Netherlands Yearbook of International Law - 2003

The events relating to Iraq have been critical in defining the post-Cold War inter national system of peace and secnrity. Dealing with Iraq covered the whole legal, political and emotional spectrum. The initial triumphalism was replaced by cyni cism and apathy, ending in division and enmity. Above all, it raised questions about the political and legal foundations of the international secnrity system, its players and their interests. The object of the present paper is to examine the cnr rent meaning and nature of the collective secnrity system premised on the United Nations. An understanding of the flaws and problems associated with the prac tice of this system will enable us to rethink its basis and propose a conceptual framework for its reconstitution on the basis of legitimacy, using the war on Iraq as a case study to illustrate onr arguments. The discussion will begin with a short presentation of the political and legal situation leading to the war against Iraq in March 2003. This will be followed by a critical analysis of the UN collective se cnrity architecture as it evolved after the end of the Cold War. Onr aim at this stage is to identify the characteristics of the system, consider the scope of subse quent developments in conceptual or practical terms and discuss their signifi cance for the international secnrity system.

Auteur
Niels M. Blokker is Professor of Law at the University of Leiden. N. J. Schrijver is Professor of Law at Vrije Universiteit, Amsterdam.

Contenu
Articles.- Sustainable Development, Normative Development and the Legitimacy of Decision-Making.- The Shifting Laws on the Use of Force and the Trivialization of the UN Collective Security System: The Need to Reconstitute It.- The Constitutional Duty to Promote the Development of the International Legal Order: The Significance and Meaning of Article 90 of the Netherlands Constitution.- Democracy and International Law.- Documentation.- Classification Scheme.- Netherlands State Practice for the Parliamentary Year 20012002.- Treaties and other International Agreements to which the Kingdom of the Netherlands is a Party.- Netherlands Municipal Legislation Involving Questions of Public International Law, 2002.- Netherlands Judicial Decisions Involving Questions of Public International Law, 20012002.- Dutch Literature in the Field of Public International Law and Related Matters, 2002.