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United Nations Reform and the New Collective Security

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 (ISBN-13: 9780521515436)

United Nations Reform and the New Collective Security
Cambridge University Press
9780521515436 - United Nations Reform and the New Collective Security - By Peter G. Danchin and Horst Fischer
Frontmatter/Prelims

United Nations Reform and the New Collective Security

The 2004 Report of the Secretary-General’s High-Level Panel on Threats, Challenges and Change emphasized the links between economic development, security and human rights, and the imperative of collective action and cooperation between states. In a world divided by differences of power, wealth, culture and ideology, a central question in international law and organization is whether reaffirmation of the concept of collective security and a workable consensus on the means of its realization 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.

Peter G. Danchin is an Associate Professor of Law at the University of Maryland School of Law, where his academic areas of interest are international law, international legal theory and human rights.

Horst Fischer is Professor of International Humanitarian Law at Leiden University, the Netherlands, Academic Director of the Institute for International Law of Peace and Armed Conflict at the Ruhr University Bochum, Germany, and Adjunct Professor at Columbia University’s School of International and Public Affairs in New York.


United Nations Reform and the New Collective Security

Peter G. Danchin and Horst Fischer


CAMBRIDGE UNIVERSITY PRESS
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Cambridge University Press
The Edinburgh Building, Cambridge CB2 8RU, UK

Published in the United States of America by Cambridge University Press, New York

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Information on this title: www.cambridge.org/9780521515436

© Cambridge University Press 2010

This publication is in copyright. Subject to statutory exception and to the provisions of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press.

First published 2010

Printed in the United Kingdom at the University Press, Cambridge

A catalogue record for this publication is available from the British Library

ISBN 978-0-521-51543-6 Hardback

Cambridge University Press has no responsibility for the persistence or accuracy of URLs for external or third-party Internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate.


Contents

List of contributors
vii
Series editors’ preface
xiii
Preface
xv
List of abbreviations
xvii
Introduction: the new collective security
Peter G. Danchin and Horst Fischer
1
Part I    Law and politics in United Nations reform
33
1         Things fall apart: the concept of collective security in international law
Peter G. Danchin
35
2         Reflections on the politics of institutional reform
Jan Klabbers
76
3         Great Powers then and now: Security Council reform and responses to threats to peace and security
Lauri Mälksoo
94
Part II   Defining “threats” to collective security
115
4         Assessing the High-Level Panel Report: rethinking the causes and consequences of threats to collective security
Maxwell O. Chibundu
117
5         Collective security and the responsibility to protect
George Andreopoulos
155
6         Responses to nonmilitary threats: environment, disease, and technology
Joachim Wolf
173
Part III  Prevention and responses
193
7         On the far side of conflict: the UN Peacebuilding Commission as optical illusion
Dirk Salomons
195
8         The new peacebuilding architecture: an institutional innovation of the United Nations
Ejeviome Eloho Otobo
212
9         The World Summit process and UN sanctions reform: between rhetoric and force
Jeremy Farrall
235
10        The UN response to the evolving threat of global terrorism: institutional reform, rivalry, or renewal?
Eric Rosand
250
11        International justice and collective security: between pragmatism and principle
Carmen Márquez Carrasco
282
Part IV   Perspectives on the ground
311
12        Developing security in the eastern Democratic Republic of the Congo: MONUC as a practical example of (failing) collective security
Dennis Dijkzeul
313
13        Indirect power: a critical look at civil society in the new Human Rights Council
Elizabeth Salmón
343
14        Collective security: a village-eye view
J. Paul Martin and Benedicto Q. Sánchez
365
Bibliography
394
Index
422

Contributors

George Andreopoulos is Professor of Political Science at the John Jay College of Criminal Justice and a member of the doctoral faculty at the Graduate School and University Center, CUNY. Professor Andreopoulos studied history, law, and international relations at the Universities of Chicago and Cambridge. Before coming to CUNY, he taught for several years at Yale University, where he was the founding Associate Director of the Orville Schell Center for International Human Rights. He has written extensively on international security, international human rights, and international humanitarian law issues. His recent publications include Non-State Actors in the Human Rights Universe (with Zehra Arat and Peter Juviler); Concepts and Strategies in International Human Rights (with Peter Lang); The Laws of War: Constraints on Warfare in the Western World (with Sir Michael Howard and Mark Shulman); and Human Rights Education for the Twenty-First Century (with Richard Pierre Claude). Professor Andreopoulos is currently completing a book on Humanitarian Intervention, serves on the Editorial Board of Human Rights Review, and is currently President of the Human Rights Section of the American Political Science Association.

Maxwell O. Chibundu is Professor of Law at the University of Maryland School of Law where he teaches courses on US civil procedure, international civil litigation, international business transactions, public international law, and jurisprudence. He has published articles on issues relating to public international law, law and development, human rights, affirmative action, the civil jury and statutory interpretation. His current research interests are on matters of procedure, comparative jurisprudence and the intersections of international human rights and power.

Peter G. Danchin is Associate Professor of Law at the University of Maryland School of Law where he chairs the International and Comparative Law Committee. He has a B.A. and LL.B. (first class honors) from the University of Melbourne and a LL.M. and J.S.D. from Columbia


Law School. From 2000 to 2006, he was lecturer and director of the human rights program at Columbia University’s School of International and Public Affairs. He teaches in the areas of international law, international human rights, and legal theory. This volume, co-edited with Horst Fischer, is the result of a visiting appointment in 2005 as an Erasmus Mundus Scholar at the Institute for International Law of Peace and Armed Conflict (IFHV) at the Ruhr University Bochum, Germany.

Dennis Dijkzeul is Junior Professor in the management of humanitarian crises at the Institute for International Law of Peace and Armed Conflict at the Ruhr University Bochum, Germany. He is also Adjunct Professor at the School of International and Public Affairs at Columbia University, New York, and regularly consults for international organizations in Africa, Central America, Europe, and the United States. His main interests concern the management of international organizations and the (non) participation of local population in humanitarian programs. His latest books are Supporting Local Health Care in a Chronic Crisis: Management and Financing Approaches in the Eastern Democratic Republic of the Congo (2005), Between Force and Mercy: Military Action and Humanitarian Aid (2004), and Rethinking International Organizations: Pathology and Promise (2003).

Jeremy Farrall is a Research Fellow working on the project Building Democracy and Justice after Conflict at the ANU Centre for International Governance and Justice. He joined the Centre in 2006 from the University of Tasmania Faculty of Law, where he was a Post-Doctoral Research Fellow. Jeremy has considerable practical experience in International Law, Human Rights, and UN affairs. He worked for the United Nations from 2001 to 2006, serving as a policy adviser for the UN Mission in Liberia (2004–2006), on the UN mediation team that facilitated peace talks in Cyprus (2004), and as a political officer for the UN Security Council at UNHQ (2001–2004). He has also worked for the Quaker United Nations Office. Jeremy’s research interests include UN sanctions, peacekeeping, peacebuilding, and the rule of law. He is the author of United Nations Sanctions and the Rule of Law (Cambridge University Press, 2007).

Horst Fischer is Professor of International Humanitarian Law at Leiden University in the Netherlands, Academic Director of the Institute for International Law of Peace and Armed Conflict (Institut


für Friedenssicherungsrecht und Humanitäres Völkerrecht/IFHV) at the Ruhr University Bochum, Germany, Adjunct Professor at Columbia University (SIPA), New York (2002–2006) and Lecturer in International Humanitarian Law, Humboldt University, Berlin (2003–2004) as well as Visiting Professor in Human Rights at University Robert Schuman in Strasbourg in 2005, and Visiting Professor in Human Rights at Widener Law School in 2003 and 2005. In 2002 he was elected as the first president of the European Inter-university Centre for Human Rights and Democratization in Venice and has been since 1999 the president of the NOHA University Association (Network on Humanitarian Assistance, Brussels) and of the Berghof Foundation Board in Berlin. He is the General Editor both of the Yearbook of International Humanitarian Law (The Hague) as well as of the journal Humanitäres Völkerrecht – Informationsschriften (International Humanitarian Law Journal) (Bochum). He has been co-editor of the Bochumer Schriften zur Friedenssicherung und zum Humanitären Völkerrecht (Bochum Studies on Peace and Armed Conflict) since 1988. His academic work has focused on international humanitarian law, humanitarian action, and questions related to the maintenance of international peace and security including disarmament law.

Jan Klabbers is Professor of International Organizations Law at the University of Helsinki and director of the Academy of Finland Centre of Excellence in Global Governance Research, and has held visiting professorships at Hofstra Law School (New York) and the Graduate Institute of International Studies and Development (Geneva). He is the book review editor of the International Organizations Law Review, and his publications include An Introduction to International Institutional Law (2002) and The Concept of Treaty in International Law (1996). He has edited the volume on International Organizations for the Library of Essays in International Law series (2005), while a monograph on Treaty Conflict and the European Union is forthcoming.

Lauri Mälksoo is currently the head of international and EC law lectureship at the University of Tartu, Estonia. He studied law in Tartu (LL.B.) and Göttingen and obtained his master’s degree at Georgetown University Law Center. He defended his doctoral thesis “Illegal Annexation and State Continuity: the Case of the Incorporation of the Baltic States by the USSR” at Humboldt University, Berlin. The thesis was published in 2003 in Erik Castrén Institute’s monograph series of Martinus Nijhoff. Beside working at the university, he has also served as the international and EC law adviser of the Legal Chancellor (ombudsman) of the Republic of Estonia. He is also serving as a member of the EU Network of Independent Experts on Fundamental Rights.

Carmen MÁrquez Carrasco is Professor of Public International Law and International Relations at the University of Seville (Spain), and is currently the Program Director of the European Masters on Human Rights and Democratization at the European Inter-University Centre for Human Rights and Democratization in Venice, Italy.

J. Paul Martin is Senior Scholar and was from 1978 to 2007 the Executive Director of the Center for the Study of Human Rights at Columbia University. He teaches and researches on religion, rights, and world community, rights and the role of multinational corporations in developing countries, and on human rights education. The Center promotes multidisciplinary human rights teaching and research at Columbia and engages in capacity building for human rights NGOs and university human rights programs in developing countries.

Ejeviome Eloho Otobo is Director of Strategic Planning in the Peacebuilding Support Office (PBSO) at the United Nations Secretariat in New York. Prior to joining PBSO, Otobo was Deputy Director for Policy Analysis and Monitoring in the Office of the Special Adviser on Africa (OSAA) at the UN Secretariat, where he led the team that prepared several reports on the progress and challenges in the implementation of the New Partnership for Africa’s Development (NEPAD). Before joining OSAA, Otobo served at the UN Economic Commission for Africa where he worked on issues concerning sub-regional dimensions of post-conflict reconstruction and development, institutional reforms, and governance. His main areas of research interest are business–government relations, development management, and strategic planning. He has contributed book chapters and published articles on such issues as public service management, institutional reforms, international trade, and economic and corporate governance. Otobo obtained his undergraduate education at the University of Lagos, Nigeria and did his graduate studies at the John F. Kennedy School of Government, Harvard University, Cambridge, Massachusetts.

Eric Rosand is a Senior Fellow at the Center on Global Counter-terrorism Cooperation and a non-resident fellow at NYU’s Center on International Cooperation. Previously he was Chief of the Multilateral Affairs Unit in the Office of the Coordinator for Counter-terrorism at the US Department of State. Before that he served as the US Mission to the UN’s counter-terrorism expert. He has published numerous articles and book chapters, and lectured widely, on the role of multilateral institutions in the fight against terrorism. He has a B.A. from Haverford College, a J.D. from Columbia University Law School, and an LL.M in International Law from Cambridge University.

Elizabeth Salmón GÁrate is Associate Professor in the Department of Law at the Pontifical Catholic University of Peru, academic coordinator of the Institute for Democracy and Human Rights and coordinator of the university’s master’s degree in human rights. Salmón has a doctorate in law from the University of Seville, Spain and has been a visiting professor at the International University of Andalusia and the Carlos III University of Madrid. She is a member of the Editorial Committee of the International Journal of the Red Cross and has served as an external adviser to the Ministry of Justice (during the transitional government), the International Committee of the Red Cross, the Truth and Reconciliation Commission, the Ministry of Defence and the United Nations. Salmón’s publications include: Introduction to International Humanitarian Law (2004), Encounters and Desencuentros: Peru and the International Humanitarian Law (2001), The International Criminal Court and measures for their implementation in Peru, editor (2001), and Peru’s international obligations on human rights, co-author (2000 and 2002).

Dirk Salomons is Director of the Program for Humanitarian Affairs at the School of International Public Affairs, Columbia University. Salomons focuses on the interaction between policy and management in humanitarian operations, and has a particular interest in the demobilization and reintegration of former combatants after armed conflict. Prior to joining the SIPA faculty in 2002, Salomons served from 1997 as Managing Partner of the Praxis Group, Ltd., an international management consulting firm based in the USA and Switzerland. From 1970 until 1997, Salomons served in a wide range of management, peace-building and policy advisory functions in several organizations of the United Nations system, including FAO, UNDP, UNAIDS, UNOPS, and the UN Secretariat. Salomons received a “Kandidaats” degree from the University of Amsterdam in 1964, and subsequently obtained his “Doctoraal,” also at the University of Amsterdam, in 1967. He is the author of a wide range of United Nations documents and reports on management issues and humanitarian affairs.

Benedicto Q. Sánchez is the program coordinator of the Broad Initiatives for Negros Development (BIND), a local NGO based in Negros Occidental, Philippines. A former top cadre of the Maoist Communist Party of the Philippines, who did administrative, theoretical, propaganda, and united front and urban mass movement work, he is now involved hands-on in integrating development, peace and human rights work in the Negrense mountains. He represents BIND in the International Partnership for the Sustainable Development of Mountain Regions, actively promoting Chapter 13 of Rio’s Agenda 21. An alumnus of Columbia University’s 2005 Human Rights Advocacy Program focusing on economic, social, and cultural rights, he has assisted mountain communities to attain tenurial and natural resource use rights and has participated in national and international policy conferences on sustainable mountain development. A former stage actor who performed in the Philippines and Canada in the mid-1990s, he is also a journalist and a court-annexed mediator of the Philippine Supreme Court.

Joachim Wolf holds the chair of public law, with an emphasis on environmental law, administrative law, and planning law, at the Ruhr University Bochum and is managing director of the Institute for International Law of Peace and Armed Conflict (IFHV), which is a centralized institution of the Ruhr University. He is also a Director of the Institute for Development Research and Development Politics at the Ruhr University. Since 1995 Professor Wolf has worked as a permanent contributor to the Encyclopedia of Public International Law edited by Professor Rudolf Bernhardt of the Max Planck Institute for Public Comparative and International Law in Heidelberg, Germany. He is also a member of the German Commission of Disaster Prevention.




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