New volume in the MPI Luxembourg Book Series: The Rule of Law and Its Application to the United Nations / Clemens A. Feinäugle (ed.)
The rule of law applies to the United Nations and should guide all its activities. This is the key statement of Resolution 67/1 adopted by the General Assembly on 24 September 2012. As much as the Resolution seems to be a long-awaited breakthrough, it actually raises more questions than answers: Is there such a thing as the rule of law at the international level? How is it defined? Is the rule of law relevant for the activities of the United Nations which have external effects such as sanctions and peacekeeping operations? What does it mean for the internal administration of the United Nations and its justice system?
The book is the result of the conference ‘The Rule of Law and Its Application to the United Nations’ held at the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law. It contains contributions by academics and practitioners including United Nations officials and explores if and to what extent the rule of law plays a role for the different external and internal activities of the United Nations.
Contents: Introduction, CLEMENS A FEINÄUGLE; The Rule of Law and the Debate on it in the United Nations, EDRIC SELOUS; Theoretical Approaches to the Rule of Law and Its Application to the United Nations, CLEMENS A FEINÄUGLE; The Rule of Law Internationally, ROBERT McCORQUODALE; United Nations Sanctions and the Rule of Law, MATTHEW HAPPOLD; Ensuring Respect for the Rule of Law in the Elaboration and Implementation of UN Sanctions, A Comment on Matthew Happold, D STEPHEN MATHIAS; The Application of the Rule of Law to United Nations Peacekeeping Operations, D STEPHEN MATHIAS; A Rights-based Approach to the Rule of Law in International Law, A Comment on Stephen Mathias, HOLGER P HESTERMEYER; The UN Administration of Territories: The Mission in Kosovo and the Rule of Law, ERNST U TSCHOEPKE; Lip-service to the Rule of Law in the Administration of Kosovo: The Limited Accountability of UNMIK for Human Rights Violations, A Comment on Ernst U Tschoepke, ERIKA DE WET; Human Rights and The Rule of Law as Applicable to the UNSC: Implications for the right to a Fair Hearing, ERIKA DE WET; Human Rights and the Rule of Law as Applicable to the UNSC: Implications for the Rights to a Fair Hearing, A Comment on Erika De Wet, JANELLE DILLER; The Rule of Law, Development and the United Nations, EDRIC SELOUS; The Responsibility of the UN and the International Rule of Law, JANELLE M DILLER; The Responsibility of the UN and the International Rule of Law, A Comment on Janelle Diller, MATTHEW HAPPOLD; Enforcement versus Immunities in the United Nations: Rule of LAW PERSPECTIVE, GIAN LUCA BURCI; Cholera in Haiti: Lethal to UN’s Absolute Jurisdictional Immunity?, A Comment on Gian Luca Burci, EDITH WAGNER; The United Nations and the (Internal) Administration of Justice, THOMAS LAKER; The International Rule of Law and the Social Legitimacy of International Dispute Resolution Mechanisms, A Comment on Thomas Laker, GEORGIOS DIMITROPOULOS; The International Court of Justice and the Rule of Law, CLEMENS A FEINÄUGLE.
More information can be found here.
