LW806-7-SP-CO:
Conflict and the United Nations: the Law related to the Use of Force, Sanctions and Peacekeeping
2023/24
Essex Law School
Colchester Campus
Spring
Postgraduate: Level 7
Current
Monday 15 January 2024
Friday 22 March 2024
15
19 October 2023
Requisites for this module
(none)
(none)
(none)
(none)
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This module will develop students`understanding of the international law and practice relating to the regulation of conflict, with a particular emphasis on the role of the United Nations. The module focuses on two principal areas:
1. the law relating to the use of force (the jus ad bellum), including questions relating to self-defence, anticipatory self-defence, the deployment of UN forces (or UN-mandated coalitions), and whether the use of force may be required in certain circumstances, and;
2. United Nations-led efforts to address threats to international peace and security, with a particular focus on the deployment of UN forces in peacekeeping and peace enforcement contexts, and the use of sanctions.
Article 2(4) of the United Nations Charter prohibits `the threat or use of force against the territorial integrity or political independence of any state`. This prohibition is a foundational principle of the modern international order. However, it is subject to two notable exceptions:
1. Article 42 of the UN Charter establishes that the UN Security Council may authorise the use of force in order to maintain or restore international peace and security;
2. Article 51 of the UN Charter acknowledges States` inherent right to individual or collective self-defence, `if an armed attack occurs`.
This module will develop students' understanding of the international law and practice relating to the regulation of conflict, with a particular emphasis on the role of the United Nations.
The module focuses on two principal areas:
* the law relating to the use of force (the jus ad bellum), including questions relating to self-defence, anticipatory self-defence, the deployment of UN forces (or UN-mandated coalitions), and whether the use of force may be required in certain circumstances, and
* United Nations-led efforts to address threats to international peace and security, with a particular focus on the deployment of UN forces in peacekeeping and peace enforcement contexts, and the use of sanctions.
Article 2(4) of the United Nations Charter prohibits 'the threat or use of force against the territorial integrity or political independence of any state'. This prohibition is a foundational principle of the modern international order. However, it is subject to two notable exceptions:
* Article 42 of the UN Charter establishes that the UN Security Council may authorise the use of force in order to maintain or restore international peace and security;
* Article 51 of the UN Charter acknowledges States' inherent right to individual or collective self-defence, 'if an armed attack occurs'.
This module will develop students understanding of how public international law, international human rights law, international law of armed conflict, and other relevant laws apply to peace operations. This will also require students to develop an understanding of the institutional law of the United Nations. As well as covering the foundational legal aspects of peace operations, the module will focus on some key unresolved legal issues. By their nature peace operations can be politically difficult, which in turn has had an impact on the role of law. Students will be encouraged to consider and debate the role of international law in achieving international peace, human rights and security.
The final component of the module addresses the use of sanctions by the United Nations, as measures intended to restore or maintain international peace and security. Sanctions are particularly relevant in the context of counter-terrorism efforts, although their use may have significant human rights implications.
Module outline and structure
The module will cover the key areas set out below. The emphasis will be on understanding the relevant legal frameworks and doctrinal questions, and the practical issues arising. The seminars will address:
1. Introduction to jus ad bellum and the UN collective security system
2. Self-defence as justification for the use of force
3. Humanitarian intervention and the responsibility to protect
4. Sanctions
5. Legal basis, history and mandates of UN peace operations
6. UN missions and personnel: Status, privileges and immunities, institutional rules and regulations
7. The law of armed conflict, international human rights law, and peace operations
8. The use of force in peace operations
9. Accountability for misconduct
This module is taught via weekly seminars. Students are required to read, and engage with, the material in advance, and debate and discussion of the relevant topics is encouraged, both in, and outside, class. Specific issues will be examined and discussed during the seminar by reference to various case studies.
This module does not appear to have a published bibliography for this year.
Assessment items, weightings and deadlines
| Coursework / exam |
Description |
Deadline |
Coursework weighting |
| Exam |
Main exam: In-Person, Open Book (Restricted), 180 minutes during Summer (Main Period)
|
| Exam |
Reassessment Main exam: In-Person, Open Book (Restricted), 180 minutes during January
|
| Exam |
Reassessment Main exam: In-Person, Open Book (Restricted), 180 minutes during September (Reassessment Period)
|
Exam format definitions
- Remote, open book: Your exam will take place remotely via an online learning platform. You may refer to any physical or electronic materials during the exam.
- In-person, open book: Your exam will take place on campus under invigilation. You may refer to any physical materials such as paper study notes or a textbook during the exam. Electronic devices may not be used in the exam.
- In-person, open book (restricted): The exam will take place on campus under invigilation. You may refer only to specific physical materials such as a named textbook during the exam. Permitted materials will be specified by your department. Electronic devices may not be used in the exam.
- In-person, closed book: The exam will take place on campus under invigilation. You may not refer to any physical materials or electronic devices during the exam. There may be times when a paper dictionary,
for example, may be permitted in an otherwise closed book exam. Any exceptions will be specified by your department.
Your department will provide further guidance before your exams.
Overall assessment
Reassessment
Module supervisor and teaching staff
Dr Tuba Turan, email: tturan@essex.ac.uk.
Law Education Office, pgtlawqueries@essex.ac.uk
Yes
Yes
Yes
No external examiner information available for this module.
Available via Moodle
Of 18 hours, 12 (66.7%) hours available to students:
0 hours not recorded due to service coverage or fault;
6 hours not recorded due to opt-out by lecturer(s), module, or event type.
Essex Law School
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