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Vol 22 No 8 August/Sept 2017

Book of the Month

Cover of STEP: A Practical Guide to the Transfer of Trusteeships

STEP: A Practical Guide to the Transfer of Trusteeships

Edited by: Richard Williams, Arabella Murphy, Toby Graham
Price: £110.00

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A Framework for the Rule of Law at the UN Security Council


ISBN13: 9781138220249
Published: March 2017
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £90.00



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The UN Security Council is entrusted under the UN Charter with primary responsibility for the maintenance and restoration of the international peace; it is the only body with the power to authorise military intervention legally and impose international sanctions where it decides. However, its decision-making process has hitherto been obscure and allegations of political bias have been made against the Security Council in its responses to potential international threats. Despite the rule of law featuring on the Security Council's agenda for over a decade and a UN General Assembly declaration in 2012 establishing that the rule of law should apply internally to the UN, the Security Council has yet to formulate or incorporate a rule of law framework that would govern its decision-making process.

This book explains the necessity of a rule of law framework for the Security Council before analysing existing literature and UN documents on the domestic and international rule of law in search of concepts suitable for transposition to the arena of the Security Council. It emerges with eight core components, which form a bespoke rule of law framework for the Security Council. Against this framework, the Security Council's decision-making process since the end of the Cold War is meticulously evaluated, illustrating explicitly where and how the rule of law has been undermined or neglected in its behaviour. Ultimately, the book concludes that the Security Council and other bodies are unwilling or unable adequately to regulate the decision-making process against a suitable rule of law framework, and argues that there exists a need for the external regulation of Council practice and judicial review of its decisions.

Subjects:
Public International Law
Contents:
1. Introduction

Part 1: Defining a Security Council Rule of Law: How, Why and What?
2. Yoking Pantagruel- why the Security Council needs a Rule of Law
3. The rule of law- shifting sands on the international plane
4. Ethereal reality- The components of a bespoke Security Council rule of law

Part 2: Exploring the Components of the Rule of Law
5. Clarity of Action - Procedural Transparency and Public Promulgation
6. Equality before the Law
7. The Predictability Paradox- the avoidance of arbitrariness, supremacy of the law and fairness in the application of the law
8. Consistency with International Human Rights Norms and Standards
9. The Separation of Powers and Acting ultra vires
10. The Equitable Participation in Decision-Making Processes
11. Accountability
12. Conclusion

Series: Routledge Research in International Law

International Law and the Rights of those Displaced by Armed Conflict ISBN 9781138643338
To be published April 2018
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China, Cultural Heritage, and International Law ISBN 9781138093249
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The UN Security Council and Domestic Actors: Distance in international law ISBN 9781138858589
To be published December 2017
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£105.00
Human Security Discourse and International Law ISBN 9781138243910
To be published December 2017
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Fighting and Victimhood in International Criminal Law ISBN 9781138669062
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International Law and Boundary Disputes in Africa ISBN 9781138713093
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The International Criminal Court in Search of its Purpose and Identity ISBN 9781138280588
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Incitement in International Law ISBN 9781138202009
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Legal Accountability and Britain's Wars 2000-2015 ISBN 9781138846241
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The United Nations and Collective Security ISBN 9781138665521
Published March 2016
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£32.99
Justice for Victims before the International Criminal Court ISBN 9781138647404
Published January 2016
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Reciprocity in International Law: Its Impact and Function ISBN 9781138119765
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The Changing Role of Nationality in International Law ISBN 9781138843370
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International Law-making: Essays in Honour of Jan Klabbers ISBN 9781138937611
Published August 2015
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International Law and Boundary Disputes in Africa ISBN 9780415838924
Published July 2015
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International Law and Boundary Disputes in Africa (eBook) ISBN 9781135039547
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The International Criminal Court in Search of its Purpose and Identity ISBN 9780415747776
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The Cuban Embargo Under International Law: El Bloqueo (eBook) ISBN 9781134451241
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The Cuban Embargo Under International Law: El Bloqueo ISBN 9780415668170
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Threats of Force: International Law and Strategy ISBN 9781138843394
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Incitement in International Law (eBook) ISBN 9781317669661
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Incitement in International Law ISBN 9781138020801
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Justice for Victims before the International Criminal Court ISBN 9780415722391
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Resisting United Nations Security Council Resolutions (eBook) ISBN 9781317964278
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Resisting United Nations Security Council Resolutions ISBN 9780415710435
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The United Nations and Collective Security ISBN 9780415505895
Published January 2014
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The United Nations and Collective Security (eBook) ISBN 9781136028243
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UNHCR and International Refugee Law: From Treaties to Innovation ISBN 9781138016873
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International Law-making: Essays in Honour of Jan Klabbers (eBook) ISBN 9781135116057
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International Law-making: Essays in Honour of Jan Klabbers ISBN 9780415659567
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Criminal Responsibility for the Crime of Aggression ISBN 9780415856782
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Criminal Responsibility for the Crime of Aggression (eBook) ISBN 9781136001208
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The Changing Role of Nationality in International Law ISBN 9780415535458
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The Changing Role of Nationality in International Law (eBook) ISBN 9781136752193
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Threats of Force: International Law and Strategy ISBN 9780415609852
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Threats of Force: International Law and Strategy (eBook) ISBN 9781135132033
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The Law on the Use of Force: A Feminist Analysis (eBook) ISBN 9781136628009
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The Law on the Use of Force: A Feminist Analysis ISBN 9780415492874
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Self Determination in the Post 9/11 Era (eBook) ISBN 9781136735844
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Self Determination in the Post 9/11 Era ISBN 9780415550048
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International Economic Actors and Human Rights (eBook) ISBN 9781135245221
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International Economic Actors and Human Rights ISBN 9780415486705
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