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The Use of International Law by the United Nations Security Council: An Empirical Framework for Analysis
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Rossana Deplano ∗LL.B, LL.M, Ph.D., Lecturer, Brunel University London (U.K.). I would like to thank Dr. Paolo Vargiu for his comments on earlier drafts and Dr. Patricia Hobbs for her constant support. All mistakes remain mine.
This Article examines the strategic use of international law by the United Nations Security Council. Using an original database, which includes 611 resolutions adopted by the Security Council from 2004 to 2013, it provides a systematic analysis of the Security Council's behavioral patterns that may help determine significant selection preferences in the exercise of its powers under the United Nations Charter. The analysis shows that while reference to positive international law in the text of resolutions contributes to shaping the politics of the Security Council, current Security Council practice has little or no influence over the development of international law.
Scholarly literature on the United Nations Security abounds. From an international legal perspective, existent contributions have examined several aspects of the Security Council mandate, including its scope, the legitimacy of certain Security Council actions, and its lawmaking powers. 1See, e.g., David M. Malone, Security Council, in The Oxford Handbook on the United Nations 117 (Thomas G. Weiss & Sam Daws eds., 2008). See generally, e.g., Simon Chesterman, Thomas M. Franck, & David M. Malone, Law and Practice of the United Nations: Documents and Commentary (2008); Antonios Tzanakopoulos, Disobeying the Security Council (2013); Sufyan Droubi, Resisting United Nations Security Council Resolutions (2014); Erika de Wet, The Chapter VII Powers of the United Nations Security Council (2004). The contribution of such a body of literature to the rationalization of the principles of law governing the Security Council functioning is highly relevant. Nonetheless, Security Council practice has never been analyzed in a systematic way.
Doctrinal studies have proved to be successful in conceptualizing relevant principles and rules underlying the functioning of the Security Council. 2See generally, Anne Peters, Functions and Powers:Article 24, in 1 The Charter of the United Nations: A Commentary 2011 (Bruno Simma et al. eds., 2012); Nicholas Tsagourias, Security Council Legislation, Article 2(7) of the UN Charter, and the Principle of Subsidiarity, 24 Leiden J. Int'l L. 539 (2011); Eric Rasand, The Security Council as "Global Legislator": Ultra Vires or Ultra Innovative?, 28 Fordham Int'l L.J. 542 (2005); Munir Akram & Syed H. Shah, The Legislative Powers of the United Nations Security Council, in Towards World Constitutionalism: Issues in the Legal Ordering of the World Community 431 (Ronald St. John Macdonald & Douglas M. Johnston eds., 2005); Axel Marschik, Legislative Powers of the Security Council, in Towards World Constitutionalism: Issues in the Legal Ordering of the World Community 457 (Ronald St. John Macdonald & Douglas M. Johnston eds., 2005); Cathleen Powell, The Legal Authority of the United Nations Security Council, in Security and Human Rights 157 (Benjamin J. Goold & Liora Lazarus eds., 2007); Bardo Fassbender, The United Nations Charter as Constitution of the International Community (2009). They have also assessed the degree of compliance of selected case-studies with the provisions of the U.N. Charter and international law. 3See generally, e.g., Christian Henderson & Noam Lubell, The Contemporary Legal Nature of UN Security Council Ceasefire Resolutions, 26 Leiden J. Int'l L. 369 (2013). However, due to the nature of the inquiry, traditional analysis is rooted on assumptions or generalizations derived from the study of selected, though important, Security Council decisions. Consequently, its findings are supported by little evidence of consolidated Security Council practice. For example, it has become commonplace to argue that the decision-making at the Security Council is ultimately governed by reasons of political convenience. 4See, e.g., Michael Barnett & Martha Finnemore, Political Approaches, in The Oxford Handbook on the United Nations, supra note 1, at 41. The main argument put forward to support this view is that the presence of five permanent members (P5) endowed with veto power over resolutions determines that the Security Council mandate can be executed only when there is agreement among them. 5Nigel Rodley & Başak Çali, Use of Force in International Law, in International Law for International Relations 226 (Başak Çali ed., 2010).
As a result, situations representing actual or potential breaches of international peace and security are likely to be overlooked whenever they involve a direct interest of a P5. 6See id. This seems to be confirmed by the fact that since 1946, not a single resolution has been adopted on Tibet or Chechnya, while only one has been adopted in 1960 on the relationship between Cuba and the United States. 7S.C. Res. 144, U.N. Doc. S/4395 (July 19, 1960). More recently, a draft resolution on Crimea has been vetoed by one P5 due to opposed views and conflicting interests with the proponent P5. 8 U.N. Security Council action on Crimea referendum blocked, U.N. News Centre (Mar. 15, 2014), http://www.un.org/apps/news/story.asp?NewsID=47362#.VNE-dGQbDTE (referring to S.C. Draft Res. 189, U.N. Doc. S/2014/189 (Mar. 14, 2014)). However, as of today no study has ever provided a detailed list of the issues addressed in the resolutions adopted, resolutions vetoed, Security Council private meetings, and meetings concluded with no action, with a view to ascertain the overall degree of legitimacy and effectiveness of such actions.
The present study aims at addressing this knowledge gap. It reports evidence from a substantial and systematic quantitative study designed to examine a sample of Security Council decisions which is representative of current Security Council practice, within a limited time-frame. The research is complementary to the existing body of literature since it introduces an empirical framework of analysis. Using an original database, which includes 611 resolutions adopted by the Security Council between 2004 and 2013, the research aims to establish the extent to which, if any, international law is able to limit the discretionary powers of the Security Council, and how the behavioral patterns of the Security Council contribute to the creation or development of international law. The findings of the analysis show that the Security Council has developed a self-contained legal mind under the aegis of the U.N. Charter, and that this evolutionary process poses a threat to the legitimacy of recent Security Council practice.
The remainder of the article is organized as follows. Part II provides a brief overview of the normative background of the Security Council, which represents the backdrop against which to evaluate the empirical analysis. Part III introduces the empirical framework for assessing Security Council practice. The first sub-section outlines the research design. The second one examines the extent to which the Security Council relies upon international law. Its purpose is to single out which rules of international law have been used by the Security Council in its resolutions and how they interact with each other. Part IV discusses the empirical results and their legal implications. It seeks to establish a taxonomy of Security Council decisions with a view to finding significant selection effects. Part V concludes.
I. Overview of Security Council Powers
Chapter VII of the U.N. Charter confers the responsibility for the maintenance of "international peace and security" on the Security Council. 9U.N. Charter art. 39. The U.N. Charter, however, does not provide for a definition of international peace and security, thus leaving the power to determine its significance to the judgment of the Security Council itself. 10See id. In order to execute its mandate, the Security Council disposes of a wide range of powers, including "the powers to authorize the use of force in the name of the international community." 11Rodley & Çali, in International Law for International Relations, supra note 5, at 225. According to the established doctrine of implied powers, the Security Council also possesses those powers that are essential for the performance of its duties and that are commensurate with its responsibility for the maintenance of international peace and security. 12See Reparation for Injuries Suffered in the Service of the United Nations, Advisory Opinion, 1949 I.C.J. 174, 178 (Apr. 11); Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) Notwithstanding Security Council Resolution 276, Advisory Opinion, 1971 I.C.J. 16, ¶ 109 (June 21). Thus Security Council resolutions imposing obligations to the international community of states as a whole rather than being restricted to U.N. members are regarded as a direct emanation of the teleological reading of U.N. powers in general, and Security Council powers in particular. 13Tsagourias, supra note 2, at 545–47. See generally, S.C. Res. 1373, U.N. Doc. S/RES/1373 (Sept. 28, 2001); S.C. Res. 1540, U.N. Doc. S/RES/1540 (Apr. 28, 2004); S.C. Res. 1636, U.N. Doc. S/RES/1636 (Oct. 31, 2005); S.C. Res. 1701, U.N. Doc. S/RES/1701 (Aug., 11, 2006); S.C. Res. 1737, U.N. Doc. S/RES/1737 (Dec. 27, 2006); S.C. Res. 1803, U.N. Doc. S/RES/1803 (Mar. 3, 2008).
With regard to the internal functioning of the Security Council, its decision-making power is governed by a combination of provisions of the U.N. Charter, 14U.N. Charter arts. 27, 31–32. provisions of the Provisional Rules of Procedure complementing the text of the U.N. Charter, 15U.N. S.C., Provisional Rules of Procedure of the Security Council, rules 40–57, U.N. Doc. S/96 (June 27, 1946). and other documents such as Note 507, complementing the Provisional Rules of Procedures. 16U.N. S.C. Pres., Note by the President of the Security Council, para. 2, U.N. Doc. S/2010/507 (July 26, 2010) [hereinafter Note 507]. For further analysis on procedural aspects of the Security Council decision making, see Rossana Deplano, Building a Taxonomy of United Nations Security Council Decisions: A Biased Compliance with the UN Charter Obligations?, 1 St. Prac. & Int'l L.J. 143 (2014). This set of rules allows the Security Council to adopt a variety of decisions, including resolutions, PRSTs, notes by the Security Council President, press statements and letters from the Security Council President. 17United Nations, The Security Council Working Methods Handbook 90 (2012). Although the list is not exhaustive, resolutions are recognized as the type of Security Council decision endowed with the greatest political relevance because they must be obeyed by U.N. member states. 18See Andreas Zimmerman, Voting: Article 27, in The Charter of the United Nations: A Commentary, supra note 2, at 1820 (Bruno Simma et al. eds., 2012). On the interpretation of Security Council resolutions, see generally Alexander Orakhelashvili, The Acts of the Security Council: Meaning and Standards of Review, 11 Max Planck Y.B. U.N. L. 143 (2007).
The element of compulsion characterizing resolutions, along with the existence of the P5's veto power, determines that attributing meaning to the words of the U.N. Charter "international peace and security" 19U.N. Charter, art. 11, para 3. is an act of discretion exercised by the Security Council. More specifically, since individual resolutions of the Security Council do not set a precedent, what constitutes a threat to or breach of international peace and security is ultimately determined by the willingness of individual permanent members to take a specific action or inaction on a case-by-case basis. On this ground, the Security Council has been severely criticized as a non-representative and highly politicized body whose actions have not always been either efficient or impartial. 20Rodley & Çali, in International Law for International Relations supra note 5, at 228. The presence of the P5, in particular, is seen as anachronistic and has triggered a debate on the need to reform the Security Council to keep the pace with the changes currently taking place within the international community. 21Chesterman et al., supra note 1, at 133. The perceived fear is that as long as no superior organ to the Security Council exists, the P5 can yield unrestricted powers which, albeit formally subject to the purposes and principles of the U.N. Charter, 22See Certain Expenses of the United Nations (Article 17, Paragraph 2, of the Charter), Advisory Opinion, 1962 I.C.J. 151, 167–68 (July 20). cannot in fact be controlled by either the United Nations or its member states. The result is that each P5 is able to transpose important elements of its foreign policy to the international plane without the need to justify it under international law.
II. Analysis of Security Council Practice (2004-2013)
A. Research Design
Empirical scholarship on Security Council practice is still in its infancy. 23Deplano, supra note 16, at 139–41. Existent contributions have built a taxonomy of Security Council decisions with a view to finding significant selection effects. 24Id. at 139. Scholars have then used the results of the empirical analysis as a platform to assess the degree of compliance of Security Council decisions with international human rights standards. 25See generally, e.g., Paolo Vargiu & Rossana Deplano, The Human Rights Dimension of UN Security Council Resolutions, in Essays on Human Rights: A Celebration of the Life of Dr. Janusz Kochanowski 523 (Jo Carby-Hall ed., 2014). This study provides a deeper understanding of the rationale behind the adoption of Security Council decisions. By mapping the rules and principles of international law referred to in the text of Security Council resolutions, the proposed analysis attempts to conceptualize the legal mind of the Security Council.
The basis of the present research is quantitative and consists in coding and analyzing 611 resolutions adopted by the Security Council in the period of time between 2004 and 2013. The full text of resolutions is reported in the Security Council Annual Report to the General Assembly, which gathers all the questions considered by the Security Council during the year, as well as in the digital archive developed in 1995 by the U.N. Department of Public Information, which is freely available and provides direct access, via hypertext links, to each Security Council resolution since 1946. 26Security Council Resolutions, United Nations, www.un.org/en/sc/documents/resolutions/ (last visited Feb. 6, 2015).
The research methodology adopted is based on the textual analysis of a sample of resolutions representative of current Security Council practice. In order to establish the extent to which international law influences the politics of the Security Council and vice versa, an original database has been created. The coding method is organized in two parts. Firstly, to identify and classify existent categories of Security Council resolutions, individual resolutions have been grouped into different categories by using the descriptive formulation provided for all resolutions in the digital archive of the Security Council. Secondly, for each category of resolutions, two types of relevant rules have been identified. They include provisions of international law expressly mentioned in the text of resolutions, and principles developed by the Security Council which are not supported by positive international law.
As discussed below, the findings show that the overwhelming majority of Security Council resolutions address actual or potential breaches of international peace and security taking place in specific geopolitical regions, while the remaining ones regulate general issues variously related to the legitimacy of Security Council actions.
B. Security Council and International Law: A Conceptual Map
This Section examines the extent to which the Security Council relies upon international law. It shows evidence of the type of international legal instruments referred to in the text of resolutions. Such instruments have been divided into two groups. They include U.N. documents such as Security Council resolutions, PRSTs, General Assembly resolutions, and reports of the Secretary-General on one hand, and primary sources, such as treaties and customary international law (CIL) on the other hand. The analysis also considers generic reference to international law, including international humanitarian law, international human rights law, refugee law, and international standards.
Sometimes the same source is cited more than once in the same paragraph of a resolution. For the purpose of this study, only the first citation is taken into account. Furthermore, since the inquiry is restricted to evaluating the use of international legal instruments by the Security Council, generic reference to human rights or the rule of law is not reported.
The overall results show that the majority of citations concern U.N. documents in general and Security Council resolutions in particular. The latter are equally divided between resolutions on the same subject-matter of the resolution under scrutiny, and resolutions addressing related topics. Re-cited Security Council resolutions are often accompanied by reference to related PRSTs. In general, the Preamble contains a higher number of citations than the operative part of resolutions.
The most cited sets of resolutions address thematic issues—namely, women and peace and security, children in armed conflict, and protection of civilians in armed conflicts. Although merely declaratory, 27Declaratory Security Council resolutions and PRSTs are of quasi-legislative nature and have no normative effect. See Tsagourias, supra note 2, at 540. such resolutions and related PRSTs appear to have gained a special status among the sample of Security Council resolutions examined. Conversely, the resolutions on admissions of new members to the United Nations, those providing recommendations for the appointment of the new Secretary-General, those establishing a date of election to fill a vacancy in the International Court of Justice (ICJ), and the one providing a tribute to the outgoing Secretary-General do not contain any reference to international legal documents.
In a number of instances, compliance with relevant Security Council resolutions is required in absolute terms. 28S.C. Res. 1887, para. 10, U.N. Doc. S/RES/1887 (Sept. 24, 2009); S.C. Res. 1894, paras. 1, 6, U.N. Doc. S/RES/1894 (Nov. 11, 2009); S.C. Res. 1904, para. 44, U.N. Doc. S/RES/1904 (Dec. 17, 2009); S.C. Res. 1963, para. 17, U.N. Doc. S/RES/1963 (Dec. 20, 2010); S.C. Res. 2009, para. 11, U.N. Doc. S/RES/2009 (Sept. 16, 2011); S.C. Res. 2035, para. 15, U.N. Doc. S/RES/2035 (Feb. 17, 2012); S.C. Res. 2068, para. 1, U.N. Doc. S/RES/2068 (Sept. 19, 2012); S.C. Res. 2075, para. 2, U.N. Doc. S/RES/2075 (Nov. 16, 2012); S.C. Res. 2104, para. 5, U.N. Doc. S/RES/2104 (May 29, 2013); S.C. Res. 2126, para. 6, S/RES/2126 (Nov. 25, 2013). Whether this consolidated practice constitutes a precedent, at least with regard to resolutions referring to previous Security Council resolutions on the same subject-matter, 29S.C. Res. 1882, pmbl., U.N. Doc. S/RES/1882 (Aug. 4, 2009); S.C. Res. 1929, paras. 6, 16, U.N. Doc. S/RES/1929 (June 9, 2010); S.C. Res. 1998, para. 9, U.N. Doc. S/RES/1998 (July 12, 2011). is contested, although the answer seems to be negative. 30S.C. Res. 2118, pmbl., U.N. Doc. S/RES/2118 (Sept. 27, 2013). But see S.C. Res. 1904, supra note 28, ¶ 1 (establishing duties of compliance with previous Security Council resolutions on international terrorism for both U.N. members and non-member states). Likewise, re-cited Security Council resolutions do not appear to contribute to the creation or development of CIL. 31S.C. Res. 1918, pmbl., U.N. Doc. S/RES/1918 (Apr. 27, 2010) ("underscoring . . . that resolution 1897 shall not be considered as establishing customary international law"); see also S.C. Res. 1897, para. 8, U.N. Doc. S/RES/1897 (Nov. 30, 2009); S.C. Res. 1950, para. 8, U.N. Doc. S/RES/1950 (Nov. 23, 2010); S.C. Res. 2020, para. 10, U.N. Doc. S/RES 2020 (Oct. 12, 2011); S.C. Res. 2077, para. 13, U.N. Doc. S/RES/2077 (Nov. 21, 2012); S.C. Res. 2125, para. 13, U.N. Doc. S/RES/2125 (Nov. 18, 2013) ("underscoring that this resolution shall not be considered as establishing customary international law"); S.C. Res. 1976, pmbl., U.N. Doc. S/RES/1976 (Apr. 11, 2011); S.C. Res. 2015, pmbl., U.N. Doc. S/RES/2015 (Oct. 24, 2011). However, with regard to the legal force of resolutions, they stay on an equal footing with primary sources of international law. A passage from Security Council resolution 2087(2013), for example, reads: "Recognizing the freedom of all States to explore and use outer space in accordance with international law, including restrictions imposed by relevant Security Council resolutions." 32S.C. Res. 2087, pmbl., U.N. Doc. S/RES/2087 (Jan. 22, 2013). Nonetheless, certain treaty provisions are recognized as the standard of international legality and might be successful in mitigating, to a certain extent, the discretionary powers of the Security Council. Prominent examples are the Treaty of Non-Proliferation of Nuclear Weapons (NPT), 33S.C. Res. 1887, pmbl., supra note 28 ("Underlining that the NPT remains the cornerstone of the nuclear non-proliferation regime and the essential foundation for the pursuit of nuclear disarmament and for the peaceful uses of nuclear energy, Reaffirming its firm commitment to the NPT and its conviction that the international nuclear non-proliferation regime should be maintained and strengthened to ensure its effective implementation, . . ."). the U.N. Convention on the Law of the Sea (UNCLOS), 34S.C. Res. 2018, pmbl., U.N. Doc. S/RES/2018 (Oct. 31, 2011) ("Affirming that international law, as reflected in the United Nations Convention on the Law of the Sea of 10 December 1982, in particular its articles 100, 101 and 105, sets out the legal framework applicable to countering piracy and armed robbery at sea, as well as other ocean activities"); see also S.C. Res. 2125, supra note 31, pmbl.; S.C. Res. 2077, supra note 31, pmbl.; S.C. Res. 2039, pmbl., U.N. Doc. S/RES/2039 (Feb. 29, 2012); S.C. Res. 2020, supra note 31, pmbl.; S.C. Res. 2015, supra note 31, pmbl.; S.C. Res. 1976, supra note 31, pmbl.; S.C. Res. 1950, supra note 31, pmbl.; S.C. Res. 1918, supra note 31, pmbl.; S.C. Res. 1897, supra note 31, pmbl.; S.C. Res. 1851, pmbl., U.N. Doc. S/RES/1851 (Dec. 16, 2008); S.C. Res. 1846, pmbl., U.N. Doc. S/RES/1846 (Dec. 2, 2008); S.C. Res. 1838, pmbl., U.N. Doc. S/RES/1838 (Oct. 7, 2008); S.C. Res. 1816, pmbl., U.N. Doc. S/RES/1816 (June 2, 2008). the Geneva Conventions, 35S.C. Res. 1894, supra note 28, pmbl. ("[T]he Geneva Conventions of 1949, which together with their Additional Protocols constitute the basis for the legal framework for the protection of civilians in armed conflict."). and the purposes and principles of the U.N. Charter. 36S.C. Res. 1894, supra note 28, pmbl.; S.C. Res. 1874, pmbl., U.N. Doc. S/RES/1874 (June 12, 2009); S.C. Res. 1817, pmbl., U.N. Doc. S/RES/1817 (June 11, 2008); S.C. Res. 1688, pmbl., U.N. Doc. 1688 (June 16 2006); S.C. Res. 1645, pmbl., U.N. Doc. S/RES/1645 (Dec. 20, 2005); see also S.C. Res. 2123, U.N. Doc. S/RES/2123 (Nov. 12, 2013) (supporting resolutions on Bosnia and Herzegovina); S.C. Res. 2099, U.N. Doc. S/RES/2099 (Apr. 25, 2013) (supporting Western Sahara resolutions); S.C. Res. 1894, supra note 28 (providing protection of civilians in armed conflict).
The analysis also shows that particular sets of resolutions stand out either for the abundance or the paucity of the sources of international law other than United Nations documents referred to in the text of those resolutions. Resolutions on Somalia as well as those drawing on the reports of the Secretary-General on Sudan are examples of the first type. They both address situations classified as breaches of international peace and security, and represent the cusp of a trend in which Security Council resolutions addressing situations taking place in Africa rely heavily upon international legal instruments as the preferred means for eliciting compliance of their addressees. 37See, for instance, the Resolutions on the Democratic Republic of the Congo, Ivory Coast, Mali, Peace and security in Africa, Sudan/South Sudan. S.C. Res. 2179, U.N. Doc. S/RES/2179 (Oct. 14, 2014) (South Sudan); S.C. Res. 2177, U.N. Doc. S/RES/2177 (Sept. 18, 2014) (Africa); S.C. Res. 2164, U.N. Doc. S/RES/2164 (June 25, 2014) (Mali); S.C. Res. 2153, U.N. Doc. S/RES/2153 (Apr. 29, 2014) (Ivory Coast); S.C. Res. 2147, U.N. Doc. S/RES/2147 (Mar. 28, 2014) (Dem. Rep. Congo). Contrast resolutions on Liberia and Sierra Leone. S.C. Res. 2188, U.N. Doc. S/RES/2188 (Dec. 9, 2014) (Liberia); S.C. Res. 2065, U.N. Doc. S/RES/2065 (Sept. 12, 2012) (Sierra Leone). Most notably, the resolutions on the reports of the Secretary-General on Sudan contain a well-proportioned amount of reference to sources of international law in both the Preamble and the operative part of resolutions. Sources referred to include treaties, various U.N. documents and generic reference to international law, including international humanitarian and human rights law in equal measure. 38See generally U.N. Secretary-General, Report on South Sudan, U.N. Doc. S/2014/821 (Nov. 18, 2014); U.N. Secretary-General, Report on South Sudan, U.N. Doc. S/2014/537 (July 25, 2014). On the other hand, the distinctive trait of resolutions on Somalia is that they are the only ones to mention CIL and, 39S.C. Res. 2182, para. 21, U.N. Doc. S/RES/2182 (Oct. 24, 2014). contrary to the majority of Security Council resolutions under scrutiny, place more emphasis on international human rights law rather than humanitarian law.
Resolutions on Afghanistan and threats to international peace and security caused by terrorist acts pertain to the second type. Reference to international treaties is virtually absent in the latter, with the Bonn Agreement of 2005 on Afghanistan mentioned once in the Preamble to resolution 1988 (2011). 40S.C. Res. 1988, pmbl., U.N. Doc. S/RES/1988 (June 17, 2011). This set of resolutions is also characterized by a continuous reference, both in the Preamble and in the operative part, to previous Security Council resolutions on Afghanistan and general issues relating to sanctions. Resolution 1904 (2009) also dictates that all States, U.N. members and non-members alike, must take the measures to combat international terrorism as imposed by previous Security Council resolutions. 41S.C. Res. 1904, supra note 28, ¶ 1. Despite sporadic reference to international law, humanitarian law, international human rights law and refugee law in the Preamble, however, it is hard to single out the parameter of legality adopted by the Security Council to justify its actions other than Security Council resolutions themselves.
On the other hand, resolutions on Afghanistan tend to supply the paucity of reference to international treaties with great attention to Security Council resolutions on women, children, and civilians as well as resolutions on threats to international peace and security caused by terrorist acts. In light of the considerations above, this suggests that only the former set of resolutions—women, children, and civilians—may be regarded as the legal basis of Security Council actions, 42On the effectiveness of these sets of resolutions, see infra Part IV. in addition to the U.N. Charter provisions establishing the Security Council mandate.
Finally, the empirical results show that two individual resolutions possess unique features. The first one is resolution 1929(2010) on nuclear non-proliferation in Iran. It stands out as the most politicized of the resolutions under scrutiny as it establishes that to restore the confidence of the international community, the strategy for resolving the Iranian nuclear issue through peaceful means must conform to proposals made by the P5. 43S.C. Res. 1929, supra note 29, pmbl., ¶ 32 (operative); see also S.C. Res. 1696, para. 4, U.N. Doc. S/RES/1696 (July 31, 2006). The second one is resolution 2059(2012) on the situation in the Middle East. In this resolution, the absence of any reference to any previous Security Council resolutions—either on the same subject-matter or related ones, as well as to international treaties—is striking.
III. Reuniting "Is" and "Ought"
So far the analysis has shown that any attempts at assessing Security Council practice over a decade rely upon a particular vision of its role in addressing threats to or breaches of international peace and security. 44Chesterman, Franck & Malone, supra note 1, at 575–96. In particular, the previous Parts of this Article have examined what is the normative context stemming from selected provisions of the U.N. Charter and discussed the extent to which international law is able to shape Security Council practice with a view to finding coherence between theory and practice of Security Council powers. This Part aims to establish whether the proclaimed Security Council commitment to upholding applicable international law is tainted by appearance of bias. To that end, it creates a taxonomy of Security Council decisions adopted in a period of ten years (2004–2013) in order to find selection effects. The empirical analysis is based on simple statistics and includes actions adopted—namely, resolutions and PRSTs—as well as vetoes, inactions, and the outcome of private meetings.
In the period from 2004 to 2013, the Security Council adopted 1021 decisions, including 611 resolutions and 410 PRSTs. Grouped by categories of actions, the aggregated data shows that seventy-seven percent of all Security Council decisions address issues with a regional scope while sixteen percent of decisions address thematic issues. The remaining decisions, comprising seven percent, include actions previously agreed upon or taken by the broader family of United Nations institutions and seconded by the Security Council.
Figure 1: Composition of Security Council decisions (2004-2013)
The disaggregated data in the geopolitical section further demonstrates that 496 decisions—comprising forty-nine percent of all Security Council decisions, concern the African continent while 172 decisions—comprising seventeen percent, concern the Middle East region. 45There is no generally accepted definition of Middle East. See Huseyin Yilmaz, The Eastern Question and the Ottoman Empire: The Genesis of the Near and Middle East in the Nineteenth Century, in Is There a Middle East? The Evolution of a Geopolitical Concept 11 (Michael E. Bonine, Abbas Amanat & Michael E. Gasper eds., 2011). For the purposes of this article, the broadest concept is used. Taken together, the number of Security Council decisions addressing issues taking place in Africa and the Middle East is equal to 668 out of 788—comprising eighty-five percent of Security Council decisions on geopolitical regions. The figures do not take into consideration any decision addressing United Nations activities in those geopolitical areas (which have been classified as "U.N./Other" related issues), but only actions taken by the Security Council.
Figure 2: Composition of decisions on geopolitical regions (2004-2013)
Table 3: Decisions on geopolitical regions (2004-2013)
Category of action
All decisions
Decisions on geopolitical regions
In light of the above, it is significant that sixty-six percent of all Security Council decisions adopted between 2004 and 2013 specifically target Africa and the Middle East whereas the remaining thirty-four percent address the remaining issues without giving prominence to any particular subject-matter. Assuming that the Security Council has not acted ultra vires, 46On this issue, see Rosand, supra note 2. the findings of the empirical analysis also suggest that the actions taken by the Security Council address situations representing threats to international peace and security, and, therefore, fall under the purview of its mandate. However, the major point of concern is that the margin of discretion of Security Council members in general, and the P5 in particular, reflects the scenario of international relations and diplomatic interactions between members of the international community. 47Henry J. Steiner & Philip Alston, International Human Rights in Context: Law, Politics, Morals 651–53 (2000) (discussing gross violations of human rights and the Security Council's impasse caused by political convenience of the P5); see also Rhona K.M. Smith, Textbook on International Human Rights 54 (2010) (arguing that "[t]he most serious compliant raised against the Security Council is that it is less likely to take action against its permanent members"). This, in turn, suggests that the actions taken by the Security Council in the period of time from 2004 to 2013 are tainted by selection bias. The number of Security Council meetings concluded without any action corroborates this conclusion, since the number of inactions related to geopolitical issues is equal to 753 out of 1040, comprising seventy-three percent, and within this section, 622 inactions concern issues taking place in Africa and the Middle East, comprising eighty-three percent.
Table 4: Decisions divided by categories of activities (2004-2013)
Category of activity
U.N./Other
PRSTs
Private meetings (statements)
Inactions
130**
* Fig. includes 46 inactions related to the functioning of the Security Council
** Fig. includes 83 inactions related to the functioning of the Security Council
Overall, the numerical evidence yielded by this study shows that although individual Security Council decisions comply with the terms of its mandate, the selection of subject-matters representing the object of the decisions adopted between 2004 and 2013 ultimately amounts to a biased compliance with the U.N. Charter obligations. By assessing the implications of the results of data analysis on the internal and external coherence of current Security Council practice, the remainder of this Part explores the possibility to reunite what "is" and what "ought to be" current and future Security Council practice. 48Joshua B. Fischman, Reuniting 'Is' and 'Ought' in Empirical Legal Scholarship, 162 U. Penn. L. Rev. 117, 168 (2013).
The issue of external coherence refers to the relation between the Security Council and other U.N. organs—namely, the Secretary-General and the General Assembly. Previous studies have shown that because of the veto power, whether actual or threatened, certain decisions turn out to be impractical and have, therefore, suggested that alternative approaches and levels of discussion might help ameliorate the situation. 49Deplano, supra note 16. For instance, the level of decision-making regarding threats to or breaches of international peace and security could be shared with other primary organs of the United Nations, at least at the preliminary stages of discussion leading to the possible inclusion of a matter on the Security Council agenda.
One such organ is the Secretary-General. As established practice shows, there is an ongoing exchange of letters between the Secretary-General and the Security Council President on current and potential issues on the Security Council agenda. 50Id. at 148–49. However, although such an exchange is meant to improve the overall Security Council action strategy, the Security Council recognizes the role of the Secretary-General as merely consultative. 51S.C. Res. 1998, supra note 29, ¶ 2; S.C. Res. 1882, supra note 29, ¶ 2; S.C. Res. 1612, para. 4, U.N. Doc. S/RES/1612 (July 26, 2005); S.C. Pres. Statement 2010/10, para. 16, U.N. Doc. S/PRST/2010/10 (June 16, 2010). In strict legal terms, this restrictive attitude of the Security Council stems from the wording of the U.N. Charter by virtue of Article 24, which confers "primary responsibility" on the Security Council for the maintenance of international peace and security. On the other side of the spectrum, Article 99 of the U.N. Charter may be invoked as the basis of the Secretary-General's political activities. 52Edward Newman, Secretary-General, in Weiss & Daws, supra note 1, at 177–78. It reads: "The Secretary-General may bring to the attention of the Security Council any matter which in his opinion may threaten the maintenance of international peace and security." 53U.N. Charter art. 99.
Although formulated in broad terms, the right of the Secretary-General under Article 99 has limited relevance in constraining the powers of the Security Council. As the history of the drafting of Article 99 shows, the Secretary-General was not intended to preside over the Security Council or to dictate its agenda. 54Stephen M. Schwebel, The Origins and Development of Article 99 of the Charter, 28 Brit. Y.B. Int'l L. 371 (1951). By no coincidence, the final formulation of Article 99 was proposed by a P5, thus confirming the political nature of the Security Council. 55Id. at 374.
Another alternative might consist of a duty of the Security Council to take into consideration matters referred to it by the General Assembly and publicly justify its decisions as to whether or not take action in light of applicable provisions of the U.N. Charter and international law. As things stand, the General Assembly may discuss any questions relating to the maintenance of international peace and security and make any recommendations to Member States and the Security Council on any such questions. 56U.N. Charter arts. 10–11. However, the rights of the General Assembly are subject to the provision of Article 12 of the U.N. Charter: "While the Security Council is exercising in respect of any dispute or situation the functions assigned to it in the present Charter, the General Assembly shall not make any recommendation with regard to that dispute or situation unless the Security Council so requests." 57Id. art. 12.
Absent any duty of the Security Council to take into consideration situations of potential breach of international peace and security brought to its attention by other U.N. organs, such as the Secretary-General and the General Assembly, the possibility to create, and clarify, the normative parameter of legitimacy of Security Council actions is constantly jeopardized by the Security Council power to decide the degree of necessity of its intervention based on political considerations. 58In the Security Council resolutions and presidential statements on women, children and civilians there are countless references to the unlimited discretion of the Security Council in assessing matters brought to its attentions ("where necessary" and "on a case-by-case basis"). See, for instance, S.C. Pres. Statement 2002/6, U.N. Doc. S/PRST/2002/6 (Mar. 15, 2002). Given the broad formulation of Article 24 of the U.N. Charter, even the principle laid out by the ICJ on the political character of an organ of the United Nations, such as the Security Council, cannot be regarded as decisive in determining the legitimacy of Security Council actions:
The political character of an organ cannot release it from the observance of the treaty provisions established by the Charter when they constitute limitations on its powers or criteria for its judgment. To ascertain whether an organ has freedom of choice for its decisions, reference must be made to the terms of its constitution. 59Conditions of Admission of a State to Membership in the United Nations, 1948 I.C.J. 57, 64 (May 28, 1948) (emphasis added).
This has led certain international scholarship to conclude that "such lack of accountability and failure to provide remedies against an injudicious Security Council in itself poses a threat to international peace and security." 60Javaid Rehman, International Human Rights Law 39 (2010).
Perhaps the best way to establish a benchmark of international legality would be to ensure a high level of internal coherence of Security Council decisions. Resolutions and PRSTs addressing thematic issues, for example, could be used to set a parameter of legality for future Security Council actions. Such use of precedent would not be contrary to the Security Council mandate nor would it be perceived as an undue interference by the P5, since the content of thematic resolutions is decided by the Security Council itself. Conversely, it would bring benefit in the international legal system as it would start a process of codification of the legal mind of the Security Council. However, the effectiveness of this proposal is doubtful in many ways. In particular, whereas reasons of consistency and reasonableness of Security Council actions suggest that it is unlikely that the Security Council would treat identical situations in different ways without any serious justification, the definition of international peace and security is so broad that cannot eliminate selection bias relating to the issues included on the Security Council agenda.
The issue of interpretation of Security Council resolutions is highly contested. Scholars and international tribunals alike differ in their approach to the interpretation of the scope of individual resolutions, the determination of which clarifies their legal effect. 61Sienho Yee, The Dynamic Interplay between the Interpreters of Security Council Resolutions, 11 Chinese J. Int'l L. 613 (2012). By providing a systematic analysis of a sample comprising over a quarter of Security Council practice since 1946, this article has provided an alternative perspective.
The findings of the analysis show that the Security Council has developed a self-contained legal mind under the aegis of the U.N. Charter. Part III, in particular, has demonstrated that references to primary sources of international law in the text of resolutions abound, and they seem to have some influence on the behavioral patterns of the Security Council. However, as the adopted resolutions do not set a precedent, the sources of international law cited therein fail to establish an objective parameter of international legality. In addition, Part IV has shown that the powers of the Security Council are characterized by an inherent tension between compliance with the terms of its mandate and a degree of discretion related to the selection of subject-matters, which ultimately amounts to a biased compliance with its U.N. Charter obligations.
This leads to the conclusion that while the discretionary powers of the Security Council cannot be eliminated, its commitment to enhancing existent regimes of international law such as humanitarian law exercises some influence over its politics, as the case of the resolutions on women, children, and civilians demonstrate. At the same time, this constructive attitude of the Security Council contributes to strengthening the authority of existent rules and principles of international law. On the other side of the spectrum, it appears that, outside the area of international terrorism, the scrutinized behavioral regularities of the Security Council have little or no influence on the development of international law.
APPENDIX 1—LIST OF RESOLUTIONS (2004-2013)
No. of Res.
Admission of new members
Geopolitical regions
Chad, Central African Republic and the sub-region
Children and armed conflict
Thematic issue
Cooperation between the U.N. and regional and sub-regional organizations in maintaining international peace and security
Date of election to fill a vacancy in the ICJ
General issues relating to sanctions
ICTR
ICTR and ICTY
Letter from the permanent Representative of Japan to the U.N.
Letter from the Secretary-General (S/2006/920)
Maintenance of international peace and security
Maintenance of international peace and security: nuclear non-proliferation and nuclear disarmament
Middle East, including the Palestinian question
Non-proliferation
Non-proliferation/Democratic People's Republic of Korea
Non-proliferation/Iran
Non-proliferation of weapons of mass destruction
Peace and security in Africa
Peace consolidation in West Africa
Post-conflict peacebuilding
Protection of civilians in armed conflicts
Recommendations for the appointment of the Secretary-General
Reports of the Secretary-General on Sudan
Security Council meetings in Nairobi
Situation between Eritrea and Ethiopia
Situation between Iraq and Kuwait
Sudan sanctions
Sudan/South Sudan
Threats to international peace and security (Security Council Summit 2005)
Threats to international peace and security caused by terrorist acts
Tribute to the outgoing Secretary-General
U.N. peacekeeping operations
Women and peace and security
APPENDIX 2—LIST OF PRESIDENTIAL STATEMENTS (2004-2013)
No. of PRSTs
Briefings by chairmen of Security Council subsidiary bodies
Central African Region
Chad, Central African Republic and the subregion
Chad and Sudan
Civilian aspects of conflict: management and peacebuilding
Cooperation between the U.N. and regional organizations in stabilization processes
Cross-border issues in West Africa
Decision of Libya to abandon its weapons of mass destruction
Eritrea and Ethiopia
Institutional relationship with the African Union
Iraq and Kuwait
Justice and the rule of law
Letter from Chargé d'affaires of the Permanent Mission of Papua New Guinea
Letter from Permanent Representative of Japan
Letter from the Permanent Representative of Korea
Letter from Permanent Representative of Sudan
Maintenance of international peace and security: interdependence between security and development
Maintenance of international peace and security: mediation and settlement of disputes
Maintenance of international peace and security: natural resources and conflict
Maintenance of international peace and security: piracy
Maintenance of international peace and security: preventive diplomacy
Maintenance of international peace and security: regulation and reduction of armaments
Maintenance of international peace and security: role of Security Council in supporting security sector reform
Maintenance of international peace and security: role of Security Council in humanitarian crises
Peace and security in Africa: the Sahel region
Post-conflict national reconciliation: role of the United Nations
Post-conflict peacebuilding: institution-building
Relationship between the United Nations and regional and sub-regional organizations in the maintenance of international peace and security
Responsibility of the Security Council in the maintenance of international peace and security: HIV/AIDS and peacekeeping operations
Role of civil society in conflict prevention and the pacific settlement of disputes
Role of regional and sub-regional organizations in the maintenance of international peace and security
Security Council resolutions 1160(1998), 1199(1998), 1203(1998), 1239(1999) and 1244(1999)
Threats to international peace and security
APPENDIX 3—VETO LIST (2004-2013)
Agenda item
Permanent member casting negative vote
Middle East situation, including the Palestinian question
S/2007/14
China; Russian Federation
Middle East situation
Middle East situation: Syria
∗LL.B, LL.M, Ph.D., Lecturer, Brunel University London (U.K.). I would like to thank Dr. Paolo Vargiu for his comments on earlier drafts and Dr. Patricia Hobbs for her constant support. All mistakes remain mine.
1See, e.g., David M. Malone, Security Council, in The Oxford Handbook on the United Nations 117 (Thomas G. Weiss & Sam Daws eds., 2008). See generally, e.g., Simon Chesterman, Thomas M. Franck, & David M. Malone, Law and Practice of the United Nations: Documents and Commentary (2008); Antonios Tzanakopoulos, Disobeying the Security Council (2013); Sufyan Droubi, Resisting United Nations Security Council Resolutions (2014); Erika de Wet, The Chapter VII Powers of the United Nations Security Council (2004).
2See generally, Anne Peters, Functions and Powers:Article 24, in 1 The Charter of the United Nations: A Commentary 2011 (Bruno Simma et al. eds., 2012); Nicholas Tsagourias, Security Council Legislation, Article 2(7) of the UN Charter, and the Principle of Subsidiarity, 24 Leiden J. Int'l L. 539 (2011); Eric Rasand, The Security Council as "Global Legislator": Ultra Vires or Ultra Innovative?, 28 Fordham Int'l L.J. 542 (2005); Munir Akram & Syed H. Shah, The Legislative Powers of the United Nations Security Council, in Towards World Constitutionalism: Issues in the Legal Ordering of the World Community 431 (Ronald St. John Macdonald & Douglas M. Johnston eds., 2005); Axel Marschik, Legislative Powers of the Security Council, in Towards World Constitutionalism: Issues in the Legal Ordering of the World Community 457 (Ronald St. John Macdonald & Douglas M. Johnston eds., 2005); Cathleen Powell, The Legal Authority of the United Nations Security Council, in Security and Human Rights 157 (Benjamin J. Goold & Liora Lazarus eds., 2007); Bardo Fassbender, The United Nations Charter as Constitution of the International Community (2009).
3See generally, e.g., Christian Henderson & Noam Lubell, The Contemporary Legal Nature of UN Security Council Ceasefire Resolutions, 26 Leiden J. Int'l L. 369 (2013).
4See, e.g., Michael Barnett & Martha Finnemore, Political Approaches, in The Oxford Handbook on the United Nations, supra note 1, at 41.
5Nigel Rodley & Başak Çali, Use of Force in International Law, in International Law for International Relations 226 (Başak Çali ed., 2010).
6See id.
7S.C. Res. 144, U.N. Doc. S/4395 (July 19, 1960).
8 U.N. Security Council action on Crimea referendum blocked, U.N. News Centre (Mar. 15, 2014), http://www.un.org/apps/news/story.asp?NewsID=47362#.VNE-dGQbDTE (referring to S.C. Draft Res. 189, U.N. Doc. S/2014/189 (Mar. 14, 2014)).
9U.N. Charter art. 39.
10See id.
11Rodley & Çali, in International Law for International Relations, supra note 5, at 225.
12See Reparation for Injuries Suffered in the Service of the United Nations, Advisory Opinion, 1949 I.C.J. 174, 178 (Apr. 11); Legal Consequences for States of the Continued Presence of South Africa in Namibia (South West Africa) Notwithstanding Security Council Resolution 276, Advisory Opinion, 1971 I.C.J. 16, ¶ 109 (June 21).
13Tsagourias, supra note 2, at 545–47. See generally, S.C. Res. 1373, U.N. Doc. S/RES/1373 (Sept. 28, 2001); S.C. Res. 1540, U.N. Doc. S/RES/1540 (Apr. 28, 2004); S.C. Res. 1636, U.N. Doc. S/RES/1636 (Oct. 31, 2005); S.C. Res. 1701, U.N. Doc. S/RES/1701 (Aug., 11, 2006); S.C. Res. 1737, U.N. Doc. S/RES/1737 (Dec. 27, 2006); S.C. Res. 1803, U.N. Doc. S/RES/1803 (Mar. 3, 2008).
14U.N. Charter arts. 27, 31–32.
15U.N. S.C., Provisional Rules of Procedure of the Security Council, rules 40–57, U.N. Doc. S/96 (June 27, 1946).
16U.N. S.C. Pres., Note by the President of the Security Council, para. 2, U.N. Doc. S/2010/507 (July 26, 2010) [hereinafter Note 507]. For further analysis on procedural aspects of the Security Council decision making, see Rossana Deplano, Building a Taxonomy of United Nations Security Council Decisions: A Biased Compliance with the UN Charter Obligations?, 1 St. Prac. & Int'l L.J. 143 (2014).
17United Nations, The Security Council Working Methods Handbook 90 (2012).
18See Andreas Zimmerman, Voting: Article 27, in The Charter of the United Nations: A Commentary, supra note 2, at 1820 (Bruno Simma et al. eds., 2012). On the interpretation of Security Council resolutions, see generally Alexander Orakhelashvili, The Acts of the Security Council: Meaning and Standards of Review, 11 Max Planck Y.B. U.N. L. 143 (2007).
19U.N. Charter, art. 11, para 3.
20Rodley & Çali, in International Law for International Relations supra note 5, at 228.
21Chesterman et al., supra note 1, at 133.
22See Certain Expenses of the United Nations (Article 17, Paragraph 2, of the Charter), Advisory Opinion, 1962 I.C.J. 151, 167–68 (July 20).
23Deplano, supra note 16, at 139–41.
24Id. at 139.
25See generally, e.g., Paolo Vargiu & Rossana Deplano, The Human Rights Dimension of UN Security Council Resolutions, in Essays on Human Rights: A Celebration of the Life of Dr. Janusz Kochanowski 523 (Jo Carby-Hall ed., 2014).
26Security Council Resolutions, United Nations, www.un.org/en/sc/documents/resolutions/ (last visited Feb. 6, 2015).
27Declaratory Security Council resolutions and PRSTs are of quasi-legislative nature and have no normative effect. See Tsagourias, supra note 2, at 540.
28S.C. Res. 1887, para. 10, U.N. Doc. S/RES/1887 (Sept. 24, 2009); S.C. Res. 1894, paras. 1, 6, U.N. Doc. S/RES/1894 (Nov. 11, 2009); S.C. Res. 1904, para. 44, U.N. Doc. S/RES/1904 (Dec. 17, 2009); S.C. Res. 1963, para. 17, U.N. Doc. S/RES/1963 (Dec. 20, 2010); S.C. Res. 2009, para. 11, U.N. Doc. S/RES/2009 (Sept. 16, 2011); S.C. Res. 2035, para. 15, U.N. Doc. S/RES/2035 (Feb. 17, 2012); S.C. Res. 2068, para. 1, U.N. Doc. S/RES/2068 (Sept. 19, 2012); S.C. Res. 2075, para. 2, U.N. Doc. S/RES/2075 (Nov. 16, 2012); S.C. Res. 2104, para. 5, U.N. Doc. S/RES/2104 (May 29, 2013); S.C. Res. 2126, para. 6, S/RES/2126 (Nov. 25, 2013).
29S.C. Res. 1882, pmbl., U.N. Doc. S/RES/1882 (Aug. 4, 2009); S.C. Res. 1929, paras. 6, 16, U.N. Doc. S/RES/1929 (June 9, 2010); S.C. Res. 1998, para. 9, U.N. Doc. S/RES/1998 (July 12, 2011).
30S.C. Res. 2118, pmbl., U.N. Doc. S/RES/2118 (Sept. 27, 2013). But see S.C. Res. 1904, supra note 28, ¶ 1 (establishing duties of compliance with previous Security Council resolutions on international terrorism for both U.N. members and non-member states).
31S.C. Res. 1918, pmbl., U.N. Doc. S/RES/1918 (Apr. 27, 2010) ("underscoring . . . that resolution 1897 shall not be considered as establishing customary international law"); see also S.C. Res. 1897, para. 8, U.N. Doc. S/RES/1897 (Nov. 30, 2009); S.C. Res. 1950, para. 8, U.N. Doc. S/RES/1950 (Nov. 23, 2010); S.C. Res. 2020, para. 10, U.N. Doc. S/RES 2020 (Oct. 12, 2011); S.C. Res. 2077, para. 13, U.N. Doc. S/RES/2077 (Nov. 21, 2012); S.C. Res. 2125, para. 13, U.N. Doc. S/RES/2125 (Nov. 18, 2013) ("underscoring that this resolution shall not be considered as establishing customary international law"); S.C. Res. 1976, pmbl., U.N. Doc. S/RES/1976 (Apr. 11, 2011); S.C. Res. 2015, pmbl., U.N. Doc. S/RES/2015 (Oct. 24, 2011).
32S.C. Res. 2087, pmbl., U.N. Doc. S/RES/2087 (Jan. 22, 2013).
33S.C. Res. 1887, pmbl., supra note 28 ("Underlining that the NPT remains the cornerstone of the nuclear non-proliferation regime and the essential foundation for the pursuit of nuclear disarmament and for the peaceful uses of nuclear energy, Reaffirming its firm commitment to the NPT and its conviction that the international nuclear non-proliferation regime should be maintained and strengthened to ensure its effective implementation, . . .").
34S.C. Res. 2018, pmbl., U.N. Doc. S/RES/2018 (Oct. 31, 2011) ("Affirming that international law, as reflected in the United Nations Convention on the Law of the Sea of 10 December 1982, in particular its articles 100, 101 and 105, sets out the legal framework applicable to countering piracy and armed robbery at sea, as well as other ocean activities"); see also S.C. Res. 2125, supra note 31, pmbl.; S.C. Res. 2077, supra note 31, pmbl.; S.C. Res. 2039, pmbl., U.N. Doc. S/RES/2039 (Feb. 29, 2012); S.C. Res. 2020, supra note 31, pmbl.; S.C. Res. 2015, supra note 31, pmbl.; S.C. Res. 1976, supra note 31, pmbl.; S.C. Res. 1950, supra note 31, pmbl.; S.C. Res. 1918, supra note 31, pmbl.; S.C. Res. 1897, supra note 31, pmbl.; S.C. Res. 1851, pmbl., U.N. Doc. S/RES/1851 (Dec. 16, 2008); S.C. Res. 1846, pmbl., U.N. Doc. S/RES/1846 (Dec. 2, 2008); S.C. Res. 1838, pmbl., U.N. Doc. S/RES/1838 (Oct. 7, 2008); S.C. Res. 1816, pmbl., U.N. Doc. S/RES/1816 (June 2, 2008).
35S.C. Res. 1894, supra note 28, pmbl. ("[T]he Geneva Conventions of 1949, which together with their Additional Protocols constitute the basis for the legal framework for the protection of civilians in armed conflict.").
36S.C. Res. 1894, supra note 28, pmbl.; S.C. Res. 1874, pmbl., U.N. Doc. S/RES/1874 (June 12, 2009); S.C. Res. 1817, pmbl., U.N. Doc. S/RES/1817 (June 11, 2008); S.C. Res. 1688, pmbl., U.N. Doc. 1688 (June 16 2006); S.C. Res. 1645, pmbl., U.N. Doc. S/RES/1645 (Dec. 20, 2005); see also S.C. Res. 2123, U.N. Doc. S/RES/2123 (Nov. 12, 2013) (supporting resolutions on Bosnia and Herzegovina); S.C. Res. 2099, U.N. Doc. S/RES/2099 (Apr. 25, 2013) (supporting Western Sahara resolutions); S.C. Res. 1894, supra note 28 (providing protection of civilians in armed conflict).
37See, for instance, the Resolutions on the Democratic Republic of the Congo, Ivory Coast, Mali, Peace and security in Africa, Sudan/South Sudan. S.C. Res. 2179, U.N. Doc. S/RES/2179 (Oct. 14, 2014) (South Sudan); S.C. Res. 2177, U.N. Doc. S/RES/2177 (Sept. 18, 2014) (Africa); S.C. Res. 2164, U.N. Doc. S/RES/2164 (June 25, 2014) (Mali); S.C. Res. 2153, U.N. Doc. S/RES/2153 (Apr. 29, 2014) (Ivory Coast); S.C. Res. 2147, U.N. Doc. S/RES/2147 (Mar. 28, 2014) (Dem. Rep. Congo). Contrast resolutions on Liberia and Sierra Leone. S.C. Res. 2188, U.N. Doc. S/RES/2188 (Dec. 9, 2014) (Liberia); S.C. Res. 2065, U.N. Doc. S/RES/2065 (Sept. 12, 2012) (Sierra Leone).
38See generally U.N. Secretary-General, Report on South Sudan, U.N. Doc. S/2014/821 (Nov. 18, 2014); U.N. Secretary-General, Report on South Sudan, U.N. Doc. S/2014/537 (July 25, 2014).
39S.C. Res. 2182, para. 21, U.N. Doc. S/RES/2182 (Oct. 24, 2014).
40S.C. Res. 1988, pmbl., U.N. Doc. S/RES/1988 (June 17, 2011).
41S.C. Res. 1904, supra note 28, ¶ 1.
42On the effectiveness of these sets of resolutions, see infra Part IV.
43S.C. Res. 1929, supra note 29, pmbl., ¶ 32 (operative); see also S.C. Res. 1696, para. 4, U.N. Doc. S/RES/1696 (July 31, 2006).
44Chesterman, Franck & Malone, supra note 1, at 575–96.
45There is no generally accepted definition of Middle East. See Huseyin Yilmaz, The Eastern Question and the Ottoman Empire: The Genesis of the Near and Middle East in the Nineteenth Century, in Is There a Middle East? The Evolution of a Geopolitical Concept 11 (Michael E. Bonine, Abbas Amanat & Michael E. Gasper eds., 2011). For the purposes of this article, the broadest concept is used.
46On this issue, see Rosand, supra note 2.
47Henry J. Steiner & Philip Alston, International Human Rights in Context: Law, Politics, Morals 651–53 (2000) (discussing gross violations of human rights and the Security Council's impasse caused by political convenience of the P5); see also Rhona K.M. Smith, Textbook on International Human Rights 54 (2010) (arguing that "[t]he most serious compliant raised against the Security Council is that it is less likely to take action against its permanent members").
48Joshua B. Fischman, Reuniting 'Is' and 'Ought' in Empirical Legal Scholarship, 162 U. Penn. L. Rev. 117, 168 (2013).
49Deplano, supra note 16.
50Id. at 148–49.
51S.C. Res. 1998, supra note 29, ¶ 2; S.C. Res. 1882, supra note 29, ¶ 2; S.C. Res. 1612, para. 4, U.N. Doc. S/RES/1612 (July 26, 2005); S.C. Pres. Statement 2010/10, para. 16, U.N. Doc. S/PRST/2010/10 (June 16, 2010).
52Edward Newman, Secretary-General, in Weiss & Daws, supra note 1, at 177–78.
53U.N. Charter art. 99.
54Stephen M. Schwebel, The Origins and Development of Article 99 of the Charter, 28 Brit. Y.B. Int'l L. 371 (1951).
56U.N. Charter arts. 10–11.
57Id. art. 12.
58In the Security Council resolutions and presidential statements on women, children and civilians there are countless references to the unlimited discretion of the Security Council in assessing matters brought to its attentions ("where necessary" and "on a case-by-case basis"). See, for instance, S.C. Pres. Statement 2002/6, U.N. Doc. S/PRST/2002/6 (Mar. 15, 2002).
59Conditions of Admission of a State to Membership in the United Nations, 1948 I.C.J. 57, 64 (May 28, 1948) (emphasis added).
60Javaid Rehman, International Human Rights Law 39 (2010).
61Sienho Yee, The Dynamic Interplay between the Interpreters of Security Council Resolutions, 11 Chinese J. Int'l L. 613 (2012).
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Zuckerberg denies that Facebook prioritizes profits over user safety
Mark Zuckerberg, chief executive officer and founder of Facebook Inc., speaks during a House Energy and Commerce Committee hearing in Washington, D.C., U.S., on Wednesday, April 11, 2018.
Andrew Harrer | Bloomberg | Getty Images
Facebook CEO Mark Zuckerberg on Tuesday finally addressed the series of claims made by whistleblower Frances Haugen, denying that the social media company prioritizes its profits over the safety of its users.
"At the heart of these accusations is this idea that we prioritize profit over safety and well-being," Zuckerberg said in a post on his Facebook profile. "That's just not true."
Zuckerberg's comments come after nearly a month of reports out of the Wall Street Journal that have relied on internal Facebook research provided to the publication by Haugen, who left the social media company in May. The stories have highlighted numerous problems on Facebook's services that the company is aware of but either ignores or does not resolve. This includes research that shows Facebook is aware that Instagram is detrimental to the mental health of teenagers.
"Of everything published, I'm particularly focused on the questions raised about our work with kids," Zuckerberg said. "I've spent a lot of time reflecting on the kinds of experiences I want my kids and others to have online, and it's very important to me that everything we build is safe and good for kids."
Zuckerberg's post comes after Haugen spent Tuesday morning on Capitol Hill testifying before senators on both sides of the aisles on the problems the social media company creates for society.
Without referring to Haugen, Zuckerberg said "many of the claims don't make any sense." Zuckerberg also said that "The argument that we deliberately push content that makes people angry for profit is deeply illogical."
Zuckerberg also called on Congress to update internet regulations that determine what age teens should be allowed to use internet services, how tech companies should verify users' ages and how companies should balance giving kids privacy while giving parents visibility to their children's online activity.
"Similar to balancing other social issues, I don't believe private companies should make all of the decisions on their own," he wrote. "That's why we have advocated for updated internet regulations for several years now."
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Microsoft investigating Teams and Outlook outage as users report issues

redpajama_set_name: RedPajamaCommonCrawl


text:
Q: How to set BottomSheetDialogFragment to be the same color as the system navigation bar for Android? I am trying to make my BottomSheetDialogFragment and the bottom navigation color be the same color. Setting the color for navigation bar is working well as i set it to white but the color of the buttons remains to be white as you can see in the picture. This is what i have in the styles:
<style name="AppBottomSheetDialogTheme" parent="Theme.Design.BottomSheetDialog">
        <item name="bottomSheetStyle">@style/AppModalStyle</item>
        <item name="android:windowIsFloating">false</item>
        <item name="android:windowTranslucentStatus">false</item>
        <item name="android:windowDrawsSystemBarBackgrounds">true</item>
        <item name="android:navigationBarColor">@color/white</item>

        <item name="android:windowLightStatusBar">true</item>
    </style>

    <style name="AppModalStyle" parent="Widget.Design.BottomSheet.Modal">
        <item name="android:background">@drawable/ic_dialog_background</item>
        <item name="behavior_peekHeight">300dp</item>
    </style>

theme.xml
    <style name="Theme.MyApp" parent="Theme.AppCompat.DayNight.NoActionBar">
        <!-- Primary brand color. -->
        <item name="colorPrimary">@color/purple_500</item>
        <item name="colorPrimaryVariant">@color/purple_700</item>
        <item name="android:colorPrimary">#ffffff</item>
        <item name="windowActionBar">false</item>
        <item name="windowNoTitle">true</item>
        <item name="android:actionBarSize">0dp</item>
        <item name="bottomSheetDialogTheme">@style/AppBottomSheetDialogTheme</item>
        <item name="android:windowDrawsSystemBarBackgrounds">true</item>
        <item name="android:navigationBarColor">@color/screen_background_color</item>
        <!-- Secondary brand color. -->
        <item name="colorSecondary">@color/teal_200</item>
        <item name="colorSecondaryVariant">@color/teal_700</item>
        <item name="colorOnSecondary">@color/black</item>
    </style>

ActivityMain:
        if (Build.VERSION.SDK_INT >= Build.VERSION_CODES.O) {

            val nightModeFlags: Int = resources.configuration.uiMode and
                    Configuration.UI_MODE_NIGHT_MASK
            when (nightModeFlags) {
                Configuration.UI_MODE_NIGHT_YES -> {
                }
                Configuration.UI_MODE_NIGHT_NO -> {
                    val decorView = window.decorView
                    decorView.systemUiVisibility = FLAG_DRAWS_SYSTEM_BAR_BACKGROUNDS or
                            SYSTEM_UI_FLAG_LIGHT_NAVIGATION_BAR or View.SYSTEM_UI_FLAG_LIGHT_STATUS_BAR
                }
                Configuration.UI_MODE_NIGHT_UNDEFINED -> {
                }
            }
        }

        window?.navigationBarColor = resources.getColor(com.imediavan.common.R.color.screen_background_color)
        window?.statusBarColor = resources.getColor(com.imediavan.common.R.color.screen_background_color)

The property android:windowLightStatusBar is working well on the Activity but for the dialog its not.

A: I think you want to build bottom sheet dialog with rounded corners and after showing bottom sheet this problem happen round your bottom sheet like this.
1 - build style in theme.xml like this
<style name="CustomShapeAppearanceBottomSheetDialog" parent="">
        <item name="cornerFamily">rounded</item>
        <item name="cornerSizeTopRight">16dp</item>
        <item name="cornerSizeTopLeft">16dp</item>
        <item name="cornerSizeBottomRight">0dp</item>
        <item name="cornerSizeBottomLeft">0dp</item>
    </style>

2 - build another style in theme.xml like this
<style name="CustomBottomSheet" parent="Widget.MaterialComponents.BottomSheet">
        <item name="shapeAppearanceOverlay">@style/CustomShapeAppearanceBottomSheetDialog</item>
    </style>

3 - build another style as like as this one
  <style name="CustomBottomSheetDialog" parent="@style/ThemeOverlay.MaterialComponents.BottomSheetDialog">
        <item name="bottomSheetStyle">@style/CustomBottomSheet</item>
    </style>

4 - as final step add this line to your base application theme in theme.xml
 <item name="bottomSheetDialogTheme">@style/CustomBottomSheetDialog</item>

100% worked for me :))))))

redpajama_set_name: RedPajamaStackExchange


Page 7, 21 August 1852 — 31iintl1autous.
A Privy Council was held at Osborne House on Wednesday. The Queen presided. There were likewise present Prince Albert, the Lord Chancellor, the Marquis of Salisbury, the Earl of Derby, Mr. Walpole, the Earl of Malmesbury, Sir John Pakington, the Chancellor of the Ex- chequer, the Duke of Northumberland, the Earl of Hardwicke, Mr. Herries, and the Marquis of Exeter. It was ordered by the Queen in Council, "That the Right Honourable the Lord High Chancellor of that part of the United Kingdom called Great Britain do issue write for pro- roguing the Parliament, which was appointed to meet on Friday the 20th day of August instant, to Thursday the 21st day of October next ; and also for proroguing the Convocations of the Provinces of Canterbury and York, from Saturday the 21st day of August instant, to Friday the 22d day of October next."
At the Roman Catholic College of St. Mary Oscott, a Synod was held last month ; and one of its fruits has appeared this week in the journals. It is a letter commencing, as if in defiance of the Ecclesiastical Titles Act, "We, the Archbishop and Bishops of the Province of Westmin- ster " ; and proceeding to state that certain decrees and canons have been made and submitted to the Pope, which will be published as soon as he has confirmed them. The discussion of the education of the poor is "the paramount subject" which appears to have occupied the Synod ; and on this the letter dilates at great length. The purpose is to inculcate the necessity of keeping Catholic children away from all schools not Catholic, in order to have the next generation Catholic. For this purpose, "we must take advantage of the means afforded us to render the secular part of our education as effective as that which others offer " ; in fact, "our education must be up to the mark of modern demand, yet solid in faith and piety"—purely Catholic. "Make your schools equal in every re- spect to those which are opened to allure away our children. Avail your- selves of every encouragement and every improvement which tends to raise the standard of your education, and let there be no pretence tenable for sending Catholic children elsewhere." They have established a sys- tem of school inspection, by ecclesiastics, especially with a view to keep- ing up their faith; and the letter speaks of day-schools in towns for the middle classes. Peace and reliance on the law in cases of insult or op- pression are inculcated towards the end of the letter. It is not signed by any Bishop or man of note.
Alexander, tenth Duke of Hamilton, died on Wednesday, at his house in Portman Square. He was born in 1767, and was one of the oldest members of the Peerage. His English titles were Duke of Brandon and Baron Dutton. In 1810 he married the second daughter of Mr. William Beckford of Fonthill Abbey. He is succeeded by his son, known hitherto as the Marquis of Douglas ; who was born in 1810; and married, in 1843, the Princess Mary Amelia Elizabeth Caroline, daughter of the late Grand Duke of Baden, and first cousin of President Bonaparte.
A vacancy on the Chancery bench has been created by the death of "Vice-Chancellor Sir James Parker. Sir James died suddenly, of angina pectoris, on the 13th instant, at his country residence, Rothley Temple, near Loughborough in Leicestershire. He was born at Glasgow, in 1803, and attended the schools and College of that city ; but afterwards entered at Trinity College, Cambridge, and took the degree of Master of Ans. Ile was called to the bar in 1829, and made a Queen's counsel in 1844. His appointment to the Vice-Chancellorahip took place, as our readers may remember, in October 1851. In politic* he was a consistent Tory; and he was selected for the Vice-Chancellorship by the Whig Govern- ment solely on account of his great legal knowledge.
Sir John Pelly died on Friday week, at Upton House, Essex, in his seventy-fifth year. He was known as the Governor of the Hudson's Bay Company and Deputy-Master of the Trinity House ; and had been Deputy-Governor and Governor of the Bank of England in 1840 and 1841.
The public have lost a valuable public servant by the death of Mr. Joseph Fletcher, her Majesty's Inspector of Schools.
"Mr. Fletcher had established for himself a high reputation by his labours in the cause of humanity, as secretary to the Handloom Inquiry in the first in- stance, and afterwards to the Children's Employment Commission. The several reports of these Commissions will remain an unfailing monument to Mr. Fletcher's earnest and indefatigable endeavours to ameliorate the condition of women and children employed in manufactures. On the termination of the Children's Employment Commission, whose startling disclosures ex- cited so painfully the attention of the public, and forced upon our Legislature the absolute and imperative necessity for Parliamentary control, Mr. Fletcher was appointed to the post of Inspector of Schools receiving grants under the Privy Council. His voluminous reports on the schools in his inspection are among the most valuable contributions to our educational statistics. Mr. Fletcher was for many years one of the honorary secretaries of the Statistical Society of London; in which post he had earned for himself a widespread reputation among foreign as well as British statists, for the zeal, industry, and assiduity with which he discharged the laborious duties of that office. He was also during the same period editor of the Statistical Journal; and to his talents and patient labour are due the collation and arrangement of the vast collection of valuable documents to be found in those volumes. Mr. Fletcher for several years acted as secretary to the Statistical Section of the British Association, of which he was also a member of the Council. He con- tributed several valuable memoirs to the series of the Association reports. Our brief enumeration of Mr. Fletcher's labours will have given cause to our readers to imagine him a man advanced in years : he expired, however, at the comparatively early age of thirty-nine. Ever since he was nineteen Isis pen had been engaged upon literary occupations. Mr. Fletcher had been ill but a short time, and was at the time of his death on leave of absence at Chfrk, in North Wales."— Times.
Mrs. Lalor Shell, widow of Richard Lalor Shell, died on the 4th in- stant, at Leghorn. Her remains are to be brought to Ireland for burial, at Long Orchard, near Templemore.
The Honourable Jeffrey Hart Bent, Chief Justice of British Guiana, died on the 29th June, in the seventy-second year of his age.
After the Privy Council on Wednesday, the Earl of Derby and the Marquis of Salisbury went to St. Leonard's ; the Lord Chancellor to Kingston.
Sir John Pakington returned to town on Tuesday, from Westwood Park ; and went back on Wednesday.
Mr. Disraeli arrived in town, from Hughendon Manor, Buckingham- shire, on Tuesday ; and returned thither on Wednesday.
A report which stated that the Earl of Derby would preside over the annual dinner of the Lancashire Agricultural Society at Preston, has been this week contradicted.
Mr. Samuel Warren, Q.C., author of numerous works, popular and professional, has been appointed to the Recordership of Hull. He suc- ceeds the late Mr. T. C. Granger M.P.
It is stated that Mr. Fearon, the Attorney-General's solicitor for chari- ties, was last week on a visit to William of Wykeham's foundation, St. May's College, Winchester, with a view to the better administration of the noble endowments.
The Queen of Holland was at Prague on the 13th, and was expected to reach Ischl on the 18th.
The Duchess of Orleans and her children arrived at Geneva on the 13th. Several German papers say that the rumoured marriage between Presi- dent Bonaparte and the Princess Vasa will not take place.
General d'Ornano has been appointed Grand Chancellor of the Legion of-Honour. He was born in 1784, and made his first campaign at Ma- rengo. He is a Corsican.
The Harvard University, United States, has lately conferred the honom- ry degree of Doctor of Laws upon Francis Guizot and Alexis de Tooque- ville.
Mr. Ward, recently elevated to the Regency of Parma, was originally a Yorkshire groom. When a smart lad, he was noticed by the Duke, and taken into his service. He appears to have risen to his present emi- nence very gradually ; his success in the stables leading to his appoint- ment in the household; and his good judgment in that capacity winning for hirn an ascendancy over the mind of his master, which placed him in the second post in the little Dukedom.
" We believe that we may with perfect confidence assure our readers of the satisfactory termination of the dispute on the subject of the North American fisheries ; a dispute, we may observe, that has been treated much more seriously in newspaper controversy and hustings speeches than in the com- munications of the British and American Governments. The terms on which the matter is likely, we may say, certain, to be adjusted, are extremely sim- ple, and as it will be seen perfectly esuitable. They are terms of absolute reciprocity, as far as the right of fishing is concerned. The Americans are to be at hberty to fish in all British waters, the British to fish in all Ameri- can waters ; subject on both sides to the general law which prohibits the vessels of foreigners to fish within less than three miles of the shore of any country to which they do not belong ; the three miles to be measured from the nearest land, without distinction of bay or open sea. This general law is absolutely necessary for fiscal and police purposes ; and, therefore, there can be nothing offensive or invidious in its enforcement, whether by British or American authorities. We may add, that upon a careful review of all that has occurred, the American Government acknowledges that no offence has yet been offered to it ; though it slightly complains that a notice had not been given by the British Government of its purse of protecting the three-miles border of the sea with more vigilance than before. Such a notice, however, upon a further consideration, it has been admitted, would have been equivocal, if not positively insulting, as implying a suspicion that the Government of the "United States had connived at a contraband fishery."
The main despatches upon this question, just reproduced in the United States Senate, consist of one from Lord Aberdeen to Mr. Everett, dated "Foreign Office, March 10, 1846," and one from Mr. Everett to Lord Aberdeen, dated "Grosvenor Place, March 25, 1845." Their most im- portant parts will be found in the following extracts.
LORD ABERDEEN TO MR. EVERETT.
"The undersigned will not think it necessary to enter into a lengthened argument in reply to the observations which have at different times been submitted to her Majesty's Government by Mr. Stevenson and Mr. Everett on the subject of the right of fishing in the Bay of Fundy, as claimed in be- half of the United States citizens. The undersigned will confine himself to stating, that, after the most deliberate reconsideration of the subject, and with every desire to do full justice to the United States, and to view the claims put forward on behalf of American citizens in the most favourable light, her Majesty's Government are nevertheless still constrained to deny the nght of the United States citizens, under the treaty of 1818, to fish in that part of the Bay of Fundy which, from its geographical position, may properly be considered as included within the British possessions. "Her Majesty's Government must still maintain, and in this view they are fortified by high legal authority, that the Bay of Fundy is rightfully claimed by Great Britain as a bay within the meaning of the treaty of 1818. And they equally maintain the position which was laid down in the note of the undersigned dated the 13th of April last, that with regard to the other bays on the British American coasts, no United States fisherman has, under that convention' the right to fish within three miles of the entrance of such bays, as designated by a line drawn from headland to headland at that entrance. "But while her Majesty's Government still feel themselves bound to maintain those positions as a matter of right, they are nevertheless not insensible to the advantages which would accrue to both countries from a re- laxation of the exercise of that right : to the United States as conferring a material benefit on their fishing-trade ; and to Great Britain and the United States conjointly and equally, by the removal of a fertile source of disagreement between them.
"Her Majesty's Government are also anxious, at the same time that they uphold the just claims of the British Crown, to evince, by every reasonable concession, their desire to act liberally and amicably towards the United States. "The undersigned has, accordingly, much pleasure in announcing to Mr. Everett the determination to which her Majesty's Government have come, to relax in favour of the United States fishermen that right which Great Britain has hitherto exercised, of excluding those fishermen from the British portion of the Bay of Fundy; and they are prepared to direct the Colonial authorities to allow henceforth the United States fishermen to pursue their avocations in any part of the Bay of Fundy, provided they do not approach, except in the eases specified in the treaty of 1818, within three miles of the entrance of any bay on the coast of Nova Scotia or New Brunswick.
the United States from the markets of that country ; and the undersigned 'would submit to Mr. Everett, that the moment at which the British Govern- ment are making a liberal concession to United States trade, might well be deemed favourable for a counter-concession, on the part of the United States, to British trade, by the reduction of the duties which operate so prejudicially to the interests of the British Colonial fishermen."
MR. EVERETT TO LORD ABERDEEN.
"While he desires, however, without reserve, to express his sense of the amicable disposition evinced by her Majesty's Government on this occasion, in relaxing in favour of the United States the exercise of what, after deli- berate consideration, fortified by high legal authority, is deemed an unques- tioned right of her Majesty's Government, the undersigned would be un- faithful to his duty did he omit to remark to Lord Aberdeen, that no argu- ments have at any time been adduced to shake the confidence of the Government of the United States in their own construction of the treaty. While they have ever been prepared to admit that in the letter of one ex- pression of that instrument there is some reason for claiming a right to exclude the United States fishermen from the Bay of Fundy, (it being diffi- cult to deny to that arm of the sea the name of bay,' which long geogra- phical usage has assigned to it,) they have ever strenuously maintained that it is only on their own construction of the entire article that its known design, in reference to the regulation of the fisheries, admits of being carried into effect.
"The undersigned does not make this observation for the sake of detract- ing from the liberality evinced by her Majesty's Government in relaxing from what they regard as their right ; but it would be placing his own Go- vernment in a false position to accept as mere favour that for which they have so long and strenuously contended as due to them under the convention." [With reference to the meaning of the words "entrance of any bay," de- fined to be a line drawn from headland to headland, Mr. Everett cites two cases of seizures to illustrate the working of that definition.] "In the case of the Washington, which formed the subject of the note of the undersigned of the 25th of May 1844, to which the present communica- tion of Lord Aberdeen is a reply, the capture complained of was in the waters of the Bay of Fundy. The principal portion of the argument of the under- signed was addressed to that part of the subject; and he is certainly under i the impression that it the point of greatest interest in the discussions which have been hitherto carried on between the two Governments in refer- ence to the United States right of fishery on the Anglo-American coasts.
"In the case, however, of the Argus, which was treated in the note of the undersigned of the 9th of October, the capture was in the waters which wash. the North-eastern coast of Cape Breton - a portion of the Atlantic ocean in- tercepted, indeed, between a straight 'line drawn from Cape North to the Northern head of Cow Bay, but possessing nqne of the characters of a bay, (far less so than the Bay of Fundy,) andnot called a 'bay' on any map which the undersigned has seen. The aforesaid line is a degree of latitude in length ; and as far as reliance can be placed on the only maps (English ones) in the possession of the undersigned on which this coast is distinctly laid down it. would exclude vessels from filing-grounds which might be thirty miles from the shore."
rl'o the remarks of Lord Aberdeen respecting reciprocity, Mr. Everett re- plies hypothetically, in the absence of instruction.s.1 "The undersigned is, of course, without instructions which enable him to make any definite reply to this suggestion. It is no doubt true that the British Colonial fish, as far as duties are concerned, enter the United States market, if at all, to some disadvantage. The Government of the United States, he is personally persuaded, would gladly make any reduction in these duties which would not seriously injure the native fishermen ; but Lord Aberdeen 113 aware that the encouragement of this class of the seafaring com- munity has ever been considered, as well in the United States as Great Britain, as resting on peculiar grounds of expediency. It is the great school not only of the commercial but of the public marine, and the highest consi- derations of national policy require it to be fostered. "The British Coloinal fishermen possess considerable advantages over those of the United States. The remoter fisheries of Newfoundland and Labrador are considerably more accessible to the Colonial than to the United States fishermen. The fishing-grounds on the coast of New Brunswick and Nova Scotia, abounding in cod, mackerel, and herring, lie at the doors of the former. He is therefore able to pursue his avocation in a smaller class of vessels, and requires a smaller outfit. He is able to use the net and the seine to great advantage in the small bays and inlets along the coast, from which the fishermen of the United States, under any construction of the treaty, are excluded. All or nearly all the materials; of shipbuilding—timber, iron, cord- age, and canvas—are cheaper in the Colonies than in the United States ; as are salt, hooks, and lines. There is also great advantage enjoyed in the former in reference to the supply of bait and curing the fish. These and other causes have enabled the Colonial fishermen to drive those of the United States out of many foreign markets, and might do so at home but for the protection afforded by the duties.
"It may be added, that the highest duty on the kinds of fish that would be sent to the American market is less than fd. per pound ; which cannot do more than counterbalance the numerous advantages possessed by the Colo- nial fishermen. The undersigned supposes, though he has no particular in- formation to that effect, that equal or higher duties exist in the Colonies on the importation of fish from the United States."
There was a thunder-storm in London on Tuesday evening : after ceasing for some hours, it broke out again with great violence about Midnight, ac- companied by torrents of rain. A young man was struck dead at Islington.
The country has suffered vet:), generally from recent thunder-storms. A good deal of damage has been done in some places by floods, or by the light- ning. At Langham, near Colchester, the lightning set fire to a barn on Mr. Blyth's farm, and the whole steading except the dwelling-house was de- stroyed : the loss was estimated at 2000/. Many persons in different parts of England have been struck by lightning, and have been hurt more or less, death, however, is reported only in three Scotch cases.
Working hands have been so abort in West Sussex, that two farmers of Boaham have been obliged to hire a number of soldiers to assist in saving their harvest. The commanding-officer of the Scots Fusilier Guards con- sented to the employment of his men, on condition that they did not com- pete with agricultural labourers.


text:
Four men arrested over British soldier's murder released on bail – report
Large-scale investigation underway into public murder of British soldier
Tags: Bail, Investigation, Murder, UK, London
MOSCOW, May 27 (RAPSI) - Four men who have been arrested in the past week on suspicion of conspiracy to murder in connection with the savage killing last Wednesday of British soldier Lee Rigby have been released on bail, the BBC reported Monday, citing sources at Scotland Yard.
The Daily Telegraph reported Wednesday that an off-duty British soldier – later identified by name as Rigby – was killed by two men armed with meat cleavers. The two men reportedly shouted "Allah Akhbar," meaning "God is great," during the attack.
According to an official police statement, calls were made from the scene shortly after 14:00 reporting that two men were assaulting another man using a number of weapons, including a firearm. Once police arrived on the scene, "[t]wo men, who we believe from early reports to have been carrying weapons, were shot by police."
Local news station ITV aired footage depicting one of the attackers, still wielding a meat cleaver, his hands drenched in blood, as he bellowed into the camera: "You people will never be safe."
In a Metropolitan Police press release issued Wednesday, Byrne explained: "The investigation into the shocking murder of a serving soldier yesterday is ongoing, and is of course a major investigation for us."
On Thursday, a Metropolitan Police statement confirmed the arrests on suspicion of murder of the two men on the scene: "A 22-year-old man… and a 28-year-old man… shot by police at the scene have been arrested on suspicion of murder… They remain in separate London hospitals and are both in a stable condition. Their injuries are not life threatening."
Deputy Assistant Commissioner for the Metropolitan Police Stuart Osborne announced Sunday that the two are still in the hospital, and will be formally interviewed when possible.
Still, according to Osborne's statement, "[w]e have been undertaking a complicated and often rapidly developing round the clock investigation since the horrific murder of fusilier Lee Rigby in Woolwich on Wednesday afternoon."
The BBC reported that three individuals – a man, aged 29, and two women, aged 29 and 31 – were arrested on suspicion of conspiracy to murder Thursday, and that three more were arrested based on the same suspicions the following Saturday. Saturday's arrests involved three young men aged 21, 24, and 28.
According to the BBC, both women were released without being charged, and the four men have been released on bail.
The report further explains that another man, aged 22, was arrested Sunday on suspicion of conspiracy to murder, and remains in custody. Between the six who have been arrested and released in various capacities and the three who remain in custody, nine arrests have been made in connection with the murder so far, according to the BBC.
13:04 27/05/2013 Four men who have been arrested in the past week on suspicion of conspiracy to murder in connection with the savage killing last Wednesday of British soldier Lee Rigby have been released on bail.


text:
Одри Фанёф (, род. 24 марта 1996 года, Сен-Гиацинт, Квебек, Канада) — канадская шорт-трекистка, серебряная призёр чемпионата мира 2016 года в эстафете.

Спортивная карьера
Одри Фанёф встала на коньки в возрасте 5-ти лет в Сен-Гиацинте, когда её брат катался на коньках, чтобы улучшить свою технику для хоккея. Она бегала на арене, поэтому родители посадили Одри на лед, чтобы перестать гоняться за ней повсюду. После первого успеха на юниорском чемпионате страны в 2012 году, где она заняла общее третье место в личном многоборье, выступила в феврале на юниорском чемпионате мира в Мельбурне и стала там 26-ой в общем зачёте.

В 2013 году Одри на национальном чемпионате среди юниоров выиграла серебро в многоборье, а на юниорском мировом первенстве в Польше заняла 16-е место. Через год на юниорском чемпионате мира в Эрзуруме в составе эстафетной команды выиграла серебряную медаль. В декабре впервые выступила на Кубке мира в Шанхае, а в феврале 2015 в Дрездене одержала победу в эстафете и ещё через 2 недели на чемпионате мира среди юниоров в Осаке выиграла свою первую индивидуальную серебряную медаль на 500 м.

В марте 2016 года Одри стартовала на взрослом чемпионате мира в Сеуле и сразу выиграла серебро в эстафете вместе с Валери Мальте, Касандра Брадетт, Марианна Сен-Желе и Намасте Харрис-Готье. Осенью на отборе к чемпионату мира заняла общее 9-е место и не попала на мировое первенство 2017 года. В мае 2018 года завершила карьеру Марианна Сен-Желе, а Валери Мальте перешла на длинные дистанции и одним из лидеров стала Одри в свои 22 года. В 2019 она заняла 5-е место на национальном чемпионате. В том же году начала выступления на длинных дистанциях, где участвовала на Кубке Канады.

Примечания

Ссылки
  на сайте ISU
 Результаты с 2012—2016 года на the-sports.org
  Профиль на facebook.com
 Биографические данные на shorttrackonline.info
 Данные на speedskatingresults.com

Шорт-трекисты Канады

redpajama_set_name: RedPajamaWikipedia


text:
Q: Object or String does not contain definition for Imagebutton Im trying to put my ImageButton ID in front of Imageurl. So it places the correct image at the correct button. I've saved the ImageButton ID in my database.
Now my problem;
When Im trying to read it out of the database like this:
reader["Appplaats"].ImageUrl = "~/Images/" + reader["Link"] + ".png";

I get the error:
'object' does not contain a definition for 'ImageUrl' and no extension method 'ImageUrl' accepting a first argument...
I've tried to write it to a string with: To.String() but it then says:
'string' does not contain a definition for 'ImageUrl' and no extension method 'ImageUrl' accepting a first argument...
Anyone knows how to solve this?


While the 1.15mm thick stainless blades with clear metric and imperial graduations arms are shorter than the standard digital protractor (blade length 180mm vs. 275mm), the addition of the 280mm long chrome-finished aluminium-alloy fence turns this protractor turns into a highly accurate, easy-to-use digital sliding bevel. The additional base means you will find it much easier to use due to the increased stability of the fence.
It shows the entire 360° range that is accurate to +/-0.2° and arms lock together using a knurled stainless nut. A great improvement for setting angles when laying out or for getting an accurate angle on an existing work piece to transfer. The reverse button flips the reading direction of the display on the large, clear LCD display.
Our pick for accurate angle measurements.


Our Animals projects allow volunteers to get up close and personal with some furry friends. These projects are perfect for animal lovers, especially if you have left your pets at home to come to University. Spending a little time with these animals will improve their life, and be fun and rewarding for you as the volunteer!
The area manager for Animals is . For more information, contact them at .


HUD ACCEPTED A BACK UP OFFER on 2/22/19!!!!! This place has a nice big lot,and a nice big family room with fireplace,plus living room,updated bath,schedule your appointment today! HUD HOME - SOLD IN."AS IS" CONDITION,"As- Is" "without any guarantee or warranty by seller" FOR MORE INFORMATION PLEASE SEE www.HUDhomestore.com or www.Sageacq.com or SPEAK WITH YOUR REAL ESTATE Agent. Case Number: 156-056471 NOTES:"EQUAL HOUSING OPPORTUNITY" INSURED STATUS: UI;ESCROW AMT: 0;ELIGIBLE for 203K: YES ; LIST DATE: 1/5/19 SEE DISCLOSURE, SEE PROPERTY CONDITION REPORT ,UNDER ADDENDUMS IN HUDHOMESTORE,WILL NOT GO FHA!!!!!


The launching phase is less intense in terms of legal and property issues, as the largest part of the work has been done before.
Yet, it is a crucial point, as you go to the public with a new product and competitors might check how to react legally to your innovation in order to inhibit it. Consequently, you must keep watching the intellectual property environment of your product/process in order to prevent an illegal competition through copying or plagiarism and to feel what could be the potential further developments for your product/process.
Additionally, the traceability chain must be set up and continuously controlled.
- What strategy to maintain the protection of the innovation? For example, in case you have registered a patent, what means should be mobilised to ensure its protection?
- Is the traceability chain set up?


Kristel Geraldine Wash, 45, of Lawrenceburg passed away Thursday, April 19, 2018 in Lexington. She was the daughter of Larry William Crawley and Patsy Sue Sea of Lawrenceburg.
Kristel had two children, Geri and Aaron Wash of Louisville; two brothers, Bradley (Susan) Scott Smith and Troy (Laura) Smith of Lawrenceburg; an aunt, Nancy Cooper of Lawrenceburg; and her best friend, Gary Harrod of Lexington.
She attended Western Hills School in Frankfort. Afterwards Kristel lived in Louisville, Lexington, and Versailles in Kentucky. She was an artist and enjoyed coloring.
Saffell House Funeral Home has been entrusted with the arrangements.