Hundreds of press articles on the issue of Palestinian identity have been written in the last two years. It happened due to granting Palestine on November 29, 2012 a non-member observer state status by the General Assembly of the United Nations.Resolution 67/19 of the UN assembly, contrary to appearances, does not answer explicitly the question concerning the Palestinian identity. In my paper I will try to display the whole spectrum of legal nuances referring to this issue.Full text: http://bazhum.muzhp.pl/czasopismo/589/?idno=14763
The reform of the United Nations Security Council is the core of the overall UN reform because of the Council s main responsibility for maintaining international peace and security that is the major goal of the UN activity. Countries shall especially focus on strengthening the Council s status, authority and enhancing its capacity towards new threats and challenges that increased in international relations (mainly counter-terrorism, non-proliferation of the weapons of mass destruction, combating transnational crimes and human rights violations and mitigating local conflicts). So far, almost all of the recommendations of the Security Council s reform have been focused on one problem - the enlargement of this UN body. The only proposal concerning the working and voting manner, is project presented by the S-5 Group, which shows, that the priorities of the reform presented by countries aren’t in accordance with the High-level Panel and Koffi Annan’s suggestions. According to the opinion of China, first of all, the reform has to be multidimensional and covering not only Security Council s enlargement by new countries, but also shall base on improvement of its working methods and transparency. Secondly, the Security Council enlargement should assure the representation of developing countries (especially African countries) which constitute over 2/3 of the overall number of members of the UN. Thirdly, the enlargement must be connected with ensuring small and medium-sized countries possibilities to participate in process of decision-making in Security Council. Moreover, the membership enlargement should be negotiated within regional groups, then discussed on the United Nations forum. Furthermore, the new composition must reflect fair representation of different cultures and regions and uphold geographical balance. The reform should be carried out in a democratic way and be based on mutual consultations in order to achieve consensus and have gradual character. The People s Republic of China rejects time- frame to make common decisions, because the member states of the UN may not reach common agreement and they would be enforced to take decisions, which have not been discussed yet. So far, neither did China present its own draft of the UN Security Council membership enlargement and voting manner after the reform, nor join the proposals of the above groups of countries. They only prepared a general plan of the reform.
In the period 1959-1962 the United Nations actively assisted Rwanda in the process of gaining independence. Their mutual relations continued after Rwanda became an independent country and were based on the UN providing economic support to Rwanda and Rwanda's representatives taking part in the UN's initiatives and statutory work. In the early 1990»s, after the outbreak of a civil war in Rwanda, the UN presided conciliatory actions. Those actions ended up in a failure, both moral - which resulted in a breakdown of the peace process in April 1994, and military - which resulted in a dramatic decision of withdrawing the UN forces from Rwanda in face of genocide ravaging the country. After 1994 the UN took part in humanitarian actions helping Rwandans to rebuilt their country.
In such a complex and uncertain world, it may help to think like a Hindu, and accept contradiction as more in keeping with social and political reality than is finding a right answer to complex policy puzzles. What is almost impossible for those trained within Western frames of reference is to grasp that there are diverse perspectives of understanding that may result in seemingly contradictory recommendations despite shared values and goals. Civilizational perspectives and personal experience inevitably color what we feel, think, and do, and so being likeminded when it comes abolishingnuclear weapons is often coupled with somewhat divergent views on what to advocate when it comes to tactics and priorities.In this spirit, this paper tries to depict a set of reasons why the goal of nuclear disarmament will never be reached so long as arms control and nonproliferation of nuclear weaponry are seen as the pillars of global stability in the nuclear age.
The United Nations and the North Atlantic Treaty Organization undoubtedly play a significant role in the forming of international relations. The dynamic character of the works, which are taken within the framework of these organization forced its members to create permanent diplomatic missions. Its main function is to make the participation of the member states as effective as possible. Being a member of both of above mentioned organizations, Poland had created its own permanent missions to them. This paper introduces the currect diplomatic stuff of the missions and their prerogatives. Another important issue of this article is to present and successes and losses of the permanent missions works.
The actions indicated above and taken by the United Nations and the European Union (in spite of their different international law status) argue that objectives attributed to international organisations are not only postulates, but a basis for actions taken specifically, both in the legal and actual dimension. Therefore, the main research objective adopted for this study was to bring them closer, with particular emphasis on the UN and the EU joint actions for international security. Due to the complexity and multifaceted nature of the discussed subject matter of these considerations, they will be confined to the T-306/01 Ahmed Ali Yusuf and Al Barakaat International Foundation case recognized by the EU Court of First Instance. In there, as in a lens, interrelationships between the international organisations in questions are concentrated; and not only in terms of international cooperation, but, more importantly, in terms of the principle of the primacy of the United Nations law over other legal regimes.
This paper seeks to provide a systematic analysis of the changing relations between financial institutions, banks in particular, and individuals in the 20th and 21st centuries. The first part of the study presents the history of relations between the state, financial institutions and individuals in the twentieth century, while the second part is devoted to the changes that have taken place internationally in this area in the 21st century in the activities of non-state actors, including financial institutions, as more and more often obligations in the field of human rights protection are being emphasised. The attribution of such responsibility indicates the fact that the international community is seeking to strengthen the protection of individual autonomy. This is also confirmed by the analysis of the final observations formulated by treaty bodies functioning within the UN system of human rights protection.
For me the history of the battle for fundamental values of our civilization began in the mid-1990s. At that time three major conferences took place: the International Conference on Population and Development in Cairo in 1994, the 1995 World Conference on Women in Beijing and the Conference on Human Settlements in Istanbul in 1996. Surprisingly to most governments and international public opinion they became the battlefield of the war of ideas, which was especially significant during the conferences in Cairo and Beijing. The liberal circles fiercely attacked traditional values which constitute the basis of the international order. Among others, it was the right to live and the institutional family which were especially attacked. There was even an attempt to replace the word family with partnership. The Polish delegation for the conference in Cairo was instructed not only to support the idea of strengthening the family as a basic unit of society, but also to insist on accepting the common definition of marriage as a union of a man and women and defend the position that abortion cannot be treated as a method of family planning or birth control. The discussion at the Cairo conference evolved into a battle for the right to kill unborn children as a method of family planning. Among the Holy See and Poland, it was the countries of Latin America and Muslim countries including African Muslim countries that spoke in defence of traditional values. At the Istanbul conference, also thanks to the Polish delegation, the family was acknowledged as a natural subject of housing policy. In the years 1999, 2000 and 2000 three UN special sessions were held: Cairo +5, Beijing +5 and Istanbul +5. The Polish representation played an important role and the instruction for the Cairo delegation was fulfilled and remains valid.Although the documents of UN Special Sessions are not legally binding for the UN member states they are important for UN policy agendas e.g. economic help for third world countries. It is possible to define the problem of famine as a one of the overpopulation and think of sending condoms to the starving as a solution. There is another consequence of such documents and their language: they influence the public opinion and, after some time, they have an impact on rules of law in the UN member states. That consequence indicates the importance of that battle for the quality of life in the contemporary world.
This paper seeks to demonstrate the gradual transformation that the United Nations peacekeeping has undergone during the post-Cold War era. The recent peacekeepers not only keep, but also build the peace in certain circumstances. The study investigates this shift from traditional peacekeeping to second generation peacekeeping by focusing on the peacekeeping concept, the historical evolution of the mission, the reasons behind this transformation, and the differences between those two types of missions from a comparative perspective as well as the future challenges.
In the last twenty years an increase in the number of armed conflicts can be observed. Every of these conflicts has a dangerous potential to trigger a conflict. It can be noticed that there are qualitative changes in the nature of conflicts, in that they are transforming from interstate to domestic ones. Therefore, the activity of civilian police within international peacekeeping operations is brought to the foreground. Teleology of conflict – interweaving of interests of many subjects, exerts a great multidimensional impact on internal conflicts. Unfortunately, at the same time, authors of works on the effectiveness of the activities of civilian police do not pay much attention to the issue of teleology of conflicts. It is still perceived in a simplified way, with two subjects- antagonists, as it is in the case of an interstate conflict.In the article, the classification of carriers of domestic armed conflicts teleology was offered. The division has been made into positive (tending to end the conflict)and negative components (fueling the flames of a conflict), as well as external and internal ones.There have been investigated both hidden and open interests of the subjects: ethnical and religious strata of local communities, organized crime, local police, political parties, local mass media. Ways of development and utilizing positive interests have been proposed. Moreover, there have been offered the ways to reveal and end negative interests by means of an international peacekeeping operation. The stages of such an operation are also presented.
The article presents modern military missions as a method of resolving conflicts. In the paper it was described, inter alia, the role of international armed forces and the League of Nations in order to maintain international security. The author described the operations conducted within the framework of the United Nations Organisation and peace-keeping operations of the organisation for security and co-operation in Europe. The article also deals with peace-keeping missions led by the European Union, especially: EUBAM Moldova (EU Border Assistance Mission to Moldova and Ukraine), EUFOR ALTHEA (EU Military Operation in Bosnia and Herzegovina), EULEX Kosovo (EU Rule of Law Mission in Kosovo), EUMM Georgia (EU Monitoring Mission), EUPM (EU Police Mission in Bosnia and Herzegovina), EUPOL Afghanistan (EU Police Mission in Afghanistan), EUPOL RD Congo (EU PoliceMission for the Democratic Republic of Congo), EU SSR Guinea-Bissau (EU Mission in Support of Security Sector Reform in the Republic of Guinea-Bissau), EUBAM Rafah (EU Border Assistance Mission at Rafah Crossing Point in the Palestinian Territories), EUJUST LEX — Iraq, EUNAVFOR ATALANTA — Somalia, EUPOL COPPS (EU Police Mission in the Palestinian Territories), EUSEC RD Congo (EU Mission for security reform in the Democratic Republic of Congo). The article also presents the NATO’s peace support operations.
The article highlights the activities of the United Nations and the UN Security Council during the Russian-Ukrainian war of 2014-2023 and the activity of Ukrainian diplomacy in defending Ukraine's independence and territorial integrity. The author analyses, in particular, the voting processes at the UN General Assembly and Security Council meetings on issues related to the Russian aggression against Ukraine and points out their ineffectiveness. The author emphasises the need to reform all UN activities in accordance with the current challenges of the global world in the context of the formation of a new, multipolar system of international relations. Particular attention is paid to the acute problem of transforming the most influential body of the United Nations - the Security Council, its structure and decision-making mechanisms, which have been based on the principle of division into permanent and non-permanent members since 1945. The principle of division into permanent and non-permanent members and veto power for the former - the United States, the USSR (and today its illegal successor, the Russian Federation), the People's Republic of China, France and the United Kingdom - no longer corresponds to current realities, as the exclusive possession of veto power by the leading players in world politics is a direct violation of the principle of equality of UN member states. The article also examines the active work of the Ministry of Foreign Affairs of Ukraine during the Russian war against Ukraine. It is not only about the realisation of the complex current tasks of expanding an effective pro-Ukrainian coalition in the world, restoring universal respect for the UN Charter and the equal rights of independent states and peoples, but also about the prospects for post-war arrangements in Europe and the world with Ukraine's active participation. It is concluded that Ukrainian diplomacy, in the difficult conditions of martial law and the crisis of the UN and the entire international security system, is quite adequately fulfilling its responsible mission of protecting Ukraine's national interests in the modern global world.
Operations under the auspices of the Security Council mandate span over 70 years. Repeatedly involved in resolving armed conflicts, they have made a significant contribution to ensuring security and stability around the world. In practice, they have taken the form of operations by individual states, coalitions, other international organizations or simply as United Nations missions composed of contingents provided by Troop Contribution Countries (TCC). While operations under the auspices of the United Nations have been involved on several occasions in offensive activities under Chapter VII of the Charter of the United Nations, and the question of responsibility for these actions has been the subject of many legal analyses and judgments, missions organized by the United Nations are always recognized as neutral, and their activities as conciliatory and focused on monitoring the cessation of hostilities, or supervising the disengagement between the parties of the conflict, with the use of force limited to self-defence. Thus, such operations benefited from legal protection, and any action against them was considered a violation of international law. The current engagement of United Nations goes far beyond the traditional understanding of peacekeeping operations. UN missions are frequently authorized to employ all necessary means, up to and including the use of lethal force or even neutralization of the armed group. This creates a situation where in the light of International Humanitarian Law, such actions can be recognized as involvement in armed conflict. This article is intended to show the problems that the international community will soon face to in using United Nations’ missions as an instrument for resolving armed conflicts and as a tool for restoring peace and providing stability and securityin the area of operations. It presents the processes of decision-making and subordination, which in some circumstances might result in the United Nations missions being deprived of legal protection and, in addition, made liable for non-compliance with the provisions of International Humanitarian Law.
The aim of the article is to answer the question on the role of the Charter of the United Nations for the international community, and in particular whether the Charter can be named the world constitution. The considerations upon this topic will be held from the perspective of the prohibition of the use of force. Thus, first of all, the prohibition itself should be briefly describe, in order to underline its absolute character and the fact that it was defined very broadly in the Charter. Secondly, one has to analyze the traits of the Charter as the potential constitutional act for the international community. Finally, these theoretical remarks will be referred to the states’ practice of application of the UN Charter. The conclusion stemming from such analysis indicates that the UN Charter may be formally named the world constitution, but in fact States do not treat obligations deriving from it as having any supreme power over their own national interests.
Drug crime is clearly increasingly organized especially in trade and production of narcotic and psychotropic substances. Individual members states of the European Union including the Czech Republic and also legislation pervading transnational or national planes, is trying to take the most effective legal means to combat the cited crime. Legal regulations, detection and investigation of that crime must also exhibit certain specifics with regard to their nature. The current legal regulation of drug crime in the Czech Republic is thus intertwined independently with international, EU, but also the national plane. The author in his paper describes to the readers an Europeanisation treatment of drug offenses in the Czech legal order in accordance with the requirements imposed on it by the European Union and international law. She also focuses on its sufficiency– where indeed the legal instruments are blended, wherein it is possible to find flaws. She also reflects the current legal situation in the Czech Republic. She presents to the readers current problems, especially identifying ranges of drugs and related difficulties consequential for the criminal practice.
The “post-cold war” world challenges the big issue of new threats to the international security system. Most of them are in connection to the phenomenon of fragile, disintegrated states (known as “failed states”), in which government does not control the state’s territory and deliver political goods to its inhabitants. This situation, when state loses its exclusive right to enforce law on its territory leads to the ongoing internal conflicts generally based on ethnic or religious tensions and threatens the local, regional and, possibly, global security. The paper looks at the matter of preventive diplomacy as one of the most successful tools in preventing the violent conflicts and mass atrocities. Author emphasises the need of the use of the mechanisms of preventive diplomacy not only enshrined in the Charter of The United Nations (mainly in Chapters VI and VIII of the Charter), but also those that can be described as a “measures to build confidence” among members of international community. The paper also examines the existence of the new concept of “The Responsibility to Protect” (R2P) within the tools and mechanisms of prevention. R2P is a holistic concept, which includes responsibility to prevent, react and rebuild, what is more, pointing out the primary responsibility of the state to protect its population and stressing that only if state is unwilling or unable to comply with its obligations of protection, the international community shall act in its place. To conclude, R2P, seen as a historical, new approach of international law, based on the principle that state sovereignty implies responsibility, can become an efficient response to the issue of deadly internal conflicts, especially on the level of prevention.
The notion of Human Security entered the most prominent international agenda in 1994. The moment could not be more conducive to the debate on human issues to broadly shift the debate towards security issues, and to include another safety approach. Admittedly, the early 1990s were largely marked by the end of the Cold War, which put a stop to the high level of insecurity between the states. At that time, although there were still tensions between states and intra-state units, there were populations in distress that had been neglected for a long time. The primary goal of this paper is to scrutinise a variety of official documents issued by the United Nations regarding human security, and, as part of the overriding objective of the research conducted, to look at the concept of Human Security and its applicability.
PL
Pojęcie human security weszło do agendy międzynarodowej w 1994 r. Moment nie mógł być bardziej sprzyjający dla przesunięcia debaty na temat spraw ludzkich w stronę problematyki bezpieczeństwa i uwzględnienia innego podejścia do bezpieczeństwa. Należy przyznać, że wczesne lata 90. były w dużej mierze naznaczone końcem zimnej wojny, co położyło kres wysokiemu poziomowi niepewności między państwami. W tym czasie, chociaż nadal istniały napięcia między państwami i jednostkami wewnątrzpaństwowymi, były populacje zaniedbywane przez długi czas w kwestiach bezpieczeństwa. Głównym celem artykułu jest analiza różnorodnych oficjalnych dokumentów wydanych przez ONZ dotyczących human security oraz, w ramach nadrzędnego celu prowadzonych badań, przyjrzenie się koncepcji human security i jej zastosowaniu.
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