The constitutional crisis in the United Nations

Article Abstract:

The UN Security Council has taken a more powerful and active role in resolving international conflicts now that concerted Member action has replaced Cold War-induced gridlock. This situation raises new concerns regarding the source of authority for Security Council actions, especially when those actions conflict with powers exercised by other UN bodies such as the International Court of Justice. The Lockerbie dispute concerning the extradition of suspected Libyan terrorists illustrates such a conflict and suggests that the future legitimacy of UN action depends on determining the proper allocation of powers within the organization.

Cases, Powers and duties, Pan Am Flight 103 Bombing Incident, 1988

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Haiti and the validity of international action

Article Abstract:

Criticisms of UN Security Council Resolution 940, authorizing intervention in Haiti, are not well-founded. The human rights violations in Haiti were severe enough to constitute a threat to peace, justifying collective response, as was established long before in the case of Rhodesia. Haiti's sovereignty would not be violated by intervention because the military government in power was not legitimate. The intervention had the limited objective of reinstating the civilian government, and could not be expected to solve all the country's social problems. Furthermore, failure to act would damage the credibility of both the UN and the US.

Analysis, International relations, Haiti, Haitian foreign relations, Intervention (International law), Military intervention

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Protecting indigenous rights in international adjudication

Article Abstract:

The International Court of Justice should revise its practices to recognize the rights of indigenous peoples in international adjudication. The court should consider indigenous rights as a substantive issue in boundary and territorial disputes, whether or not the claims of indigenous peoples are raised by the litigating states. The parties' premises and terms of reference should be examined for their compatibility with contemporary standards of international law. The court should also make efforts to remedy indigenous peoples' lack of standing.

Editorial, International aspects, Social policy, International Court of Justice (The Hague, Netherlands), Indigenous peoples

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