The UN Security Council formally acknowledged an obligation to promote justice and the rule of law in 2003. This volume examines the extent to which the Council has honoured this commitment when exercising its powers under the UN Charter to maintain international peace and security. It discusses both how the concept of the rule of law regulates, or influences, Security Council activity and how the Council has in turn shaped the notion of the rule of law. It explores in particular how this relationship has affected the Security Council’s three most prominent tools for the maintenance of international peace and security: peacekeeping, sanctions and force. In doing so, this volume identifies strategies for better promotion of the rule of law by the Security Council.
This book will be of interest to scholars and students of international law, international relations, international development and peacekeeping.
Table of Contents
1. Regulating the Rule of Law through the Security Council PART I. Theorising the Rule of Law 2. The Security Council and the Rule of Law: Some Conceptual Reflections 3. Big Rule of Law ©®℠™(pat.pending): Branding and Certifying the Business of the Rule of Law 4. Accounting for the Absence of the Rule of Law: History, Culture, and Causality 5. The Rule of Law Begins at Home 6. Humanity, Law, Force PART II. The Security Council, Peacekeeping, and the Rule of Law 7. Rule-of-Law Assistance in UN Peace Operations: Securitisation, Sectorisation, and Goal Displacement 8. Human Rights vis-à-vis the Rule of Law: Unruly Cousin or Bedrock of the Family? 9. The UN and ‘Rule-of-Law Constitutions’ 10. Strengthening the Local Accountability of UN Peacekeeping 11. Robust Peacekeeping, Gender, and the Protection of Civilians 12. Protection of Civilians and the Rule of Law: Building Synergies between the Agendas PART III. The Security Council, Sanctions, and the Rule of Law 13. The Office of the Ombudsperson: a Case for Fair Process 14. Judicial Challenges to the Security Council’s Use of Sanctions PART IV. The Security Council, Use of Force, and the Rule of Law 15. Between Flexibility and Accountability: How can the Security Council Strengthen Oversight of Use-of-Force Mandates? 16. Use of Force, Rule-of-Law Restraints, and Process: Unfinished Business for the Responsibility to Protect Concept 17. The Force Intervention Brigade and UN Peace Operations: Some Legal Issues 18. Peace through Law and the Security Council: Modelling Law Compliance 19. Protecting Responsibly: the Security Council and the Use of Force for Human Protection Purposes PART V. Strengthening the Rule of Law Through the Security Council 20. The UN Security Council as regulator and subject of the rule of law: conflict or confluence of interest?
Jeremy Farrall is Fellow at the Asia-Pacific College of Diplomacy in the Coral Bell School of Asia Pacific Affairs at the Australian National University, and Australian Research Council Linkage Industry Fellow at the Centre for International Governance and Justice in the Regulatory Institutions Network, also at the Australian National University.
Hilary Charlesworth is Distinguished Professor, Australian Research Council Laureate Fellow and Director of the Centre for International Governance and Justice in the Regulatory Institutions Network at the Australian National University.