Russia’s invasion of Ukraine which commenced on 24 February 2022 represented just the latest, alb... more Russia’s invasion of Ukraine which commenced on 24 February 2022 represented just the latest, albeit most devastating, intervention in a neighbouring former Soviet state. This article considers the legal justifications for Russia’s actions and finds them to be far from satisfactory. The claims advanced by Russia closely mirror those made in respect of its prior interventions in the former Soviet space, underlining an attempt to distort some of the most fundamental norms of international law in order to afford an air of legitimacy to its actions. Although it is too soon to conclude with any certainty what the longer term implications of the recent conflict will be, both politically and legally, it is apparent that it can be seen as part of a wider policy objective on Russia’s part to maintain and/or reassert influence over its ‘near abroad’. While in some respects indicative of the possible emergence of a new ‘Cold War’, the international reaction to its intervention in Ukraine sugge...
In June 2016, the UK voted in a referendum by a 52%-48% margin to leave the European Union. Ever ... more In June 2016, the UK voted in a referendum by a 52%-48% margin to leave the European Union. Ever since, the process for the UK’s withdrawal from the EU has dominated political debates. It is quite clear that the issue of “Brexit” has divided the UK’s population, parliament, political parties and the government itself. While the UK has yet to leave the EU, it is nonetheless possible to make a number of observations on the factors resulting in the outcome of the 2016 referendum and developments since. This article seeks to place Brexit within its broader context. It attempts to make sense of the 2016 referendum vote and the subsequent withdrawal process by reference to a broader understanding of the UK’s constitutional framework and the longer term history of relations between the UK and EU, as well as considering the possible future implications of Brexit for the UK, the EU and the wider world. Although it remains unclear how the Brexit process will conclude, it is apparent that its ...
The International Journal of Human Rights, Jan 1, 2008
Although a right of conscientious objection to military service became widely recognised within t... more Although a right of conscientious objection to military service became widely recognised within the twentieth century, selective conscientious objection has always proven more controversial. In the aftermath of fresh claims of selective conscientious objection arising out of the Iraq ‘war’, and what is argued to be a changing context to conflict and conscientious objection, this paper sets out to reconsider the case for granting protection to military personnel who object to deployment within specific conflict situations. It is contended that in principle selective conscientious objectors should be afforded recognition by the law in the same way that absolute conscientious objectors can be. However, although it is possible to establish limited grounds upon which such a right might be recognised, the perceived constitutional consequences of such an approach make it highly unlikely that selective conscientious objection will be treated sympathetically by either courts or government.
The increased burden placed upon the UN Security Council in the post-Cold War era in respect of i... more The increased burden placed upon the UN Security Council in the post-Cold War era in respect of its discharge of its primary responsibility for the maintenance of international peace and security has fuelled calls for the greater use of regional arrangements as agents of the Council, to relieve its burden. However, the various agendas and capabilities of different arrangements make it difficult to adopt a uniform template of the role which regional arrangements can play as conductors of peace support operations authorised by the Security Council. This article attempts to provide a framework against which the potential role of different arrangements as viable agents to which the Security Council can entrust military enforcement operations, before going on to assess how selected African and European organisations fare against this framework. It will be demonstrated that when assessed against this framework, the organisations selected for comparison are remarkably similar.
Russia’s invasion of Ukraine which commenced on 24 February 2022 represented just the latest, alb... more Russia’s invasion of Ukraine which commenced on 24 February 2022 represented just the latest, albeit most devastating, intervention in a neighbouring former Soviet state. This article considers the legal justifications for Russia’s actions and finds them to be far from satisfactory. The claims advanced by Russia closely mirror those made in respect of its prior interventions in the former Soviet space, underlining an attempt to distort some of the most fundamental norms of international law in order to afford an air of legitimacy to its actions. Although it is too soon to conclude with any certainty what the longer term implications of the recent conflict will be, both politically and legally, it is apparent that it can be seen as part of a wider policy objective on Russia’s part to maintain and/or reassert influence over its ‘near abroad’. While in some respects indicative of the possible emergence of a new ‘Cold War’, the international reaction to its intervention in Ukraine sugge...
In June 2016, the UK voted in a referendum by a 52%-48% margin to leave the European Union. Ever ... more In June 2016, the UK voted in a referendum by a 52%-48% margin to leave the European Union. Ever since, the process for the UK’s withdrawal from the EU has dominated political debates. It is quite clear that the issue of “Brexit” has divided the UK’s population, parliament, political parties and the government itself. While the UK has yet to leave the EU, it is nonetheless possible to make a number of observations on the factors resulting in the outcome of the 2016 referendum and developments since. This article seeks to place Brexit within its broader context. It attempts to make sense of the 2016 referendum vote and the subsequent withdrawal process by reference to a broader understanding of the UK’s constitutional framework and the longer term history of relations between the UK and EU, as well as considering the possible future implications of Brexit for the UK, the EU and the wider world. Although it remains unclear how the Brexit process will conclude, it is apparent that its ...
The International Journal of Human Rights, Jan 1, 2008
Although a right of conscientious objection to military service became widely recognised within t... more Although a right of conscientious objection to military service became widely recognised within the twentieth century, selective conscientious objection has always proven more controversial. In the aftermath of fresh claims of selective conscientious objection arising out of the Iraq ‘war’, and what is argued to be a changing context to conflict and conscientious objection, this paper sets out to reconsider the case for granting protection to military personnel who object to deployment within specific conflict situations. It is contended that in principle selective conscientious objectors should be afforded recognition by the law in the same way that absolute conscientious objectors can be. However, although it is possible to establish limited grounds upon which such a right might be recognised, the perceived constitutional consequences of such an approach make it highly unlikely that selective conscientious objection will be treated sympathetically by either courts or government.
The increased burden placed upon the UN Security Council in the post-Cold War era in respect of i... more The increased burden placed upon the UN Security Council in the post-Cold War era in respect of its discharge of its primary responsibility for the maintenance of international peace and security has fuelled calls for the greater use of regional arrangements as agents of the Council, to relieve its burden. However, the various agendas and capabilities of different arrangements make it difficult to adopt a uniform template of the role which regional arrangements can play as conductors of peace support operations authorised by the Security Council. This article attempts to provide a framework against which the potential role of different arrangements as viable agents to which the Security Council can entrust military enforcement operations, before going on to assess how selected African and European organisations fare against this framework. It will be demonstrated that when assessed against this framework, the organisations selected for comparison are remarkably similar.
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