The Law of the United Nations as Applied to Intervention Within the Frame Work of Article 2, Paragraph 7 of the Un Charter: A Comparative Analysis of

ISBN-13: 9781490759272 / Angielski / Miękka / 2015 / 236 str.

Agola Auma-Osolo

Opis

Ever since the first generation of man, whereby our first patriarch, Adam, and matriarch, Eve, were commanded by God on what to do if they were to live and enjoy a happy life of perpetual peace and prosperity (Genesis 2: 16-17) right up to our own generation today (2014), numerous prophets, prophetesses, philosophers, statesmen, scientists, and jurists alike have also arisen echoing the same. These include, for example, Hosea, Isaiah, Micah, Samuel, Jeremiah,etc. (prophets); Miriam, Deborah, Anna, etc. (prophetesses); Confucious, Socrates, Zeno, Thomas Hobbes, Jeremy Bentham, John Stuart Mill, John Locke, etc. (philosophers); Ur-Num, Hammurabi, Marcus Tullis Cicero, Woodrow Wilson, Mohandas Karamchand Gandhi, Marcus Garvey, Rev. Dr. Martin Luther King Jr., Kwame Nkrumah, Patrice Lumumba, Nelson Madiba Mandela, etc. (statesmen); Hugo Grotius, L. Oppenheim, H. Lauterpacht, Hans Kelsen, Louis B. Sohn, etc (jurists); Albert Einstein, Inis L. Claude Jr., Robert J. Oppenheimer, Sir Norman Angell, Raymond Aron, Henri Saint-Simon, Immanuel Kant, David Easton, etc (scientists); and more so, the Founding Fathers of The United Nations in 1945. But like Gods effort, all their efforts also have fallen on mans deaf ears, leading humanity to a perpetual perish (Hosea 4:6). Using a case study methodology, this book has established that various forms of conflict perennially scourging the international community are influenced by obsessive self-seeking political passions for national interest defined in terms of power; that these passions are cunningly packaged in dangerous principles of sovereign equality and domestic jurisdiction and the doctrine of survival of the fittest; that it is these viruses that have always undermined and consequently retarded the United Nations efforts to realize fully its mandate as the chief custodian of world peace and security as was intended by its Founding Fathers in 1945 when all nation-states had already proved totally incapable of achieving this elusive goal, thus leading to the eruption of both World War I and II; that this tragedy is a function of mans paradoxical nature, his appetite for both peace and war; that although man is endowed with a unique natural ability to listen and understand better than all other members of the animal kingdom, unfortunately, like Adam and Eve, man is a perpetual hostage to his own double standard nature, which consequently does not allow him to pass an acid test on the virtue of pacta sunt servanda (honesty); and finally that this is why the wishes of the Founding Fathers of the United Nations contained in both the preamble and entire charter have always failed to bear fruit in full since its inception. Hence, an urgent need for an emergency revival of the original concept of this world bodys role by depreciating the existing dangerous supremacy of nation-states sovereignty and legitimacy in appreciation of the sovereignty and legitimacy of the United Nations as a panacea. This pragmatic innovation is cost-effective and, therefore, extremely necessary. Like a nation-states effectively authoritative responsibility over its intercitizen interaction within its respective nation-state jurisdiction, this newly revitalized world body could similarly possess an effectively authoritative responsibility over its interstate interaction, including acts of all nonstate actors within its international jurisdiction. Also, it would be able to contain both those viruses stated above and pathological tendencies of certain temporary insane actor(s) from emotionally resorting to thermonuclear, biological, or any other means of suicide mass terrorism/ genocide as ones payoff option to the source(s) of ones long helpless frustration and suffering that could consequently lead humanity to an automatic global Doomsday simply because of absence of such a needed world body to serve as an umpire for all in conformity with the wishes of the UN Founding Fathers.