Search: unwilling or unable
17 Jul Symposium on PMSCs: Ukraine’s New Bill on PMSCs – A Possible Pandora’s Box for Operations Abroad?
...unwilling to ensure a binding instrument and currently have no clear roadmap for how an effective, legally binding proposal could be operationalized. Lastly, and related to the negotiations themselves, there is no agreement and even reluctance to regulate whether PMSCs should be allowed to engage in DPH. The last point has a direct impact on national laws if no international agreement on PMSCs is reached. Ukraine’s Draft Law on PMSCs proposes that PMSCs can exceptionally support the military in responding to threats and acts of aggression against the territorial integrity...11 Jun Targeting Again
...a matter of history, morality, and law – a coherent difference between a state of war and a state of peace. This need not be a “third way,” whatever that means, as the op-ed suggests. Existing international law offers at least some useful criteria, not only the intensity of hostilities, but also the ability to name a particular state or organization as an enemy, and the existence of an enemy organization organized enough to itself be capable of (even if unwilling to) attending to the law of war. But it...05 Jul LJIL Symposium Vol 25-2: Fairness in International Environmental Law – A comment by Mickelson
...environmental awareness, generic “developing countries” fit the bill.) While delighted that Prost and Torres Camprubi are unwilling to relegate the South to the dustbin of history, what I especially appreciated was their emphasis on the need to engage with environmental resistance within the South, and to grapple with how environmentalism can take different forms in different social contexts. (I also applaud their willingness to contrast this resistance with Northern apathy and unwillingness to change unsustainable patterns of consumption and production; while they might not go so far as to label...
14 Feb The UN Security Council and Climate Security: Reflections on the Unsuccessful Draft Resolution
...negative security, humanitarian, and developmental dimensions of the Boko Haram crisis. Here, the UNSC recognised the “adverse effect of climate change… on the stability of the [Lake Chad Basin] Region.” Given this background, the question arises as to why some states were unwilling to agree upon the UNSC’s engagement with climate security at a broader, thematic level. The objections to such engagement stem from apprehensions of abuse, as well as worries of undermining the existing multilateral efforts to address climate change. Thus, since the UNSC could thematically recognise climate change...
16 Aug Emerging Voices: Seeking Child Support from UN Peacekeepers – A View from Haiti
...the courts’ willingness to hear the claims. Refusal to share information Secondly, the UN appears unwilling to share key evidence in its possession, or to recognize BAI as legal representative of the claimants and relay evidence and updates accordingly. Almost three years after our initial request, the UN has still not provided BAI information about the names and identifying information of the defendants – making service and eventual enforcement of judgment in the cases near impossible – or shared the results of UN internal investigations into the women’s cases. No...
04 Sep Breaking the Consensus of Wrongdoing Among States At War: The Judicialization of the Ukraine and Gaza Wars
...war but is unwilling to do so with the Israel-Hamas war. Adverse legal rulings, which could undermine a state’s legitimacy if ignored, may lead States to disengage from courts and reject international law and institutions. Some Proposals International courts with limited jurisdiction and enforceability should not be expected to address all violations of international law. The international community should endeavor to reassert some control through a system, complementary to the ICJ, involving the principal organs of the UN system and containing the following three propositions. First, it would be advisable...23 Jun Legal Adviser Nominee Harold Koh Should Be Confirmed
...to achieve) may be affected by how we are seen by others. Nothing particularly controversial is contained in such a position. Some right-wing bloggers have raised the specter of transnational elites subverting the will of democratically elected leaders in the executive and legislative branches. But who exactly are these international elites and how would this subverting even be done? Sometimes the focus seems to be on academics and NGOs as the elite culprits, imposing customary international law on an unwilling democratic majority. But that is nonsense. After all, academics and...02 Aug The Strange Case of Laurent Nkunda
...General Bosco Ntaganda (who is himself under ICC indictment — see here –for Ituri-related war crimes). Nkunda was captured by Rwandan forces a couple of weeks later. And he’s been in Rwandan custody ever since. Soon after his incarceration, it appeared that Rwanda was engaging in serious discussions with DR Congo about extraditing him to face Congolese justice. But those talks seem to have petered out. Critics claim that Rwanda is unwilling to hand Nkunda over to their former rivals and risk damaging revelations about its past close relationship with...19 Jun Is International Law the Problem in Darfur?
...director of the Better World Campaign, said the new Darfur agreement was being threatened by the Bush administration’s failure to pay its dues. “If the plan is to put pressure on Sudan’s government but the US is unwilling to back it up, it absolutely undermines the credibility of the whole operation,” Ms Derrick said. [snip] A state department spokesman said last week that the secretary of state, Condoleezza Rice, regarded paying off US peacekeeping debts as “one of her highest priorities over the next couple of years”. But Ms Derrick...27 Aug Everything You Ever Wanted to Know About TWAIL (But Were Afraid to Ask)
...this lack of success is due to the forceful counter-challenges waged by First World states, unmoved by Third World collective plight and unwilling to surrender First World political power. It also results from TWAIL scholars’ inability to articulate a cohesive counter-vision of world society that would allow all peoples to stand as equals. Finally, the triumph of such a grand legal (and social) reformative programme necessitates a veritable rebirth of international social relations, one that has, until now, been missing. In this Article, and in slight opposition to distinguished TWAIL...