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UN Territorial Administration and Human Rights

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Release : 2020-04-30
Genre : Law
Kind : eBook
Book Rating : 234/5 ( reviews)

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Book Synopsis UN Territorial Administration and Human Rights by : Gjylbehare Bella Murati

Download or read book UN Territorial Administration and Human Rights written by Gjylbehare Bella Murati. This book was released on 2020-04-30. Available in PDF, EPUB and Kindle. Book excerpt: This book offers an original and insightful analysis of the human rights inadequacies that arise in the practice of UN territorial administration by analysing and assessing the practice of UNMIK. It provides arguments based on law and principles to support the thesis that a comprehensive legal framework governing the activities of the UN mission is a crucial prerequisite for its proper functioning. This is complemented by a discussion of several emerging issues surrounding the UN activity on the ground, namely, its legislative, judicial, and executive power. The author offers an extensive and well-documented analysis of the UN’s capacity as a surrogate state administration to respond to the needs of the governed population and, above all, protect its fundamental rights. Based on her findings, Murati concludes that only a comprehensive mandate can serve the long term interests of the international community’s objective to efficiently promote, protect, and fulfil human rights in a war-torn society. UN Territorial Administration and Human Rights provides a detailed critical legal analysis of one of the major UN administrations of territory after the Cold War, namely, the UN administration of Kosovo from 1999 to 2008. The analysis in this book will be beneficial to international law and international relations scholars and students, as well as policymakers and persons working for international organisations. The analysis and the lessons learned through this study shed light on the challenges entailed in governing territories and rebuilding state institutions while upholding the rule of law and ensuring respect for human rights.

The Legal Status of Territories Subject to Administration by International Organisations

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Release : 2008-06-12
Genre : Law
Kind : eBook
Book Rating : 78X/5 ( reviews)

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Book Synopsis The Legal Status of Territories Subject to Administration by International Organisations by : Bernhard Knoll

Download or read book The Legal Status of Territories Subject to Administration by International Organisations written by Bernhard Knoll. This book was released on 2008-06-12. Available in PDF, EPUB and Kindle. Book excerpt: The international community's practice of administering territories in post-conflict environments has raised important legal questions. Using Kosovo as a case study, Bernhard Knoll analyses the identity of the administrating UN organ, the ways in which the territories under consideration have acquired partial subjectivity in international law and the nature of legal obligations in the fiduciary exercise of transitional administration developed within the League of Nations' Mandate and the UN Trusteeship systems. Knoll discusses Kosovo's internal political and constitutional order and notes the absence of some of the characteristics normally found in liberal democracies, before proposing that the UN consolidates accountability guidelines related to the protection of human rights and the development of democratic standards should it engage in the transitional administration of territory.

Post-conflict Administrations in International Law

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Release : 2009-04-24
Genre : Law
Kind : eBook
Book Rating : 826/5 ( reviews)

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Book Synopsis Post-conflict Administrations in International Law by : Eric de Brabandere

Download or read book Post-conflict Administrations in International Law written by Eric de Brabandere. This book was released on 2009-04-24. Available in PDF, EPUB and Kindle. Book excerpt: The concept of international administrations of territory, in which comprehensive administrative powers are exercised by, on behalf of or with the agreement of the United Nations has recently re-emerged in the context of reconstructing (parts of) states after conflict. Although in Kosovo and East Timor, the UN was endowed with wide-ranging executive and legislative powers, in the subsequent operations in Afghanistan it was decided, to principally rely on local capacity with minimal international participation, and in Iraq, administrative power was exercised by the occupying powers. The objectives are however very similar. This work first delineates the origins of the granting of administrative functions to international actors, and analyses the context in which it has resurfaced, namely post-conflict peace-building or reconstruction. Secondly, the book methodically establishes the legal framework applicable to post-conflict administrations and peace-building operations, by taking into account the post-conflict scenario in which they operate. Based on these two analyses, an enquiry into the practice of the reconstruction processes in Kosovo, East Timor, Afghanistan and Iraq is undertaken, to analyse and understand the influence of the international legal framework and the different approaches on the implementation of the mandates. Finally, the book concludes with an analysis of questions on exit strategies, local ownership, the internationalisation of domestic institutions, and the need for a comprehensive approach towards post-conflict reconstruction.

International Territorial Administration

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Release : 2010-09-30
Genre : Language Arts & Disciplines
Kind : eBook
Book Rating : 897/5 ( reviews)

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Book Synopsis International Territorial Administration by : Ralph Wilde

Download or read book International Territorial Administration written by Ralph Wilde. This book was released on 2010-09-30. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive treatment of the reasons why international organizations have engaged in territorial administration. The book describes the role of international territorial administration and analyses the various purposes associated with this activity, revealing the objectives which territorial administration seeks to achieve.

Security Detention in International Territorial Administrations: Kosovo, East Timor, and Iraq

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Release : 2015-07-28
Genre : Law
Kind : eBook
Book Rating : 980/5 ( reviews)

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Book Synopsis Security Detention in International Territorial Administrations: Kosovo, East Timor, and Iraq by : Omer Faruk Direk

Download or read book Security Detention in International Territorial Administrations: Kosovo, East Timor, and Iraq written by Omer Faruk Direk. This book was released on 2015-07-28. Available in PDF, EPUB and Kindle. Book excerpt: What happens after a governing body is ousted during the course of armed conflict? In some cases, international organizations like the United Nations will appoint other States or itself to administer the transition of the post-conflict State to a place of lasting peace. In practice, however, this mission is hardly linear and becomes further complicated when these administrations are faced with threats to the fragile peace. Security Detention in International Territorial Administrations examines the legal and policy questions surrounding the behavior of these post-conflict administrations. This includes discussion about apportionment of responsibility in peace support operations, norm conflict issues in UN Security Council resolutions, and requirements of international human rights law in the fulfillment of these missions. The discussion concludes with a survey of security detention practices in three recent post-conflict administrations in Kosovo, East Timor, and Iraq.

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