Fundamental Principles Of International Law Research Articles

Аксиологический подход в международном праве

The article is devoted to the study of the question of the values of international law, in particular the value of regional integration and cooperation of states. The author analyzes the approaches to the definition of value in terms of the classical approach (“Value as a property of the valued object or as a sample on the basis of which the evaluation shall be made”) and non-classical approach (“The relationship between the object and the statement of what should be an object”). The article discusses the formation of axiology and contribution to its development of R. G. Lotze, V. Windelband, G. Rickert, P. G. Natorp. It is expressed the idea that any axiological analysis should be cultural-historical, because the relation to human values were and remain different in different periods of human history. The author notes that international law is based on the universally valid for all mankind values. They are reflected in the generally recognized principles of international law, customary international law, the universal conventions and declarations. The government and the international community were recognizing gradually the universally significant values. The crisis of international political relations at the present stage threatens the existence of fundamental principles of international law and the values protected by them. However, with the development of globalization, we can talk about the formation of new values — the regional cooperation of states for the achievement of the common good. States are forced to participate in regional integration projects in order to be able to confront the challenges of globalization and to trade with other countries in terms of global competition. The value of integration is gradually “wires” in life through activities of bodies and international officials of interstate integration associations. However the principles of regional integration and cooperation, which include liberalization of the market, free movement of goods and services, non-discrimination of participants trade, are not always clearly interpreted and applied by supranational courts; some basic guidelines are only produced. The interaction of states should be based on common elements of the legal culture, as well as on the idea of the unity of kindred peoples laid down in the legal consciousness. Otherwise integration projects may not enjoy the support of the citizens.

The Importance Of Enforcing The Fundamental Principles Of International Law During The Negotiation Process

Abstract Diplomatic negotiations represent the most frequently regulated and used method when it comes to states settling their international conflicts. The negotiation process can be influenced by many factors, such as: the characteristics of the conflict, the power balance, the relation between the parties in conflict. From the perspective of international law, a significant importance for the success of negotiations is held by the observance of some principles such as: sovereign equality of the parties, the absence of force or threat to use the force, good faith, lack of interference in internal affairs, abstention from committing any act capable to worsen the conflict. For a solid lengthy settlement of a conflict, no solution can be imposed by using the force or threatening to use it and, hence, transgressing the essential attribute of states – sovereignty. States must show a good faith attitude during negotiations and use this diplomatic method with the real intent of settling the conflict and not for other strategic reasons, like getting extra time or creating a good faith appearance in front of the public opinion as they were looking for a solution.

Human Rights, Sovereignty and the Responsibility to Protect

In 2005 the UN General Assembly unanimously endorsed the doctrine of a Responsibility-to-Protect (R2P) human rights. This initiated a series of debates about whether two fundamental principles of international law, international human rights protections and state sovereignty, could still be thought of as compatible with one another. These debates suggest that the values of human rights and self-determination are on a collision course: if one values the international protection of human rights then one must accept that this may undermine the self-determination and sovereign equality of states, and if one values popular sovereignty and self-determination then one must accept that this may undermine the international protection of human rights. I defend the view that human rights and sovereignty are not antithetical values, but must be seen as mutually reinforcing principles of international law. On this basis I offer an account of the international community’s Responsibility to Protect human rights that is more demanding than the currently acknowledged account. I also show how my more ambitious account does not have to be purchased at the price of undermining the sovereign equality of states.

La doctrina neoconservadora y el excepcionalismo americano: Una vía al unilateralismo y a la negación del Derecho Internacional

This article seeks to analyze the roots and the theoretical features of the neoconservative view of international law and multilateralism. Since the study of the role played by American exceptionalism in neoconservatism �and how the former leads to unilateralism as a preferential mean of action for US foreign policy� the author will examine the place of international law and multilateralism in the neoconservative thinking. Although it shares many common points with other American foreign policy doctrines, the neoconservative stance regarding international law and multilateralism has some distinctive elements that differentiate it from the rest, giving it a relative singularity of its own. Thus, we will see the deep criticism formulated by neoconservatism against the fundamental principles of international law, which implies their contestation and comprehensive redefinition. Finally, the article will show how multilateralism, both in its conceptual and institutional aspects, has been contested by neoconservative pundits with the purpose of undermining its functioning and efficacy as well as its own legitimacy.

Rethinking & Recasting Bilateral Investment Treaties as Integrative Tools for Sustainable Development: The Kenyan Experience

Sustainable development is a fundamental principle of International Law. It is closely related to and [should be] a core objective of any international treaty seeking to address developmental concerns. Curiously, however, a critical review of [legal] literature reveals seemingly little attention given to the actual assessment of ‘how and to what extent’ existing Bilateral Investment Treaties (BITs) have integrated sustainable developmental concerns. This is particularly in relation to BITs involving developing countries in Africa such as Kenya. Accordingly, taking Kenya as an illustrative case, this study makes a critical assessment of the BITs concluded between Kenya, the Netherlands, Britain, and Germany; with a view to establishing how and to what extent the said BITs have integrated sustainable development. The study argues that most (if not all) BITs remain silent on sustainable development. Further, the methods of integrating sustainable development are premised on placing host state obligations to protect investors and their investments. In doing so, the implied assumption is that protection will attract foreign investment necessary for financing sustainable development. Nevertheless, as the paper highlights, difficulties have arisen in measuring how revenue generated from foreign investment has contributed to the sustainable development due to the unpredictable patterns of revenue inflow from foreign. This in turn creates difficulties in using the said revenue when planning for long-term sustainable yields in development. Accordingly, the paper urges a collectively rethinking of the usage of BITs as a tool for sustainable development involving, states taking deliberate steps to recast BITs to ensure that the process of negotiation of BITs, the structure that emanates from the negotiation and the implementation of the BITs; explicitly seek to integrate sustainable development. This necessarily involves placing obligations on both state and non-state actors in realizing sustainable development. Key words: Sustainable Development, Foreign Investments, public benefit.

Puerto Rico and the Puerto Ricans Versus 115 Years of Yankee Imperialism and Colonialism

For the purpose of this Lecture, I want to briefly discuss the eight charges that I filed against the United States government for committing international crimes against the People and State of Puerto Rico. I believe that these eight charges succinctly state the fundamental principles of international law concerning Puerto Rico and the Puerto Ricans. Obviously, these eight charges of my Indictment cannot answer all the questions the Puerto Rican People might have with respect to international law. But I do submit that these eight charges provide a solid foundation for providing guidance to the Puerto Rican People as to your basic rights under international law that can be used in the future in order to navigate problems and issues as they arise to confront you.

Chinese Practice in Public International Law: 2012

This Survey covers materials reflecting Chinese practice in 2012 relating to: I. Fundamental principles of international law; II. Rule of law at the national and international levels; III. Sources of international law (provisional application of treaties; formation and evidence of customary international law); IV. Recognition of new States and governments (Palestine; Kosovo; the new Libyan government); V. Jurisdiction and immunity (Supreme People's Court's interpretation of the Second Amendment to the 1979 Criminal Procedural Code; Case concerning the 5 October Massacre in Mekong River committed by Sai Naw Kham, Hsang Kham, Yi Lai, Zha Xika, Zha Bo and Zha Tuobo); VI. China's territorial integrity (Taiwan; Tibet; China–India agreement on the establishment of a working mechanism for consultation and co-ordination on India–China border affairs; Diaoyu Island and its affiliated islands; Huangyan Island; Xisha Islands; Nansha Islands; Establishment of Sansha Municipality); VII. Polar regions (Arctic Council); VIII. International Law of the Sea (Baselines of the territorial sea adjacent to Diaoyu Dao and its affiliated islands; Selection, defininition and protection of the Protection Scope of Territorial Sea Base Points; Submission to the Commission on the Limits of the Continental Shelf in part of the East China Sea; Revised Regulations on Administration of Coastal Border Security of Hainan Province; Suyan Rock; Okinotori Reef; Marine environment; Marine biodiversity beyond areas of national jurisdiction; Sustainable fisheries; Commission on the Limits of the Continental Shelf; International Seabed Authority; International Tribunal for the Law of the Sea; Fight against piracy); IX. International law on outer space (Militarization of and arms race in outer space; Space debris; International co-operation in peaceful uses of outer space); X. Aliens (Act on Administration of Exit and Entry; 72-hour visa-free travel to Beijing and Shanghai; Draft articles on expulsion of aliens; Refugees); XI. International human rights law (Human rights and the principle of non-interference of internal affairs; Human rights, politicization and double Standards; Human rights and national conditions; Right to survival and right to development; Human security; Discrimination and racism; Right to self-determination; Rights of indigenous peoples; Initial report under the Convention on the Rights of Persons with Disabilities; The Second Amendment to the 1979 Criminal Procedural Code; Act on Administration of Exit and Entry; Work of UN Secretariat in human rights; Office of the High Commissioner for Human Rights; Human Rights Treaty bodies and their reform); XII. International humanitarian law (protection of civilians in armed conflicts; Fourth Annual Session of Chinese National Committee of International Humanitarian Law; Litigation of Chinese victims against Japan before a court in Chongqing; Legal advisers in Chinese armed forces); XIII. International law on disasters (Strengthening of the co-ordination of humanitarian and disaster relief assistance of the UN, including special economic assistance); XIV. International law on arms control, disarmament and non-proliferation (Nuclear disarmament; Mongolia's nuclear-weapons-free status; Chemical Weapons Convention; Biological Weapons Convention; Amended Protocol II to the Convention on Conventional Weapons (CCW); Ottawa Convention; Anti-vehicle landmines; International humanitarian de-mining assistance; Protocol V to the CCW (ERW); China–Laos Memorandum of Understanding on the Provision of Assistance of China to the Laotian Victims of Cluster Munitions; Arms Trade Treaty; Cyber weapons; Conference on Disarmament); XV. International Criminal Law (International Criminal Court; ICTY and ICTR; Scope and application of universal jurisdiction; UN Comprehensive Convention against Terrorism; UN Convention against Transnational Organized Crime; UN Convention against Corruption; Cyber crime; Trafficking in cultural property); XVI. International environmental law (Joint Declaration of the Moscow Meeting on Inclusion of International Civil Aviation in the EU-ETS; Directive on Prohibition from Participating in EU Carbon Emission System; Protection of atmosphere; Effects of atomic radiation; Use of water resources of cross-border rivers); XVII. Law on diplomatic and consular relations (Vienna Convention on Diplomatic Relations; The CHEN Guangcheng incident; The WANG Lijun case); XVIII. International law on international organizations (The reform of the UNSC; Sanctions imposed by the UNSC; The working methods of the UNSC; UN Peacekeeping operations; Regulation on Participation of People's Liberation Army in UN Peacekeeping Operations (Provisional Application); Inter-mission co-operation of UN peacekeeping operations; Scale of assessments for the apportionment of the expenses of the UN); XIX. International law on settlement of disputes (International Court of Justice; Unilateral sanctions imposed by a State against another State).

الاتفاقية المنشئة لمنظمة التجارة الدولية : دراسة تأصيلية – تحليلية للأسس والخصائص

This Research is dealing with the foundations and characteristics of the Agreement of Morocco- 1994 (World Trade Organization Treaty- WTO treaty), and we concluded that : 1- The General Agreement on Tariffs and Trade GATT-1947) which created integral organs, that we (termed ((an innominate international organization)) developed to WTO-1994 . 2- The WTO treaty, is , to protect and observe of the commerce, industry, and hegemony of a super- state and developed countries in all over the world . 3- The WTO treaty does not contain the following matters: foreign debts, the effective responsibility or sanction, and the other kinds of damage or harm, such as, environmental harm. 4- The WTO treaty having the following characteristics: A- a dual nature: conventional - constitutional. B - a dual rules in framework of multilateral treaty. C - No Reservations. D- Soft law in frame work of hard law. E-Its(( obligations, are, bilateral not collective in nature, in other words, are not of the interdependent or “ all or nothing “” type, also, are not part of Jus cogens or obligations erga omnes (common or collective interest ) 5- The principles of International Commerce must be consist with the fundamental principles of International Law.

Chinese Practice in Public International Law: 2011

This Survey covers materials reflecting Chinese practice in 2011 relating to: I. Fundamental principles of international law (principles of non-use of force; principle of peaceful settlement of international disputes; principle of non-intervention of internal affairs; rule of law at the national and international levels); II. International law of treaties (reservations to treaties; effects of armed conflicts on treaties); III. Recognition of new states and governments (Republic of South Sudan; Libyan National Transitional Council); IV. State immunity; V. China's territorial integrity (Taiwan; Tibet; China–India border issue; Diaoyu Island and its affiliated islands; Nansha Islands); VI. Polar regions (Antarctic; Arctic); VII. International law of the sea (general position; Chunxiao oil and gas field in East China Sea; South China Sea; China–Vietnam Agreement on Basic Principles Guiding Settlement of Sea Issues; marine environment; marine biodiversity beyond areas of national jurisdiction; sustainable fisheries; Commission on the Limits of the Continental Shelf; International Seabed Authority; International Tribunal for the Law of the Sea; Somalia piracy); VIII. International law on outer space; IX. International human rights law (General position; rights of the child; Human Rights Council; Implementation of human rights instruments); X. International humanitarian law (protection of civilians in armed conflicts); XI. International law on disasters (protection of persons in the event of disasters); XII. International law on arms control, disarmament and non-proliferation (general position; Protocol to the Southeast Asia Nuclear-Weapon-Free Zone Treaty; abandoned Japanese chemical weapons in China; landmines); XIII. International criminal law (International Criminal Court; the Bashir case; Mr. LIU Daqun elected as judge of international residual mechanism for criminal tribunals; UN Special Tribunal for Lebanon; scope and application of universal jurisdiction; immunity of state officials from foreign criminal jurisdiction; measures to eliminate international terrorism; decision on issues concerning strengthening anti-terrorism work; ratification of China–Russia Agreement on Cooperation in Fighting against Terrorism, Separatism and Extremism; UN investigation of war crimes in Sri Lanka; law enforcement cooperation along the Mekong River among China, Laos, Myanmar and Thailand; Bilateral Treaty on Extradition and Treaty on Assistance in Criminal Matters with Italy; transfer of a British suspect of pornographic crimes to the United Kingdom; transnational organized crime; international drug control; international code of conduct for information security); XIV. International environmental law (climate change; joint statement on EU's inclusion of aviation into EU emission trading scheme between China and Russia; effects of atomic radiation; use of water resources of cross-border rivers); XV. International law on international organizations (responsibility of international organizations; role of UN and its reforms; UN financing; UN peacekeeping operations; Mr. HUANG Huikang elected as member of the International Law Commission; establishment of Trilateral Cooperation Secretariat; ratification of the Third Protocol Amending the Treaty of Amity and Cooperation in Southeast Asia); XVI. International law on settlement of disputes (International Court of Justice (ICJ); Ms XUE Hanqin elected as member of the ICJ).

The Right of African Americans to Self-Determination

I want to briefly discuss the nine charges that I filed against the United States government for committing international crimes against African Americans. I believe that these nine charges succinctly state the fundamental principles of international law and human rights concerning African Americans. Obviously, these nine charges of my Indictment cannot answer all the questions African Americans might have with respect to their rights under international law and human rights law. But I do submit that these nine charges provide a solid foundation for providing guidance to African Americans as to their basic rights under international law that can be used in the future in order to navigate problems and issues as they arise to confront them today.

Chinese Practice in Public International Law: 2010

This survey covers materials reflecting Chinese practice in 2010 relating to: I. Fundamental principles of international law (Five principles of peaceful coexistence; Rule of law at the national and international levels); II. International law of treaties (Effects of armed conflicts on treaties; Mr. HUANG Huikang elected as member of the International Law Commission (ILC); China‐DPRK Treaty of Friendship, Cooperation and Mutual Assistance); III. China’s territorial integrity (China’s core interest; Taiwan; Tibet; Diaoyu Island and its affiliated islands; Xisha Islands; Nansha Islands); IV. International law of the sea (General position; Development of the Chunxiao oil and gas field in the East China Sea; Military activities in the Yellow Sea; Freedom of navigation in the South China Sea; Nature of the Douglas Reef (Okinotori Reef); Somali piracy); V. International law on civil aviation (Beijing Convention and Protocol on Aviation Security); VI. International human rights law (General position on human rights; Racism and self-determination; Human organ transplantation; Freedom of information; Call for repatriation of Uighur terrorist suspects in Guantanamo to China; Expulsion of aliens; North Korean asylum seekers; UN High Commissioner for Refugee (UNHCR); Human Rights Council; Implementation of human rights instruments); VII. International humanitarian law (Protection of civilians in armed conflicts; Occupied Arab territories; Humanitarian assistance; The 1972 Sino-Japan Joint Statement); VIII. International law on disasters (Protection of persons in the ∗ Note by the Editors: This survey is provided only for information. Readers are advised to consult the official documents themselves in their research. In international dealings, the Chinese government normally uses Chinese. The English quotations in this survey are therefore normally translations, but they are taken from official websites or another official source, unless otherwise noted. The abbreviations used in the quotations are from those official websites. Throughout this survey, “FM” stands for “Foreign Ministry”; “UN”, “United Nations”; “UNGA”, “United Nations General Assembly”; and “UNSC”, “United Nations Security Council”.

The Illegality of a Contract Contrary to Fundamental Principles of International Law

This draft examines the recent developments in the work on the new chapter of UNIDROIT Principles on Illegality. The paper based on this draft then will foucs on the genuine link between international commercial law (i.e. basically private law) and public international law via contracts contrary to fundamental principles of international law.

Chinese Practice in Public International Law: 2009

Chinese Practice in Public International Law: 2009

Secession in Theory and Practice: The Case of Kosovo and Beyond

533 A. Introduction 533 B. Theory: Secession in International Law 536 I. Defining Secession 537 II. Secession and Fundamental Principles of International Law 540 1. The Principle of Self-Determination 540 2. International Human Rights and Remedial Secession 543 3. Sovereignty and Its Corollary Principles 548 III. An Intermezzo: On State Practice and Secession 552 IV. Is There a Right to Secession? 554 C. The Kosovo Practice 554 I. Kosovo in History 555 ∗ Ioana Cismas is a Ph.D. candidate in international law at the Graduate Institute of International and Development Studies in Geneva and a researcher with the Project on Economic, Social and Cultural Rights at the Geneva Academy of International Humanitarian Law and Human Rights. This article is a revised and updated version of the author’s M.A. dissertation. The author is grateful to Andrew Clapham, Andre Liebich, Claire Mahon, Christophe Golay, Daniel Huegli and the two anonymous reviewers for comments on earlier drafts. Such shortcomings as may remain are the sole responsibility of the author. GoJIL 2 (2010) 2, 531-587 532 1. History and Myth 555 2. Kosovo under Tito and the Titoists 557 3. The Milosevic Era 560 4. The Human Rights Situation (1990-1997) 562 5. The Kosovo Albanian Resistance and Milosevic’s Response 563 II. The International Community and Kosovo 566 1. The Response of the International Community Prior to 1998 566 2.The Breakout of Violence and the Response of the International Community 567 3. United Nations Interim Administration Mission in Kosovo 572 4. The Republic of Kosovo 577 D. Impact of Practice on Theory: the “Kosovo Precedent” and Beyond 581 I. Kosovo’s Independence as an Act of Remedial Secession? 581 II. And Yet the Exceptionality Discourse! 583 E. Conclusion: A Missed Opportunity 587 Secession in Theory and Practice: the Case of Kosovo and Beyond 533

UN reform, biopolitics, and global governmentality

Commentary on the United Nations (UN) reform efforts of 2004–05 has broadly followed two different trajectories. International lawyers and political theorists have focused on the implications of reform for sovereignty as a fundamental principle of international law and international relations. International Relations (IR) scholars have discussed reform focusing on state power and the UN’s institutional authority. Against the background of these debates and drawing on Foucault’s political theory and related IR scholarship, this article argues that UN reform discourse indicates a biopolitical ‘reprogramming’ of contemporary sovereignty and global governance. The analysis ‘displaces’ the concerns with sovereignty, state power, and institutional authority by demonstrating that UN reform (also) constitutes the UN as a project of managing and regulating the global population through a variety of securitizing, economizing, and normalizing rationalities and techniques. The article illustrates this by pointing to the biopolitical rationales of reform conceptions of human security and collective security, and to (neo)liberal governmentalities of risk and responsibility, contractualism, benchmarking, and networks. It thereby challenges the conceptual and normative priority accorded to juridical sovereignty in international law, and to state- and institution-centric accounts in IR theorizations of UN-relayed global governance.

Chinese Practice in Public International Law: 2008

This Survey covers materials reflecting Chinese practice in 2008 relating to: I. Fundamental Principles of International Law (Five Principles of Peaceful Coexistence; Respect of State Sovereignty and Territorial Integrity; NonIntervention of Internal Affairs; Peaceful Settlement of International Disputes); II. International Peace and Security (Fight against Terrorism; Women, Peace and Security; The Zimbabwe Situation; The Darfur Situation in Sudan; The Kosovo Issue); III. International Law on Disarmament and Arms Control (Nuclear Disarmament and Non-Proliferation; Chemical Weapons; Biological Weapons); IV. International Law on Recognition (Kosovo; South Ossetia and Abkhazia); V. China’s Territorial Integrity and Boundaries (Taiwan; Tibet; Xisha Islands and Nansha Islands; Diaoyu Islands; China‐Russia Boundary; China‐India Boundary); VI. International Law of the Sea (Delimitation of the East China Sea; Delimitation of the Outer Limits of Continental Shelf Beyond 200 NMs; Straits Use for International Navigation; Conservation and Sustainable Use of Marine Biological Diversity beyond Areas of National Jurisdiction; International Seabed Authority; International Tribunal of the Law of the Sea (ITLOS); China’s Convoy Fleet in Somalia Coast); VII. International Law on Outer Space (Peaceful Use of Outer Space; Anti-Satellite Weapons); VIII. International Law on the Treatment of Aliens (Frontier Health and Quarantine; North Korean Asylum-seekers in China); IX. International Law on Human Rights (Rule of Law; Death Penalty; Rights of the Child; Women’s Rights; Torture; Rights of the Persons with Disabilities; Dialogue on Human Rights; Human Rights Council; Implementation of Human Rights Instruments); X. International Humanitarian Law (Children in Armed Conflict; Landmines; Explosive Remnants of War; Cluster Munitions; Tear Gas; Right of Individual Claims for Violations of International Humanitarian Law; Search of US soldiers remains in China and North Korea); XI. International

Detention of Trafficked Persons in Shelters: A Legal and Policy Analysis

In countries around the world it is common practice for victims of trafficking who have been rescued or who have escaped from situations of exploitation to be placed and detained in public or private shelters. The term detention, as used in this context, refers to a very specific situation in which the individual concerned is unable to leave the facility if and when she or he chooses to. In some cases, shelter detention is a short-term measure that may be prompted by concerns about victim wellbeing or safety. In the most egregious situations, victims can be effectively imprisoned in such shelters for months, even years. This Study considers the international legal aspects of victim detention in shelters and weighs up the common justifications for such detention from a legal, policy and practical perspective. It is based on desk research of shelter practices in a number of countries and more direct exposure to shelters through field based research undertaken principally in South East Asia. The Study concludes that routine detention of victims or suspected victims of trafficking in public or private shelters violates a number of fundamental principles of international law and is therefore to be considered, prima facie, unlawful. Failure of the State to act to prevent unlawful victim detention by public or private agencies invokes the international legal responsibility of that State.

Economic Sanctions Against Human Rights Violations

Economic Sanctions Against Human Rights Violations

Human Rights and Environmental Protection: Examining the Jurisprudence of the Human Rights Treaty Bodies

Environmental problems have a direct impact upon human existence. Yet the Human Rights treaties do not provide for an explicit ``human right to environment``. The problem of legally confronting environmental challenges is partly met with international environmental treaties and institutions, but the dilemma of a human rights perspective continues to be a conundrum-notwithstanding the fact that ``human rights`` and ``environmental protection`` are two extremely important issues that have captivated the world attention in a manner that is unprecedented in the history of recent times. In this paper we shall examine, in the light of recent developments in international environmental law, the relationship that exists between the two seemingly distinct fields of enquiry. In this perspective, we shall throw the spot light on the fundamental principles of international law as they relate to human rights and environmental protection, emphasizing upon the profound and complementary relationship that the subjects share in question. From this stand point of inter-disciplinary nature of the subjects, we shall advance the argument that, adhering to the norms and standards established by the Human Rights treaties, only enhances the quality of environmental protection. We shall examine, in this respect, the emerging jurisprudence of the Human Rights treaty bodies to support our arguments. This paper also reflects on the widening gap that exists between actual realities of life-compared to the rhetoric of rights.

The ties that bind: the EU, the UN and international law

The focus of the article is on the activities of the European Union and the United Nations in the fields of peace and security, human rights and democracy. These represent not only crucial issues uniting both the EU and the UN in their external actions, but are also founded upon, or at least affected by, fundamental principles of international law. It is argued that a coherent strategy for achieving long term peace and stability in regional and international relations must be based on respect for these fundamental principles as well as rules of international law derived from these principles. Such principles are not just abstract legal constructs but are a reflection of the values that international actors – states, organisations and others – have held since the UN Charter ushered in a new world order in 1945. Situating both organisations within the international legal order should enhance the legitimacy and arguably the effectiveness of the two organisations whether they act singly or together. Increasingly, the activities of the EU and the UN overlap in matters of peace, security, human rights and democracy. This overlap has the potential to result in confrontation, as well as what would normally be aspired to – co-operation. It is therefore essential to identify the underlying principles and rules governing the organisations and their activities. It is argued that these principles and rules should be recognised and reinforced if we are to have organisational activity that is more than discretionary or arbitrary.