Suchergebnisse

Territorial disputes historically have been commonplace in the Transcaucasian region. Nagorno-Karabakh is a region legally recognised as a part of Azerbaijan, but has historically been disputed by Armenia and Azerbaijan. It was an autonomous region during Soviet times, but fell within the administrative boundaries of the then Soviet Republic of Azerbaijan. Nagorno-Karabakh has operated de facto independently since 1992, when it declared independence. Azerbaijanis from regions bordering Nagorno-Karabakh were displaced from their homes in the 1990s. This created what some refer to a security buffer, but which constitute occupied territory. Azerbaijan seeks the return of all territories. For Karabakh Armenians any dispute settlement that would leave Nagorno-Karabakh within Azerbaijan is untenable, given security threats. The conflict is coloured by history, past injustices, and ideologies around identity. Despite decades of mediation attempts by the osce and others, the territory remains fervently disputed. Border skirmishes have been frequent since the 1990s. However, since September 2020 serious escalations in hostilities and violence in region risk a broader regional conflict and drawing in Turkey, Russia and Iran. The paper provides a historical exposition of factors underpinning the dispute, which are critical to understanding its context and ultimate resolution. It examines the claim to self-determination by the people of Nagorno-Karabakh from the perspective of international law. It addresses the interplay between conflicting norms of territorial integrity and self-determination. The paper reflects on questions of statehood, and on the emerging concept of remedial secession in cases of egregious human rights violations and where internal self-determination is denied, and their possible relevance to the Nagorno-Karabakh dispute.

Complicity by UN military peacekeepers in sexual abuse and sexual exploitation ('SEA') has been in the lime light in academic, practice and policy circles for many years now. Recent scandals involving sexual violence and abuse by peacekeepers in the Central African Republic and failures to respond are proving the catalyst for major reforms being discussed and implemented currently at UN level. There are numerous legal complexities, difficulties and flaws with the legal framework, policies and systems presently in place. Less considered are the parallel regulatory frameworks operative, or not operative, in the context of peacekeeping done beyond the remit of the United Nations or by those not deployed under its command and control. The fact remains that SEA is also prevalent across these peace operations but very little focus has been placed on these by academics or practitioners alike. Increasingly the UN is likely to rely on regional bodies in conducting peace operations falling outside its SEA regulatory framework. This may leave local populations vulnerable to unregulated or poorly regulated acts of sexual abuse and exploitation by peacekeepers. This paper seeks to address a gap in the literature in examining this regulatory space, focusing on the African Union's ('AU's') policy and regulatory frameworks governing its personnel deployed to peace operation environments in so far as they appear to exist. In doing so, it will reflect on the relationship this has to the UN's Human Rights Due Diligence Policy on United Nations Support to Non-United Nations Security Forces, and the increasing reliance on AU regional peace operations, and re-hatting of forces.

Complicity by UN military peacekeepers in sexual abuse and sexual exploitation ('SEA') has been in the lime light in academic, practice and policy circles for many years now. Recent scandals involving sexual violence and abuse by peacekeepers in the Central African Republic and failures to respond are proving the catalyst for major reforms being discussed and implemented currently at UN level. There are numerous legal complexities, difficulties and flaws with the legal framework, policies and systems presently in place. Less considered are the parallel regulatory frameworks operative, or not operative, in the context of peacekeeping done beyond the remit of the United Nations or by those not deployed under its command and control. The fact remains that SEA is also prevalent across these peace operations but very little focus has been placed on these by academics or practitioners alike. Increasingly the UN is likely to rely on regional bodies in conducting peace operations falling outside its SEA regulatory framework. This may leave local populations vulnerable to unregulated or poorly regulated acts of sexual abuse and exploitation by peacekeepers. This paper seeks to address a gap in the literature in examining this regulatory space, focusing on the African Union's ('AU's') policy and regulatory frameworks governing its personnel deployed to peace operation environments in so far as they appear to exist. In doing so, it will reflect on the relationship this has to the UN's Human Rights Due Diligence Policy on United Nations Support to Non-United Nations Security Forces, and the increasing reliance on AU regional peace operations, and re-hatting of forces.

In Sexual Exploitation and Abuse by UN Military Contingents: Moving Beyond the Current Status Quo and Responsibility under International law Róisín Burke explores the difficulty of dealing with sexual offences committed by UN military contingent personnel

In Sexual Exploitation and Abuse by UN Military Contingents: Moving Beyond the Current Status Quo and Responsibility under International law Róisín Burke explores the difficulty of dealing with sexual offences committed by UN military contingent personnel.

Preliminary Material /Elina Hankela -- Introduction -- Chapter I Background – Current Accountability Framework and UN Initiatives -- Chapter II Status of Forces and Jurisdictional Immunity -- Chapter III Applicability of International Law and SEA by UMC Personnel -- Chapter IV Th e ICC as an Avenue for the Prosecution of UMC Personnel -- Chapter V Moving beyond the Status Quo – Alternatives for Holding UMC Personnel to Account? -- Chapter VI State and International Organization Responsibility -- Main Findings and Conclusions -- Bibliography -- Index.

Front Matter -- Copyright Page -- Preface -- Articles and Commentaries -- Symposium /Neil Boister and W. John Hopkins -- Law, Culture, and Corruption in the Pacific Islands /Graham Hassall -- Anti-corruption Measures from a European and Austrian Perspective /S. Reindl-Krauskopf -- Cybercrime Threats, Offences and Special Investigation Measures from a European Perspective /Farsam Salimi -- The European Arrest Warrant: A Blueprint for International Cooperation in Criminal Matters in Other Regions? /Harmen van der Wilt -- Brexit and the Policing of Transnational Organised Crime in Europe /Liz Campbell -- Command Responsibility after Bemba /Ray Murphy -- Standard Deviation: Global Standardisation and Implications for International Law /Matt Bartlett -- The South Pacific -- Pacific Islands Forum 2017 /Tony Angelo -- The Year in Review -- International Human Rights Law /Shea Elizabeth Esterling -- Indigenous 'Peoples'' Rights under International Law /Fleur Te Aho -- International Economic Law /An Hertogen -- International Environmental Law /Josephine Toop -- Law of the Sea and Fisheries /Joanna Mossop -- The Antarctic Treaty System /Alan D. Hemmings -- International Criminal Law and International Humanitarian Law /Treasa Dunworth -- International Law and Security 2017 /Anna Hood -- New Zealand State Conduct -- Treaty Action and Implementation /Mark Gobbi -- Book Reviews -- The Rule of Law in Crisis and Conflict Grey Zones: Regulating the Use of Force in a Global Information Environment /Shea Elizabeth Esterling -- Regulatory Autonomy in International Economic Law: The Evolution of Australian Policy on Trade and Investment /An Hertogen -- Call for Papers.

Front Matter -- Contents -- Preface -- Articles and Commentaries -- "World Community Interest" Approach to Interim Measures on "Robot Weapons": Revisiting the Nuclear Test Cases /Ozlem Ulgen -- Democracy in International Law-making: An Unfilled Lacuna /Salar Abbasi -- Environmental Disputes from Regional Sea Programmes before itlos: Its Potential Role, Contribution, and the Challenges it Would Face in a Land-based Pollution Case /Naporn Popattanachai -- The Nascent Law of Cyber Blockades and Zones /Ana Lenard -- Determining Modes of Liability in International Criminal Law: Why the Common Purpose Doctrine is the Strongest Legal Response to Mass Atrocity Crimes /Selma Kafedžić -- Challenging Cultural Backgrounds and Vernacularizing Human Rights /Sami Thamir Alrashidi -- The South Pacific -- The Pacific Islands Forum 2016 /Tony Angelo -- The Year in Review -- International Human Rights Law /Shea Elizabeth Esterling -- Indigenous Peoples' Rights under International Law /Fleur Te Aho -- International Economic Law /Christian Riffel -- International Environmental Law /Josephine Toop -- Law of the Sea and Fisheries /Joanna Mossop -- The Antarctic Treaty System /Alan D. Hemmings -- International Criminal Law and International Humanitarian Law /Treasa Dunworth -- International Law and Security /Anna Hood -- New Zealand State Conduct -- Treaty Action and Implementation /Mark Gobbi -- Book Reviews -- Research Handbook on International Law and Natural Resources By Elisa Morgera and Kati Kulovesi (eds) [Cheltenham: Edward Elgar Publishing Limited, 2016, 551 pp. isbn 978-1-78347-832-3] /Elizabeth Macpherson -- The International Criminal Court in an Effective Global Justice System /Cassandra Mudgway.