Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-5nwft Total loading time: 0 Render date: 2024-05-07T22:29:01.733Z Has data issue: false hasContentIssue false

3 - Who Shall Enforce the Peace?

Published online by Cambridge University Press:  05 June 2012

John F. Murphy
Affiliation:
Villanova University, Pennsylvania
Get access

Summary

As is well known, the primary motivation of the founders of the United Nations was to create an international institution that would be more effective than the League of Nations was in maintaining international peace and security. Under the U.N. Charter the Security Council is given the “primary responsibility for the maintenance of international peace and security,” and it was the vision of the founders of the United Nations that the permanent members of the Security Council, especially the United States and the Soviet Union, would continue the cooperation that characterized their actions during World War II and be the backbone for the efforts of the new institution to prevent and, if necessary, to suppress by armed force aggression and other threats to and breaches of the peace.

With rare exceptions the vision of the founders has not been realized. To be sure, the record is not one of consistent failure. From time to time various permanent members have played key roles in efforts to meet aggression or threats to the peace. But the record on the whole is scandalously bad. Surprisingly, with the exception of the Gulf War in 1991, the record has been especially poor since the end of the Cold War.

In a speech to the United Nations General Assembly in September 2003, Kofi Annan, then Secretary-General of the United Nations, suggested that “a decisive moment” had arrived for the United Nations and “in particular for the aspiration set out in the [U.N.] Charter to provide collective security for all.”

Type
Chapter
Information
The Evolving Dimensions of International Law
Hard Choices for the World Community
, pp. 103 - 160
Publisher: Cambridge University Press
Print publication year: 2010

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Luck, Edward C., Making the World Safe for Hypocrisy, N.Y. TIMES, Mar. 22, 2003, at A11Google Scholar
Dinstein, Yoram, Comments on War, 27 HARV. J.L. & PUB. POL'Y877,878 (2003–2004)Google Scholar
Lillich, Richard, Humanitarian Intervention. A Reply to Ian Brownlie and a Plea for Constructive Alternatives, inLAWS and CIVIL WAR in the MODERN WORLD229 (Moore, John Norton ed., 1974)Google Scholar
Reisman, W. Michael, Humanitarian Intervention to Protect the Ibos, inHUMANITARIAN INTERVENTION App. A (Lillich, Richard ed., 1973)Google Scholar
Yoo, John, International law and the War in Iraq, 97 AM J. INT'L L.557, 574 (2003)CrossRefGoogle Scholar
Murphy, Sean, Assessing the Legality of Invading Iraq, 92 GEO. L.J.173 (2004)Google Scholar
Taft, William H. and Buchwald, Todd F., Preemption, Iraq, and International Law, 79 AM. J. INT'L L.557 (2003)Google Scholar
Rostow, Eugene V., Palestinian Self-Determination: Possible Future for the Unallocated Territories of the Palestine Mandate, 5 YALE STUD. WORLD PUBLIC ORDER147–72 (1979)Google Scholar
Ratner, Steven R., The Cambodian Settlement Agreements, 87 AM J. INT'L L.1 (1993)CrossRefGoogle Scholar
Maier, Harold C., Appraisals of the ICJ's Decision: Nicaragua v. United States, 81 AM. J. INT'L L.77 (1987)CrossRefGoogle Scholar
Quigley, John, The United States and the United Nations in the Persian Gulf War: New Order or Disorder?, 25 CORNELL INT'L L.J.1 (1992)Google Scholar
Weston, Burns, Security Council Resolution 678 and Persian Gulf Decision Making: Precarious Legitimacy, 85 AM. J. INT'L L.516 (1991)CrossRefGoogle Scholar
Schachter, Oscar, United Nations Law in the Gulf Conflict, 85 AM. J. INT'L L.452, 458 (1991)CrossRefGoogle Scholar
Grey, Christine, From Unity to Polarization: International Law and the Use of Force Against Iraq, 13 EUR. J. INT'L L.1, 11–12 (2002)CrossRefGoogle Scholar
Glennon, Michael J., How International Rules Die, 93 GEO. L.J.939 (2005)Google Scholar
Taft, William Howard & Buchwald, Todd, Preemption, Iraq, and International Law, 97 AM. J. INT'L L.557 (2003)Google Scholar
Kittrie, Orde F., Averting Catastrophe: Why the Nuclear Nonproliferation Treaty is Losing Its Deterrence Capacity and How to Restore it, 28 MICH. J. INT'L L.337 (2007)Google Scholar
Kittrie, Orde F., Embolded by Impunity: The History and Consequences of Failure to Enforce Iranian Violations of International Law, 57 SYRACUSE L. REV.519 (2007)Google Scholar
Stevenson, Adlai, Principles of U.N.-OAS Relationship in the Dominican Republic, 52 DEP'T STATE BULL.975, 976–77 (1965)Google Scholar
Moore, John Norton, Grenada and the International Double Standard, 78 AM. J. INT'L L.145, 154–59 (1984)CrossRefGoogle Scholar
Joyner, Christopher, Reflections on the Lawfulness of Invasion, 78 AM. J. INT'L L.131, 135–37, 142 (1984)CrossRefGoogle Scholar
Packer, Corrine A.A. & Rukare, Donald, The New African Union and Its Constitutive Act, 96 AM. J. INT'L L.365, 372–73 (2002)CrossRefGoogle Scholar

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • Who Shall Enforce the Peace?
  • John F. Murphy, Villanova University, Pennsylvania
  • Book: The Evolving Dimensions of International Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511750687.004
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • Who Shall Enforce the Peace?
  • John F. Murphy, Villanova University, Pennsylvania
  • Book: The Evolving Dimensions of International Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511750687.004
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Who Shall Enforce the Peace?
  • John F. Murphy, Villanova University, Pennsylvania
  • Book: The Evolving Dimensions of International Law
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511750687.004
Available formats
×