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CNAA / Theses / 2021 / June /

International Normative Framework in Security Matters in the Context of Regional Crises


Author: Alabduljabbar Naif Jassim
Degree:doctor of law
Speciality: 12.00.10 - International Public Law
Year:2021
Scientific adviser: Alexandru Cauia
doctor, associate professor (docent)
Institution: Free International University of Moldova

Status

The thesis was presented on the 25 June, 2021
Approved by NCAA on the 4 October, 2021

Abstract

Adobe PDF document – 0.30 Mb / in romanian
Adobe PDF document – 0.23 Mb / in english

Thesis

CZU 341.1/.2(043.2)

Adobe PDF document 2.15 Mb / in english
210 pages

Keywords

the international regulatory framework, the regional international organizations, Security Council, Peacekeeping Operations, North Atlantic Treaty Organization, African Union, League of Arab States, the regional crises, the international humanitarian law

Summary

Structure of thesis. The thesis has: introduction, 3 chapters, general conclusions and recommendations, bibliography of 378 sources, basic text on 172 pages. The achieved results are published inn 5 scientific articles.

Field of studyis the analysis of international normative provisions governing the interaction between the mechanisms and instruments of the United Nations for International Peace and Security and the regional organizations in the process of settling the regional crises in the light of daily realities in zones as: European, African and Middle Eastern.

Purpose of research is to establish the place, role and position of the regional organizations in the process of ensuring the regional peace and security and to conduct a comprehensive investigation on international legal mechanisms and instruments to ensure the active and effective involvement of regional structures, within the limits set by the UN Charter and UN Security Council in settling the regional crises, thus contributing to international peace and security. Objective of research: Comprehensive and equidistant analysis of the works of exegetes in the field of public international law on the object of research; Research and interpretation of the normative provisions of the UN Charter and of the constitutive acts of the regional organizations that form the legal basis for the involvement of these structures in the process of prevention and settlement of the regional crises; Establishing the place, role and importance of the North Atlantic Treaty Organization in the process of preventing and settling the regional crises; Research on the essence of the Kosovo crisis and appreciation of the practical and normative value of the created precedent, including the establishment of regional legal mechanisms and instruments for settling the conflicts in the districts of: the left bank of Dniester, Nagorno-Karabakh, Abkhazia and South Ossetia; Identify the experience of the African Union and other regional structures in the peace and security process, including the analysis of the characteristic elements of peacekeeping operations in the context of the regional crises in Congo, Mali and Libya; Determining the specifics of the structure, competence, mechanisms and instruments of intervention of the League of Arab States in the process of crisis prevention and settlement in the Middle East, both in the context of international armed conflicts in Iraq and Syria, and in the specific crisis between Israel and Palestine and the nature of peacekeeping operations in Lebanon and Yemen; Establishing the legal mechanisms and instruments to overcome the challenges generated by the current regional crises on the international normative system and ensuring compliance with the rules of warring by contingents of peacekeeping forces under the auspices of the UN.

Novelty and scientific originality: the thesis is a comprehensive study examining the place and role of the regional organizations in the process of settling the regional crises in order to identify the mechanisms and legal instruments for cooperation of affected states within regional organizations to prevent the negative effects of armed conflict in order to guarantee the regional peace and security as a part of the international security.

The achieved results contributing to settling a scientifically important matter resumes to identifying difficulties in interpreting and assessing the international legal norms governing cooperation between the UN Security Council and the regional organizations in the process of preventing and settling the regional crises, providing a comprehensive analysis of the most specific crises and responses of states and organizations affected in order to ensure the regional security.

Theoretical significance of research consists in conducting a comprehensive study on the international normative provisions and on the content of the constitutive acts of the regional organizations regarding the cooperation between these entities in the process of settling the regional crises in order to ensure the international peace and security. Applicative value of research materializes through the possibility of using both factual and analytical material to supplement the didactic-scientific materials necessary for the training of law students and to facilitate the process of developing solutions to regional crises by practitioners.

Implementation of the scientific results. The work will serve as a doctrinal support in the process of amending and supplementing the constitutive acts of existing organizations or in formulating as eloquently as possible the intervention mandates issued by the Security Council for peacekeeping operations and will contribute to streamlining the procedures for interaction between the mechanisms and international and regional instruments to increase the speed and efficiency of interventions by mandated structures to guarantee and ensure the regional peace and security.

Summary


1. ANALYZING THE DOCTRINAIRE AND NORMATIVE ASPECTS RELATED TO THE PHENOMENON OF ENSURING THE INTERNATIONAL SECURITY IN THE CONTEXT OF REGIONAL CRISES.
  • 1.1. Doctrinaire positions related to the phenomenon of ensuring the international security in the context of regional crises
  • 1.2. Juridical regulation of the reports between the competences of the UN Security Council and the international organizations in the light of regional crises
  • 1.3. Conclusions to Chapter I

2. ROLE OF THE INTERNATIONAL REGIONAL ORGANIZATIONS IN REGIONAL PEACEKEEPING
  • 2.1. Place and role of the North Atlantic Treaty Organization in the process of preventing and settling the regional crises
  • 2.2. Experience of African Union and other regional structures in the process of settling the regional crises
  • 2.3. League of Arab States and other regional security structures in the Middle East
  • 2.4. Challenges on the international regulatory framework in the process of settling regional crises
  • 2.5. Conclusions to Chapter II

3. PEACEKEEPING OPERATIONS: FROM ENSURING THE SECURITY TO IMPELLING THE PEACE DIALOGUE
  • 3.1. Applicability of the International Humanitarian Law rules on peacekeeping operations within regional crises
  • 3.2. Regulatory basis for peacekeeping operations in Europe (Districts from the Left Bank of Dniester, Nagorno-Karabakh, Abkhazia, South Ossetia, Kosovo)
  • 3.3. International legal instruments for settling regional crises in the East (Lebanon, Israel/Palestine, Iraq, Syria, Yemen)
  • 3.4. International regulatory provisions applicable to regional crises in Africa (Congo, Mali, Libya)
  • 3.5. Conclusions to Chapter III

GENERAL CONCLUSIONS AND RECOMMENDATIONS
Bibliography
Declarația privind asumarea răspunderii
Curriculum Vitae