James Sloan – författare

This book traces the impact that the International Court of Justice (ICJ), the principal judicial organ of the United Nations, has had on various areas of international law. A number of prominent international experts examine whether, and to what extent, international law has been shaped by the Court''s jurisprudence. The informal development of international law through the Court''s judgments contrasts with the development of international law through more deliberatemeans, such as treaty-making. Assessing key areas of international law over which the ICJ has exercised its jurisdiction, such as international environmental law, international human rights, the law of the sea, and the law of immunities, this book comprehensively details the impact of internationaljurisprudence on contemporary international law.Continuing the work started by Sir Hersch Lauterpacht''s influential book The Development of International Law by the Permanent Court of International Justice, this book provides key new insights into the role of the Court in wider international law. It makes required reading for anyone studying the ways in which international courts have in shaped the evolution of international law.

This book traces the impact that the International Court of Justice (ICJ), the principal judicial organ of the United Nations, has had on various areas of international law. A number of prominent international experts examine whether, and to what extent, international law has been shaped by the Court''s jurisprudence. The informal development of international law through the Court''s judgments contrasts with the development of international law through more deliberatemeans, such as treaty-making. Assessing key areas of international law over which the ICJ has exercised its jurisdiction, such as international environmental law, international human rights, the law of the sea, and the law of immunities, this book comprehensively details the impact of internationaljurisprudence on contemporary international law.Continuing the work started by Sir Hersch Lauterpacht''s influential book The Development of International Law by the Permanent Court of International Justice, this book provides key new insights into the role of the Court in wider international law. It makes required reading for anyone studying the ways in which international courts have in shaped the evolution of international law.

The United Nations, whose specialized agencies were the subject of an Appendix to the 1958 edition of Oppenheim''s International Law: Peace, has expanded beyond all recognition since its founding in 1945.This volume represents a study that is entirely new, but prepared in the way that has become so familiar over succeeding editions of Oppenheim. An authoritative and comprehensive study of the United Nations'' legal practice, this volume covers the formal structures of the UN as it has expanded over the years, and all that this complex organization does. All substantive issues are addressed in separate sections, including among others, the responsibilities of the UN, financing, immunities, human rights, preventing armed conflicts and peacekeeping, and judicial matters. In examining the evolving structures and ever expanding work of the United Nations, this volume follows the long-held tradition of Oppenheim by presenting facts uncoloured by personal opinion, in a succinct text that also offers in the footnotes a wealth of information and ideas to be explored. It is book that, while making all necessary reference to the Charter, the Statute of the International Court of Justice, and other legal instruments, tells of the realities of the legal issues as they arise in the day to day practice of the United Nations. Missions to the UN, Ministries of Foreign Affairs, practitioners of international law, academics, and students will all find this book to be vital in their understanding of the workings of the legal practice of the UN. Research for this publication was made possible by The Balzan Prize, which was awarded to Rosalyn Higgins in 2007 by the International Balzan Foundation.

The United Nations, whose specialized agencies were the subject of an Appendix to the 1958 edition of Oppenheim''s International Law: Peace, has expanded beyond all recognition since its founding in 1945.This volume represents a study that is entirely new, but prepared in the way that has become so familiar over succeeding editions of Oppenheim. An authoritative and comprehensive study of the United Nations'' legal practice, this volume covers the formal structures of the UN as it has expanded over the years, and all that this complex organization does. All substantive issues are addressed in separate sections, including among others, the responsibilities of the UN, financing, immunities, human rights, preventing armed conflicts and peacekeeping, and judicial matters. In examining the evolving structures and ever expanding work of the United Nations, this volume follows the long-held tradition of Oppenheim by presenting facts uncoloured by personal opinion, in a succinct text that also offers in the footnotes a wealth of information and ideas to be explored. It is book that, while making all necessary reference to the Charter, the Statute of the International Court of Justice, and other legal instruments, tells of the realities of the legal issues as they arise in the day to day practice of the United Nations. Missions to the UN, Ministries of Foreign Affairs, practitioners of international law, academics, and students will all find this book to be vital in their understanding of the workings of the legal practice of the UN. Research for this publication was made possible by The Balzan Prize, which was awarded to Rosalyn Higgins in 2007 by the International Balzan Foundation.

This book traces the impact that the International Court of Justice (ICJ), the principal judicial organ of the United Nations, has had on various areas of international law. A number of prominent international experts examine whether, and to what extent, international law has been shaped by the Court's jurisprudence. The informal development of international law through the Court's judgments contrasts with the development of international law through more deliberate means, such as treaty-making. Assessing key areas of international law over which the ICJ has exercised its jurisdiction, such as international environmental law, international human rights, the law of the sea, and the law of immunities, this book comprehensively details the impact of international jurisprudence on contemporary international law. Continuing the work started by Sir Hersch Lauterpacht's influential book The Development of International Law by the Permanent Court of International Justice, this book provides key new insights into the role of the Court in wider international law. It makes required reading for anyone studying the ways in which international courts have in shaped the evolution of international law.

Since the end of the last century, UN peacekeeping has undergone a fundamental and largely unexamined change. Peacekeeping operations, long expected to use force only in self-defence and to act impartially, are now increasingly relied upon by the Security Council as a means to maintain and restore security within a country. The operations are established under Chapter VII of the UN Charter and some are empowered to use ''all necessary measures'', language traditionally reserved for enforcement operations. Through a close examination of these twenty-first century peacekeeping operations - including operations in Sierra Leone, the Democratic Republic of the Congo, Liberia, Côte d''Ivoire, Haiti and the Darfur region of the Sudan - the book shows that they are, for the most part, fundamentally ill-suited to the enforcement-type tasks being asked of them. The operations, which are under-funded, under-equipped and whose troops are under-trained, frequently lurch from crisis to crisis. There is scant evidence, some 10 years on, that matters are likely to improve. The book argues that bestowing enforcement-type functions on a peacekeeping operation is misconceived. Such operations are likely to be unsuccessful in their enforcement-type tasks, thereby causing serious damage to the excellent reputation of UN peacekeeping, and the UN more broadly. In addition, because such operations are more likely to be perceived as partial, their ability to carry out traditional (non-forceful) peacekeeping tasks may be impeded. Finally, the Security Council''s practice of charging peacekeeping operations with enforcement functions lessens the pressure on the Council to work to establish genuine enforcement operations - ie, operations that are considerably better suited to restoring peace and security.''…Dr Sloan is able to show, in knowledgeable detail, not only what has changed over the years, but also what has brought these changes about. His analysis leads him to offer not only well-informed insights, but critical observations, too...This book is a pleasing combination of detailed scrutiny of topics already familiar (provisional measures, consent, so-called ''Chapter VI½'' action, implied powers) and a rigorous questioning as to their place in – or indeed, relevance at all to – militarised peacekeeping. The reader will find much new terrain traversed, and plenty of out-of-the-box thinking.''From the foreword by Dame Rosalyn Higgins

Since the end of the last century, UN peacekeeping has undergone a fundamental and largely unexamined change. Peacekeeping operations, long expected to use force only in self-defence and to act impartially, are now increasingly relied upon by the Security Council as a means to maintain and restore security within a country. The operations are established under Chapter VII of the UN Charter and some are empowered to use ''all necessary measures'', language traditionally reserved for enforcement operations. Through a close examination of these twenty-first century peacekeeping operations - including operations in Sierra Leone, the Democratic Republic of the Congo, Liberia, Côte d''Ivoire, Haiti and the Darfur region of the Sudan - the book shows that they are, for the most part, fundamentally ill-suited to the enforcement-type tasks being asked of them. The operations, which are under-funded, under-equipped and whose troops are under-trained, frequently lurch from crisis to crisis. There is scant evidence, some 10 years on, that matters are likely to improve. The book argues that bestowing enforcement-type functions on a peacekeeping operation is misconceived. Such operations are likely to be unsuccessful in their enforcement-type tasks, thereby causing serious damage to the excellent reputation of UN peacekeeping, and the UN more broadly. In addition, because such operations are more likely to be perceived as partial, their ability to carry out traditional (non-forceful) peacekeeping tasks may be impeded. Finally, the Security Council''s practice of charging peacekeeping operations with enforcement functions lessens the pressure on the Council to work to establish genuine enforcement operations - ie, operations that are considerably better suited to restoring peace and security.''…Dr Sloan is able to show, in knowledgeable detail, not only what has changed over the years, but also what has brought these changes about. His analysis leads him to offer not only well-informed insights, but critical observations, too...This book is a pleasing combination of detailed scrutiny of topics already familiar (provisional measures, consent, so-called ''Chapter VI½'' action, implied powers) and a rigorous questioning as to their place in – or indeed, relevance at all to – militarised peacekeeping. The reader will find much new terrain traversed, and plenty of out-of-the-box thinking.''From the foreword by Dame Rosalyn Higgins