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LL.M. (International Law) / Since 1945 there has been a noticeable broadening of what constitutes a threat to international peace and security. Traditionally, the definition of “threat to international peace” was limited to a conflict among nations, which were conflicts common in the world. The core threat to international peace used to be organized inter-state conflicts only. Today however, the nature of threats to international peace has changed drastically to include internal conflicts – as there are examples of cases where these have spread across the borders or have led to massive refugee situations. In this dissertation, I review the mandate of the United Nation’s inter alia the changing definition of ‘threat to international peace’.

"Mémoire présenté à la Faculté des études supérieures En vue de l'obtention du grade de Maître en droit (L.L.M)" / L'interprétation est un domaine du droit très complexe, dont l'intérêt est de définir ou de déterminer le sens et la portée des règles de droit en vigueur. L'interprétation va ainsi clarifier un texte juridique. Là où l'obscur réside, l'interprétation, telle une lanterne, vient éclaircir l'acte juridique. L'interprète aura alors recours à une argumentation pour convaincre son auditoire. Certains États interpréteront de manière extensive les textes juridiques. Ce phénomène se constate notamment au moment de l'interprétation des résolutions du Conseil de sécurité. Face au pouvoir discrétionnaire des États, la mise en place d'un régime juridique donné éviterait toutes interprétations abusives. La première partie de cette étude aura pour objet d'étudier les différentes règles en matière d'interprétation, telles précisées dans la Convention de Vienne sur le droit des traités de 1969. La deuxième partie sera consacrée d'une part à un historique des résolutions du Conseil de sécurité et d'autre part à l'application des règles d'interprétation à deux études de cas. L'historique retracera l'évolution des résolutions avec comme césure la fin de la Guerre Froide. Ensuite, nous verrons à travers deux exemples, comment les États peuvent interpréter de manière extensive, voir abusive les résolutions du Conseil de sécurité. Ces études de cas nous conduiront à étudier la pertinence de l'argumentaire utilisé par les États pour justifier leur interprétation. Ceci aura pour intérêt de montrer le rôle stratégique du phénomène interprétatif pour la mise en oeuvre des intérêts étatiques. Cela permettra d'ouvrir une réflexion sur le contrôle de la légalité des résolutions du Conseil de sécurité, ce dernier devenant nécessaire face à la liberté dont jouie le Conseil. Ce contrôle permettrait d'une part de rétablir un équilibre organique au sein du système onusien, et il permettrait d'autre part de redorer le blason du Conseil de sécurité en lui conférant une certaine légitimité. / Interpretation is a very complex dimension of law whose relevance lies in defining or determining the meaning and the scope of the legal mIes. In this respect, interpretation elucidates a judicial text. Where obscurity lies, interpretation -like a lantem- brings light to the judicial act. The interpreter will thus resort to argumentation in order to convince the « interpretative community ». Sorne States will not hesitate to interpret judicial texts in a broad manner. This phenomenon can better be observed in the interpretation of Security Council resolutions. Faced with the discretionary powers of States, the creation of a judicial framework would bring to an end most instances of abusive interpretations. Part 1 studies the several mIes in of interpretation as established by the 1969 Vienna Convention on the Rights of Treaties. Part II will focus on both the history of the Security Council resolutions of and the application of the interpretation mIes of the Vienna Convention in light of two cases. The historical overview will retrieve the evolution of the resolutions until the end of the Cold War. Following this, we will see through the examples of the Kosovo and Iraq conflicts, how broadly, and even abusively, States can interpret Security Council resolutions. The two case studies will lead us to an analysis of the pertinence of the argumentation used by the States to justify their interpretation. This will show the strategie role that the interpretative phenomena play in the carrying out of State interests. It will lead to a reflection on the control of the legality of Security Council resolutions, a control necessary considering the liberty that the Council currently enjoys. On the one hand, this control would allow to reestablish an organic equilibrium within the UN. On the other hand, it would enhance the Security Council's image by conferring on it a certain legitimacy.

"Chapter VI of the United Nations Charter deals with the pacific settlement of disputes. This is the chapter that contains the basis for keeping the peace between nations. The purpose of this paper is to determine, as nearly as possible, the extent to which it has been successful in keeping the peace. The following material has been divided into three parts or sections. Section II is a discussion of the six articles of Chapter VI. This discussion was considered necessary in order that the different cases that have been before the Security Council could be discussed intelligently. In Section III an attempt is made to summarize the most important cases that have been before the Council. An effort was made to secure a sampling sufficient to justify the remarks and conclusions in Section IV"--Introduction. / Typescript. / "June, 1948." / "Submitted to the Graduate Council of Florida State University in partial fulfillment of the requirements for the degree of Master of Arts under Plan II." / Advisor: Marian D. Irish, Professor Directing Paper. / Includes bibliographical references.

O presente trabalho tem por objetivo analisar as mudanças institucionais ocorridas no Conselho de Segurança Nacional dos Estados Unidos entre 2001 e 2016. Ele se enquadra nas Resoluções nº 114/2014 e 115/2014 da Câmara de Pós-Graduação da Universidade Federal do Rio Grande do Sul e, portanto, é dividido em três partes. A PARTE I é composta por uma contextualização do objeto, contendo uma descrição geral do objetivo do trabalho, bem como a delimitação do objeto, marco teórico, e marco temporal. A PARTE II é comporta pelo artigo em si, que analisa as mudanças no sistema do Conselho de Segurança Nacional dos Estados Unidos através das administrações dos presidentes George W. Bush (2001-2008) e Barack Obama (2008-2016). O objetivo é demonstrar que mudanças em agencias de segurança nacional podem ser pontuais ou incrementais, dependendo das suas causas e consequências. Para tal, foram utilizadas técnicas de analise qualitativa e teoria do equilíbrio pontuado no exame de documentos oficiais e registros públicos. Primeiro, uma matriz institucional formada por normas, organizações, regras, capacidades e incentivos foi usada para comparar as mudanças no Conselho de Segurança Nacional para comparar as mudanças nas duas presidências. Em seguida, possíveis causas de mudanças selecionadas foram identificadas – design original da agencia, interesses dos atores burocráticos, ou eventos externos –, e finalmente, determinamos as consequências que essas mudanças podem ter para instituições ou politicas. A PARTE III apresenta a descrição da agenda de pesquisa a ser seguida. / This paper aims to analyze the institutional changes that took place in the National Security Council of the United States between 2001 and 2016. It is in accordance with Resolutions 114/2014 and 115/2014 of the Universidade Federal do Rio Grande do Sul, and therefore is divided into three parts. PART I is composed of a contextualization of the object, containing a general description of the objective of the work, as well as the delimitation of the object, theoretical framework, and time frame. PART II is composed by the article itself, which analyzes the changes in the system of the United States National Security Council through the administrations of Presidents George W. Bush (2001-2008) and Barack Obama (2008-2016). The objective is to demonstrate that changes in national security agencies can be punctual or incremental, depending on their causes and consequences. In order to do so we used techniques of qualitative analysis and theory of punctuated equilibrium in the examination of official documents and public records. First, an institutional matrix consisting of norms, organizations, rules, capabilities, and incentives was used to compare changes in the National Security Council to compare changes in the two presidencies. Then, possible causes for selected changes have been identified - original agency design, bureaucratic actors’ interests, or external events - and finally we determine the consequences that such changes can have for institutions or policies. PART III presents the description of the research agenda to be followed.

Since the end of the Cold War, the United Nations Security Council (‘UNSC’) has taken a leading role in investigating atrocities. Yet, the UNSC has only investigated atrocities committed in eleven out of the ninety-two states that have experienced atrocities during this period. This dissertation examines the reasons behind this disparity. To do so, this dissertation examines how past studies on atrocities investigations do not account for the work of the UNSC in this field, and how past studies on the UNSC cannot explain its actions on atrocities investigations. Instead, by relying on historical records and interviews with decision-makers, this dissertation argues that the UNSC’s decisions on which atrocities to investigate are committee projects, which can only be understood through the prism of the UNSC’s decision-making process. Because of the constraints imposed by the UNSC process, an atrocities investigation will take place only after (i) a diplomat brings specific atrocities to the attention of the UNSC, (ii) an independent commission of inquiry supports the creation of an atrocities investigation, and (iii) the UNSC members become comfortable with the text of the authorizing resolution. This dissertation examines the political decisions behind each of these three steps and highlights how the decision-making process guides and influences the UNSC’s actions. By doing so, it provides an explanation on the aforementioned double standard in the UNSC’s work vis-à-vis atrocities.

This thesis considers how the international response to egregious crimes can be made more consistent and effective. It focuses in particular on the Security Council as the authorising mechanism for intervention and comprehensively evaluates the proposals for its reform. It shows that contrary to several existing proposals, reform to the Security Council would not improve its authorisation of international action to address atrocity crimes. Similarly, the thesis considers proposals that seek to circumvent the authority of the Security Council but rejects their capacity to bring about a more consistent humanitarian regime. Finally, it robustly considers and argues for the use of regional organisations as alternative authorising mechanisms during mass atrocities.

Soft power is a significant aspect of India’s identity in the international community. Moreover, India has committed itself in being a cooperative, active member of the international community. In an alternative theory of power within the field of international relations, I argue that while soft power reasons that states are not only shaped by threats, bribes, persuasion, and co-optation, but also by norms. Strikingly, India was pushed by the United States and the Soviet Union to join the Security Council in 1950 and 1955 respectively as a permanent seat member. However, India refused these offers and instead, supported the People’s Republic China for the position. Since the early 1990s, India has actively pursued permanent membership to the Security Council and various reforms by convincing other countries to support its bid. Thus, in the case of India and its quest for permanent membership in the Security Council, an alternative way of thinking about soft power is the ability to serve as an effective player in international politics and influencing other countries’ long-standing positions and preferences on this matter.

The thesis investigates how China and the United States used state sovereignty in their official statements provided to the United Nations Security Council when discussing the Darfur conflict during the time period between 2004 and 2009. The thesis looks in particular at the official statements made with regards to the three different measures taken by the Security Council which were: the implementation of sanctions, the referral to the international criminal court and the deployment of peacekeeping. The thesis found that China applied a more cautious, but consistent, approach in which breaches of state sovereignty were never officially supported. The United States use of state sovereignty evolved as it became more willing over time to breach the sovereign rights of Sudan. The investigation into the official stance by China and the United States also provides general conclusions with regard to state sovereignty in contemporary international relations. First, the thesis finds that state sovereignty is still at the core of decision making in the United Nations Security Council, and as well in international relations, and there no present challenges to the role state sovereignty in contemporary international relations. Nonetheless, the different interpretations applied by states such as China and the United States, delays the decision-making process as states disagree on justifiable breaches of state sovereignty. State authorizes, such as the Government of Sudan, use state sovereignty as a barrier to effective international action to prevent atrocities and heinous crimes against humanity. In this application of state sovereignty, the rights of nation -states are protected more than the individual rights of human beings.

The thesis investigates how China and the United States used state sovereignty in their official statements provided to the United Nations Security Council when discussing the Darfur conflict during the time period between 2004 and 2009. The thesis looks in particular at the official statements made with regards to the three different measures taken by the Security Council which were: the implementation of sanctions, the referral to the international criminal court and the deployment of peacekeeping. The thesis found that China applied a more cautious, but consistent, approach in which breaches of state sovereignty were never officially supported. The United States use of state sovereignty evolved as it became more willing over time to breach the sovereign rights of Sudan. The investigation into the official stance by China and the United States also provides general conclusions with regard to state sovereignty in contemporary international relations. First, the thesis finds that state sovereignty is still at the core of decision making in the United Nations Security Council, and as well in international relations, and there no present challenges to the role state sovereignty in contemporary international relations. Nonetheless, the different interpretations applied by states such as China and the United States, delays the decision-making process as states disagree on justifiable breaches of state sovereignty. State authorizes, such as the Government of Sudan, use state sovereignty as a barrier to effective international action to prevent atrocities and heinous crimes against humanity. In this application of state sovereignty, the rights of nation -states are protected more than the individual rights of human beings.