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You searched for +publisher:"University of Adelaide" +contributor:("LaForgia, Rebecca"). Showing records 1 – 2 of 2 total matches.

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University of Adelaide

1. Paige, Tamsin Phillipa. Petulant and contrary: approaches by the Permanent Five members of the Security Council to the concept of ‘Threat to the Peace’ under Article 39 of the UN Charter.

Degree: 2018, University of Adelaide

As both a political concept and a legal consequence, a determination that a ‘threat to the peace’ exists in a given situation has unparalleled ramifications—including enlivening the United Nations Security Council’s (UNSC) powers and authorities under Chapter VII, which can in turn provide a foundation for military intervention. But for all of its political context and content, the UNSC’s authority to make this threshold determination regarding the existence of a ‘threat to the peace’ is a legal obligation and does not receive a totally unfettered discretion. Such decisions must, among other requirements, at the very least remain within the limits of the Purposes and Principles of the Charter. Further, the ability to determine whether a ‘threat to the peace’ exists forms the normative cornerstone of the Security Council’s mandate to maintain international peace and security. Situations in which the Security Council has opted to determine that a ‘threat to the peace’ exists are wide-ranging, and have included human rights violations in South Africa during apartheid, refugee concerns, international armed conflict, terrorism, civil war and the defence of democracy. Aside from Article 51 of the United Nations (UN) Charter, a UNSC authorisation under Articles 39‒42 in Chapter VII is the only exception to the prohibition of the use of force provided for in Article 2(4) of the UN Charter. To authorise military intervention within a given situation, particularly when using its Article 42 authority, the Security Council must first determine whether that situation constitutes a ‘threat to the peace’ under Article 39 of the Charter. The Charter has long been interpreted as placing few restrictions around how the Security Council arrives at such determinations; indeed, the phrase ‘threat to the peace’ was left intentionally undefined during the drafting of the UN Charter. Commentators have thus hypothesised that the phrase ‘threat to the peace’ is undefinable in nature and that such decisions are fluid, arbitrary and lacking in consistency. This thesis tests this hypothesis by undertaking critical discourse analysis of the Permanent Five’s (P5) justificatory discourse surrounding individual decisions of this nature, and then performing a meta-synthesis of the case studies to demonstrate that each P5 member approaches the question in a very consistent manner, and that each member’s consistent approach shows that they all have a working legal definition of what the phrase ‘threat to the peace’ means in the context of Article 39 of the UN Charter. The flow-on effect of this is that a Security Council-wide definition of ‘threat to the peace’ exists in a middle ground of these five national understandings. This in turn allows for greater levels of predictability when trying to ascertain when the Security Council will choose to act. Advisors/Committee Members: Stephens, Dale (advisor), LaForgia, Rebecca (advisor), Adelaide Law School (school).

Subjects/Keywords: UN Security Council; threat to the peace; International Law; sociology of law; meta-synthesis

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

Paige, T. P. (2018). Petulant and contrary: approaches by the Permanent Five members of the Security Council to the concept of ‘Threat to the Peace’ under Article 39 of the UN Charter. (Thesis). University of Adelaide. Retrieved from http://hdl.handle.net/2440/114434

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16th Edition):

Paige, Tamsin Phillipa. “Petulant and contrary: approaches by the Permanent Five members of the Security Council to the concept of ‘Threat to the Peace’ under Article 39 of the UN Charter.” 2018. Thesis, University of Adelaide. Accessed July 22, 2019. http://hdl.handle.net/2440/114434.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7th Edition):

Paige, Tamsin Phillipa. “Petulant and contrary: approaches by the Permanent Five members of the Security Council to the concept of ‘Threat to the Peace’ under Article 39 of the UN Charter.” 2018. Web. 22 Jul 2019.

Vancouver:

Paige TP. Petulant and contrary: approaches by the Permanent Five members of the Security Council to the concept of ‘Threat to the Peace’ under Article 39 of the UN Charter. [Internet] [Thesis]. University of Adelaide; 2018. [cited 2019 Jul 22]. Available from: http://hdl.handle.net/2440/114434.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Paige TP. Petulant and contrary: approaches by the Permanent Five members of the Security Council to the concept of ‘Threat to the Peace’ under Article 39 of the UN Charter. [Thesis]. University of Adelaide; 2018. Available from: http://hdl.handle.net/2440/114434

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation


University of Adelaide

2. Henderson, Stacey Lee. Permission to intercede or sovereignty supreme?: the influence of R2P on non- forceful responses to atrocity crimes.

Degree: 2018, University of Adelaide

Is it acceptable in the 21st century to require the international community to do nothing when atrocity crimes are being committed? The international law principles of sovereignty and non-intervention, when taken at their highest, require States to stand idle and not intervene in another State regardless of what atrocities may be occurring there. This traditional legal view is being challenged by an emerging practice of States choosing to act, inspired by the concept of the responsibility to protect (‘R2P’). Drawing on R2P, this thesis introduces and develops an original conceptual tool – intercession – to capture and explain the significant change in State practice in recent years as to the increasing utilisation of measures less than force taken by the international community in response to the commission or anticipation of atrocity crimes occurring in other States. While a great deal of existing scholarship has focussed on the coercive aspects of R2P, equating R2P with the use of military force, this thesis builds upon a smaller body of scholarship which focuses on the non-forcible aspects of R2P. This thesis argues that its conceptual framework of intercession can explain this new State practice, which has led to an expansion in both the permissible measures and situations in which States can intervene, without using force, in response to atrocity crimes occurring in other States, and a simultaneous restraint on the formulation and imposition of those measures. In doing so, this thesis undertakes novel and important research. This thesis includes three case studies, which have been chosen to demonstrate intercession at work in different ways across diverse areas of international law. Through a detailed examination of recent State practice, each of the case studies demonstrates the accordion effect of intercession – an increase in permissible State responses to atrocity crimes occurring in other States, coupled with restraint exercised by States in the formulation and implementation of those responses. The first case study – sanctions – demonstrates that R2P now permits States to impose regional or unilateral sanctions (measures of intercession) in response to atrocity crimes that would previously have been impermissible, indicating an emerging change to the boundaries of the customary international law principle of non-intervention. This case study also demonstrates restraint on the part of regional organisations and States in formulating and imposing sanctions in such a way that they minimise impacts on the general population. The second case study – assistance to opposition groups – reveals an evolution in the customary norm of non-intervention, in that States can now intervene in conflicts earlier, and lawfully take more measures, to respond to atrocity crimes by assisting opposition groups. This case study also demonstrates self-restraint in the provision of expanded forms of assistance to opposition groups. The third case study – the Arms Trade Treaty – shows the influence of intercession under R2P on… Advisors/Committee Members: Stubbs, Matthew Thomas (advisor), Stephens, Dale (advisor), LaForgia, Rebecca (advisor), Adelaide Law School (school).

Subjects/Keywords: international law; responsibility to protect; R2P

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APA · Chicago · MLA · Vancouver · CSE | Export to Zotero / EndNote / Reference Manager

APA (6th Edition):

Henderson, S. L. (2018). Permission to intercede or sovereignty supreme?: the influence of R2P on non- forceful responses to atrocity crimes. (Thesis). University of Adelaide. Retrieved from http://hdl.handle.net/2440/113590

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Chicago Manual of Style (16th Edition):

Henderson, Stacey Lee. “Permission to intercede or sovereignty supreme?: the influence of R2P on non- forceful responses to atrocity crimes.” 2018. Thesis, University of Adelaide. Accessed July 22, 2019. http://hdl.handle.net/2440/113590.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

MLA Handbook (7th Edition):

Henderson, Stacey Lee. “Permission to intercede or sovereignty supreme?: the influence of R2P on non- forceful responses to atrocity crimes.” 2018. Web. 22 Jul 2019.

Vancouver:

Henderson SL. Permission to intercede or sovereignty supreme?: the influence of R2P on non- forceful responses to atrocity crimes. [Internet] [Thesis]. University of Adelaide; 2018. [cited 2019 Jul 22]. Available from: http://hdl.handle.net/2440/113590.

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

Council of Science Editors:

Henderson SL. Permission to intercede or sovereignty supreme?: the influence of R2P on non- forceful responses to atrocity crimes. [Thesis]. University of Adelaide; 2018. Available from: http://hdl.handle.net/2440/113590

Note: this citation may be lacking information needed for this citation format:
Not specified: Masters Thesis or Doctoral Dissertation

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