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82 results

Page 1 of 5

  • 11 - The Security Council and Impartiality in the Peaceful Settlement of Disputes

  • from Part II - Effectiveness, Authority, and Legitimacy of the Current System of International Dispute Settlement and Possible Reforms
  • Edited by Russell Buchan, University of Reading, Daniel Franchini, University of Sheffield, Nicholas Tsagourias, University of Sheffield
  • Book:
    The Changing Character of International Dispute Settlement
    Published online:
    14 December 2023
    Print publication:
    21 December 2023, pp 317-343

  • Summary

    In this chapter, Nigel White assesses the contribution of the UN’s collective security system to the settlement of international disputes. This chapter tests the assumption that impartial law-based dispute settlement by the Security Council is neither achievable because of its political nature nor required by the UN Charter. This chapter analyses the provisions of the Charter and practice of the Security Council in the field of peaceful settlement, looking for evidence of impartiality in both inter-State and intra-State disputes and assessing the influence of peacekeeping mandated by the Council upon impartiality. This analysis shows that the concept of impartiality in peaceful settlement has largely disappeared and asks, in the conclusion, whether it is possible and desirable to (re)turn to impartiality.

  • 14 - International Organizations, Disarmament and State Behaviour

  • Edited by Jan Klabbers, University of Helsinki
  • Book:
    The Cambridge Companion to International Organizations Law
    Published online:
    31 March 2022
    Print publication:
    07 April 2022, pp 315-335

  • Summary

    In most international organizations there is a certain level of trust that basic commitments are being met by the member states. Disarmament organizations,1 however, form a special case: they are often seen as subject to the motto ‘trust, but verify’ in ways that do not quite apply to others. This means that within disarmament organizations such as the International Atomic Energy Agency (IAEA) or the Organization for the Prohibition of Chemical Weapons (OPCW), different legal issues arise when compared to other organizations, rendering them of great theoretical importance in addition to their undoubted social relevance.

    The focus of this chapter is on organizational efforts to regulate, supervise, control and possibly eliminate weapons of mass destruction (WMD).

  • Outsourcing Military and Security Functions

  • Part of
  • Nigel D. White
  • Journal:
    AJIL Unbound / Volume 115 / 2021
    Published online by Cambridge University Press:
    13 September 2021, pp. 317-321
    • Article
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  • In “Are There ‘Inherently Sovereign Functions’ in International Law,” Frédéric Mégret suggests that the fact that international legal practice has sought to preserve a state monopoly over the use of force strengthens the argument that international law considers some functions to be inherently sovereign. Mégret's analysis goes much further than this in seeking to develop a thicker and broader understanding of inherently sovereign functions (ISFs) by reasoning inductively from international human rights law. This essay largely supports this approach through a case study of the approach taken by the United Kingdom to outsourcing military and security functions. It explores an understanding of inherently sovereign functions based on the state's monopoly on the legitimate use of force and claims that outsourcing military and security functions undermines state sovereignty.

  • 11 - The Security Council, Peace-Making and Peace Settlement

  • from Part III - Key Actors and the Role of International Law
  • Edited by Marc Weller, University of Cambridge, Mark Retter, University of Cambridge, Andrea Varga, University of Cambridge
  • Book:
    International Law and Peace Settlements
    Published online:
    14 January 2021
    Print publication:
    04 February 2021, pp 237-263

  • Summary

    While third states and international organisations often co-sign peace agreements in the capacity of witnesses or guarantors, little is understood of the legal consequences flowing from these roles. The chapter aims to fill this gap. First, it highlights that the mere designation of witness or guarantor leads to few consequences. Second, it analyses how specific third-party rights and obligations are established and conceptualised under VCLT rules, extended by analogy to intra-state peace agreements. Third, it provides a brief illustration of common third-party rights and obligations in peace agreements. Finally, it examines whether the involvement of third parties can internationalise an intra-state peace agreement, i.e. render it to be governed by international law. Bringing together views from the literature, jurisprudence and the preceding analysis on the structure of third-party rights and obligations, the chapter concludes that such rights and obligations can be internationalised, in a manner that can only extend to the agreement as a whole when inseparable from the rest of the agreement.

  • Guest Editorial: Business, Human Rights and Security

  • Mary E. FOOTER, Nigel D. WHITE
  • Journal:
    Business and Human Rights Journal / Volume 4 / Issue 1 / January 2019
    Published online by Cambridge University Press:
    02 April 2019, pp. 1-5
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  • Ending the US Embargo of Cuba: International Law in Dispute

  • Nigel D. White
  • Journal:
    Journal of Latin American Studies / Volume 51 / Issue 1 / February 2019
    Published online by Cambridge University Press:
    13 August 2018, pp. 163-186
    Print publication:
    February 2019

  • The announcement by Presidents Obama and Castro in December 2014 of a major step towards normalisation of inter-state relations was part of what is primarily a political process, but normalisation implies a return to peaceful inter-state relations based on respect for fundamental principles of international law. This commentary explores the role that those principles have played in helping shape the confrontation between the United States and Cuba since the revolution of 1959, which has been underpinned by an economic, commercial and financial embargo of Cuba by the United States. This commentary argues that, from being an integral part of the bilateral dispute, international law can, at key moments, shift to form part of a solution. The changing political landscape raises the prospects of the parties turning to international law as a means of restoring normal relations between them resulting in, amongst other changes, the demise of the embargo.

Contemporary Challenges to the Laws of War
  • Essays in Honour of Professor Peter Rowe
  • Edited by Caroline Harvey, James Summers, Nigel D. White
  • Published online:
    05 November 2014
    Print publication:
    16 October 2014
  • The laws of war are facing new challenges from emerging technologies and changing methods of warfare, as well as the growth of human rights and international criminal law. International mechanisms of accountability have increased and international criminal law has greater relevance in the calculations of political and military leaders, yet perpetrators often remain at large and the laws of war raise numerous normative, structural and systemic issues and problems. This edited collection brings together leading academic, military and professional experts to examine the key issues for the continuing role and relevance of the laws of war in the twenty-first century. Marking Professor Peter Rowe's contribution to the subject, this book re-examines the purposes of the laws of war and asks whether existing laws found in treaties and customs work to achieve these purposes and, if not, whether they can be fixed by specific reforms or wholesale revision.

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