THE INCONCLUSIVE FORMALIST DEBATE ON THE CONSTITUTIONAL BASIS OF PEACEKEEPING CAN LEAD TO SKEPTICISM OVER THE RELEVANCE OF LAW TO PEACEKEEPING. A CONTEXTUAL APPROACH TO THE LAW BASED ON AN UNDERSTANDING OF THE SHAPING AND ULTIMATE DEPENDENCE OF LAW ON POLITICS FREES THE INTERNATIONA LAWYER FROM DRY AND CIRCULAR DISCUSSION. IN THIS LIGHT CONSTITUTIONAL ISSUES ABOUT THE ORIGINS AND THE CONTROL OF PEACEKEEPING OPERATIONS ARE SEEN TO BE OF PARAMOUNT IMPORTANCE IN THE UNDERSTANDING AND DEVELOPMENT OF PEACEKEEPING. THE POTENTIALLY RESTRICTIVE FORMALIST DOCTRINE OF IMPLIED POWERS IS SHOWN TO BE A SHAM BEHIND WHICH THE REALITY IS THAT OF A WIDER, BUT NOT UNLIMITED, DOCTRINE OF INHERENT POWERS. SUCH A DOCTRINE ENABLES THE UNITED NATIONS TO CREATE A WIDE VARIETY OF PEACEKEEPING FORCES, THOUGH THE CREATION AND CONTROL OF SUCH FORCES IS SHOWN TO BE SUBJECT TO THE CONSTITUTIONAL STRUCTURES OF THE UN. AS REGARDS PEACEKEEPING, THE DIVISION OF COMPETENCE BETWEEN THE SECURITY COUNCIL, THE GENERAL ASSEMBLY AND THE SECRETARY-GENERAL HAS GROWN UP IN PRACTICE. THE CENTRALIST TENDENCIES OF THIS PRACTICE HAVE BEEN UNDERMINED IN RECENT YEARS BY THE GROWTH IN QUASI-ENFORCEMENT ACTIONS. IT IS QUESTIONABLE WHETHER THE LOOSER CONSTITUTIONAL RESTRAINTS ON THESE OPERATIONS IS DESIRABLE.
Approved for public release, distribution is unlimited ; Rapid changes have characterized international relations since the end of the Cold War. Transitioning democracies have been the scene of often-violent change, enduring civil war, political and economic struggle, and ethnic strife. Transitioning nations increasingly need peacekeeping operations to maximize their chances for success. Historically however, peacekeeping operations created by the United Nations have been ad hoc "coalitions of the willing" and have not been conducive to establishing professional peacekeeping forces. This thesis proposes that the more professional the peacekeeping operation, the higher the chance of success for the peacekeeping mission. The need for change to professional peacekeeping is particularly true for the Ukrainian Armed Forces. The development of standing national forces designed and trained to act in crisis management and peacekeeping operations is critical for success. Using the Polish-Ukrainian Peacekeeping Battalion (UKRPOLBAT) as a model, a separate brigade within the Ukrainian Armed Forces should be established to specifically and only perform peacekeeping missions. Thus, this unit could be used as a springboard to begin the professionalization of peacekeeping not only in Ukraine, but also in Europe and the rest of the world.
The necessity for the United Nations Force in Cyprus (UNFICYP) arose from a crisis in relations between the island's Greek and Turkish communities precipitated by an attempt on the part of President Makarios in November 1963 to adjust the 1960 Constitution in such a way as to lessen the influence of the Turkish minority within the state's institutions. An early unsuccessful attempt at mediation by Britain in the first weeks of 1964 (which aimed at a solution within the context of Nato) gave way to Security Council consideration at a series of meetings in February and March which resulted in a motion to dispatch a peacekeeping force.