. These are the Directive's scope, exceptions and defences, failures to implement associated Directives, biodiversity damage, orphan damage, prevention, remediation, and enforcement. The analysis is informed by the judicial activism employed by the Court in recent years. The Court's approach has safeguarded the effectiveness of environmental directives, and their compatibility with general principles of EC environmental law. It is argued that the Court will apply a similar teleological approach as regards the Environmental Liability Directive, which should bring about a more stringent regime than its wording at first glance might suggest.
REACH Reviewed under WTO Law
Authors: Charro Pablo , Bronckers Marco 
Published: July 2010

AbstractThis contribution analyses the comprehensive chemicals legislation proposed by the EU Commission, "REACH", from the perspective of WTO law. First, it inquires whether the treatment of foreign substances and foreign articles in REACH can be reconciled with one of WTO's key requirements, i.e., non-discrimination. Second, it tests specific aspects of the registration obligation established by REACH (i.e., the "volumes-driven" approach, the follow-up to the registration process, the underlying foundations of REACH's cost-benefit analysis) against the proportionality rule embodied in the WTO's Agreement on Technical Barriers to Trade. Third, it asks whether the protection of confidential business information in REACH is compatible with the WTO rules on intellectual property protection (notably, the TRIPS Agreement). It results from the present analysis that REACH poses considerable challenges not only under EU law, but also under WTO law.