1. In determining
whether or not there exists a tundergraduate eat to the peace, a breach of the
peace, or an act of aggression, the Security Council enjoys considerably broad
discretionary powers. Discuss.
It is undisputed that the Security Council's discretionary
power to determine whether a tundergraduate eat to or breach of the peace
exists is considerably broad. The same conclusion applies to the measures and
actions available to the SC when responding to such tundergraduate eats or
breaches of the peace. A large amount of literature attacks the vagueness of
the provisions of the UN Charter and the unfettered power such vagueness
permits. This study examines the apparent extensive powers of the SC when
acting under Chapter VII of the Charter in comparison to other UN institutions.
Are the powers of the SC as unlimited as most assume or are its powers varied
in practice? Do mechanisms exist to restrict the SC's powers in reality, and do
its powers need to be restricted as such? The extent of the powers of the SC
will be examined in relation to Chapter VII of the Charter to ultimately
conclude that the SC's apparent free reign is in practice limited by a number
of political concepts.
Suggested reading
- Alvarez, JE 1996. 'Judging the Security
Council', American Journal of International UNDERGRADUATE , vol. 90, no.
1.
- De Wet, E 2004. The Chapter VII Powers of
the United Nations Security Council, Portland Oregon: Hart Publishing.
- Frowein, J & Krisch, N 2002. 'Article
39' in B Simma (ed.), The Charter of the United Nations: A Commentary, 2nd
edn, New York: Oxford University Press.
- Luck, EC 2006. UN Security Council:
Practice and Promise, Oxon: Routledge.
2. The
Self-Determination of Minorities in the Light of Globalization.
An almost unlimited number of historical events and
concepts lead most to assume that self-determination of minorities is likely to
become a popular tendency of world political developments. Globalization indeed
dictates the need for people to acquire equality and thus self-determination as
co-existing concepts. For multi-ethnic states at least, the right to
self-determination is paramount. This study recognizes that as different
cultures reside with one another, the tendency to self-determine increases
along with the need to preserve certain diminishing cultures. Yet granting too
much protection to such minorities has the potential to harm others; good will
is thus limited towards such groups. A central concern of international UNDERGRADUATE
is that of self-determination,
succession and minority rights. How has it dealt with these concepts and has it
managed to balance the interests of all concerned? The study will question
whether minorities can be self-determined; as the research shows, the question
is not as straightforward as one would primarily like to assume.
Suggested Reading
- Moore, M 1998. National
Self-Determination and Secession, New York: Oxford University Press.
- Shaw, M 2002. International UNDERGRADUATE
, Cambridge: Cambridge University Press.
- Franck, TM 2002. Fairness in
International UNDERGRADUATE and
Institutions, Oxford: Oxford University Press.
- Thornberry, P 1987. Minorities and Human
Rights UNDERGRADUATE , Report No. 73, London: Minority Rights Group.
3. Peace Operations
in Burundi from a UN Perspective: Ensuring Peace or Facilitating Power?
The intervention of the UN in Burundi was generally
deemed as a relatively successful peace operation. Yet the passing of time has
revealed more critical observations to emerge. The UN's peace operation in
Burundi was short-sighted, yet on a longer timeframe period the intervention
was more unsuccessful than anything else. This study will examine why it was
unsuccessful, the consequences of the peace operation, and question whether
these can be remedied. The operation will be used as a future reference tool
for other potential peace operations so that the same mistakes are not made.
Ultimately, the events of the Burundi peace operation demonstrate that 'peace'
is an on-going concept which requires long-term planning and better constructed
UN peace-building initiatives.
- Dayton, BW & Kriesberg, L 2009.
Conflict Transformation and Peacebuilding: Moving from Violence to
Sustainable Peace, New York: Routledge.
- Baregu, M 2011. Understanding Obstacles
to Peace, Kampala: Fountain.
- Boshoff, H & Very, W 2006. A
Technical Analysis of Disarmament, Demobilisation and Reintegration: A
Case Study from Burundi, Pretoria: Institute for Security Studies.
- Darby, J & MacGinty, R 2003.
Contemporary Peacemaking: Conflict, Violence and Peace Processes,
Basingstoke: Palgrave Macmillan.
4. According to the
2001 International UNDERGRADUATE Commission's Articles on the Responsibility of
States for Internationally Wrongful Acts, what are the legal consequences of
breaches of peremptory norms of general international UNDERGRADUATE and who can invoke them?
The ILC's Articles on State Responsibility have been
marked as highly controversial. Intended to construct a framework of
regulations for dealing with internationally wrongful acts, the Commission's
distinction between breaches of international obligations and peremptory norms
have proven problematic. This study will examine the distinction between
breaches of obligations and peremptory norms in the context of erga omnes and
jus cogens. The study will ultimately lead to the conclusion that the broad and
informal rules on state responsibility are actually beneficial for an array of
reasons.
Suggested Reading
- Crawford, J 2002. The International UNDERGRADUATE
Commission's Articles on State
responsibility: Introduction, text and Commentaries, Cambridge: Cambridge
University Press.
- Klein, P 2002. 'Responsibility for
Serious Breaches of Obligations Deriving from Peremptory Norms of
International UNDERGRADUATE and
United Nations UNDERGRADUATE ', European Journal of International UNDERGRADUATE
, vol. 13, no. 5, pp. 1241-1255.
- McCorquodale, R & Simons, P 2007.
'Responsibility Beyond Borders: State Responsibility for Extraterritorial
Violations by Corporations of International Human Rights UNDERGRADUATE ',
Modern UNDERGRADUATE Review, vol.
70, no. 4, pp. 598-625.
- Weiss, EB 2002. 'Invoking State
Responsibility in the Twenty-First Century', American Journal of
International UNDERGRADUATE , vol. 96, no. 798, pp. 798-816.
5. 'There is no
international legislation laying down detailed rules concerning the creation of
States. Yet, on careful analysis, it is possible to infer from the body of
customary international rules granting basic rights and duties to States that
these rules presuppose certain general characteristics in the entities to which
they address themselves'. Discuss.
It is commonly recognised that a state is defined by
the existence of population, territory and sovereignty. The latter concept
particularly has attached to it the important notion of independence.
Independence in turn grants a state competence to conduct external and internal
affairs free from the legal authority of any other state. Despite these
assumptions, no standard definition exists for the term 'state'; the definition
is rather determined by a set of criteria. Yet are such criteria sufficient for
the purposes of international UNDERGRADUATE , the basis of which depends
entirely upon the notion of statehood? This study will state and assess the
criteria required to establish statehood, conducting an in-depth discussion on
the elements of recognition. The evaluation will ultimately seek to determine
whether the existence of states can be accurately set out according to the
criteria, or whether a standard definition of statehood is required.
Suggested Reading
- Shaw, MN 2008. International UNDERGRADUATE
, 6th edn, Cambridge: Cambridge University Press.
- Crawford, J 2006. The Creation of States
in International UNDERGRADUATE ', 2nd edn, Oxford: Clarendon Press.
- Kohen, MG 2006. Secession: International UNDERGRADUATE
Perspectives, Cambridge: Cambridge
University Press.
6. Critically
explore the relationship between international and national UNDERGRADUATE .
The relationship between international and national UNDERGRADUATE
is indeed a majorly fascinating yet
complex topic. Legal theory dictates that each individual state is equal and
sovereign, yet reality demonstrates that not even the most powerful of states
are able to remain entirely sovereign. The inevitable conflict between national
and international rules has introduced the need for international tribunals to
decide upon which rules are to prevail. How is the balance between the need to
preserve international rules and the need to refrain from invalidating national
UNDERGRADUATE maintained? This study
will explore this perplexing issue, evaluating the complex relationship between
international and national UNDERGRADUATE , particularly in instances of
conflict. How do international institutions deal with conflicts and how can
harmony between international and national UNDERGRADUATE be achieved? Existing theories on this
fascinating relationship will be assessed in order to reach a concise and
convincing conclusion.
Suggested Reading
- Besson, S 2011. 'Sovereignty,
International UNDERGRADUATE and
Democracy', European Journal of International UNDERGRADUATE , vol. 22, no.
2.
- Dixon, M 2009. Textbook on International UNDERGRADUATE
, 6th edn, New York: Oxford University Press, 2009.
- Evans, M 2008. International UNDERGRADUATE
, 2nd edn, New York: Oxford University Press.
7. Critically
examine the role of custom and general principles in the development of
international criminal UNDERGRADUATE .
It is common practice for the codes and statutes of
any judicial system to provide guidelines as to how criminal cases should be
dealt with. Yes this was not always the case; customary UNDERGRADUATE s and
customs based upon the individual outlooks of a society once played an
important role in dealing with offenders. These were gradually shaped into
concrete statutory rules. The international legal community was posed with the
same ancient problem, yet in modern times. How international UNDERGRADUATE took individual state approaches to crime and
developed them into overarching rules is the potent topic to be explored in
this study. How did customs and general principles form the basis for
international criminal UNDERGRADUATE s? How influential were customs and
general principles in the development of international criminal UNDERGRADUATE ?
It will ultimately be demonstrated that customs and general principles played a
valuable role, for they are the most appropriate norms to be applied in cases
where substantive UNDERGRADUATE is
inconclusive.
Suggested Reading
- Cassese, A 2008. International Criminal UNDERGRADUATE
, 2nd edn, New York: Oxford University Press.
- Werle, G 2009. Principles of
International Criminal UNDERGRADUATE , 2nd edn, London: Asser Press.
- Kunz, JL 1953. 'The Nature of Customary
International UNDERGRADUATE ', American Journal of International UNDERGRADUATE
, vol. 47, no.4.
- Degan, VD 2005. On the Sources of
International Criminal UNDERGRADUATE , New York: Oxford University Press.
8. International
human rights and reservations to multilateral treaties: critically examine the
Human Rights Committee's approach in the light of the general international UNDERGRADUATE
relating to the reservations to
treaties.
A reservation is commonly defined as a State's
exclusion or modification of certain or all provisions of a treaty. The past
century has questioned whether reservations to multilateral human rights
treaties should be approached in the same manner as reservations to general
multilateral treaties. The International Court of Justice adopts the view that
the reservation regime should be the same in both cases. The European Court of
Human Rights however disagrees, stating that the specific nature of human
rights treaties requires rules that are less general than those applied to
classic multilateral treaties. This study will critically examine this topic,
particularly in light of the approach of the Human Rights Committee to
reservations to treaties. How does the classical regime function in terms of
human rights treaties and how can this be better suited to reservations on such
treaties? Is an alternative approach indeed necessary? The study will
ultimately seek to achieve a suitable balance between the need to provide a
certain degree of flexibility in order to encourage participation and the
importance of maintaining the integrity of human rights treaties.
Suggested Reading
- De Schutter, O 2010. International Human
Rights UNDERGRADUATE , Cambridge: Cambridge University Press.
- Steiner, HJ, Alston, P & Goodman, R
2008. International Human Rights in Context: UNDERGRADUATE , Politics and
Morality, New York: Oxford University Press.
- Schabas, WA 1994. 'Reservations to Human
Rights Treaties: Time for Innovation and Reform', Canadian Yearbook of
International UNDERGRADUATE , vol. 12, no. 42.
9. International UNDERGRADUATE
and Jus Cogens Norms: Identifying jus
cogens, what determines the status of a norm and will more ever be formed?
International UNDERGRADUATE characteristically is comprised of the wills
of collective sovereign states and thus lacks the formal structure enjoyed by
national jurisdictions. States have thus recognised that certain specific norms
exist which must be observed by all. Such norms are categorised as mandatory
jus cogens norms and modifiable jus dispositivum norms. This study will focus
upon jus cogens norms; norms so basic and broadly known that they are binding
across humanity and cannot be derogated from. Yet how are norms categorised as
mandatory? What is it that they possess which grants them such high status? The
study will argue that, rather than the content of these norms, it is the
special agreement on the fundamental norms which gives them their jus cogens
status. It is the concept of special agreement which transforms the derogation
from norms from subjective to objective illegality. Although there are few jus
cogens norms as of yet, this does not preclude the possibility that new jus cogens
norms will be developed as certain rights are given greater importance.
Suggested Reading
- Bantekas, I 2010. International Criminal UNDERGRADUATE
, 4th edn, Oxford: Hart Publishing.
- Lauterpacht, H 1950. International UNDERGRADUATE
and Human Rights, London: Stevens
and Sons.
- Orakhelashvili, A 2006. Peremptory Norms
in International UNDERGRADUATE , New York: Oxford University Press.
- Danilenko,GM 1991. 'International Jus
Cogens: Issues of UNDERGRADUATE Making', European Journal of
International UNDERGRADUATE , vol. 2, no. 42.
10. The settlement
of international disputes by peaceful means.
It is widely accepted that relations between nations
are not entirely safe from unrest or dispute. Wisdom dictates that in times of
dispute, the most desirable response is to find a peaceful and amicable
solution so as to preclude the possibility of violence. Yet which mechanisms
have been set in place to ensure the settling of international disputes by
peaceful means? How effective are such mechanisms at settling such disputes and
what lessons does history have to offer about the improvements that need to be
made? This study will explore this issue, examining the core mechanisms for
settling disputes, accompanied by an evaluation of their effectiveness and
weaknesses.
Suggested Reading
- Merrills, JG 2011. International Dispute
Settlement, 5th edn, Cambridge: Cambridge University Press.
- Collier, J & Lowe, V 1999. The
Settlement of Disputes in International UNDERGRADUATE : Institutions and
Procedures, New York: Oxford University Press.
- Evans, M 2010. International UNDERGRADUATE
, 3rd edn, New York: Oxford University Press.
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