Rule of Law Initiative

I. The Initiative

At the 59th General Assembly Austria launched an initiative on "The role of the Security Council in strengthening a rules-based international system". Starting in November 2004 the Austrian Mission, in cooperation with the Institute for International Law and Justice at New York University School of Law, convened a series of panel discussions on various aspects of the central theme. As a result of this process, a final report on "The Security Council and the Rule of Law" was published, including specific recommendations how the Security Council could support the rule of law in its various fields of activity in order to strengthen an international system based on rules. The report was prepared by our Rapporteur Mr. Simon Chesterman, Global Professor and Director of the New York University School of Law Singapore Programme, and presented in New York on 7 April 2008 by Mr. Chesterman, Austrian State Secretary Hans Winkler and the Permanent Representative of Austria to the United Nations, Gerhard Pfanzelter.

Speech by State Secretary Hans Winkler

II. Panel Discussions:

4 November 2004

Panel 1 “The Security Council as World Legislator? – Theoretical and practical aspects of law-making by the Security Council”

Prof. Georges Abi-Saab (Graduate Institute of International Studies, Geneva)
Ms. Carol Bellamy (Executive Director, UNICEF)
Prof. Thomas Franck (New York University School of Law)
Prof. Martti Koskenniemi (University of Helsinki, International Law Commission)
Dr. Pemmaraju Sreenivasa Rao (International Law Commission)

See Report: The Security Council as World Legislator?

5 May 2005

Panel 2 "Who needs rules? – The prospects of a rules-based international system"

Professor Martha Finnemore (George Washington University)
Professor Benedict Kingsbury (New York University School of Law)
Professor Gerhard Hafner (University of Vienna, Austria)
Dr. Abiodun Williams (Director, Strategic Planning, EOSG)

See Report: Who Needs Rules?

27 October 2005

Panel 3 "The Security Council as World Judge? - The powers and limits of the Security Council in relation to judicial functions"

Professor David Caron (University of California at Berkeley)
Justice Richard J. Goldstone (former Chief Prosecutor of ICTY and ICTR)
Professor Paula Escarameia (International Law Commission)
Judge Nabil Elaraby (International Court of Justice)

See Report: The Security Council as World Judge?

26 October 2006

Panel 4 "The Security Council as World Executive? - The implementation and enforcement of rules by the Security Council"

Professor Alain Pellet (University of Paris X – Nanterre)
Sir Kieran Prendergast (former Under-Secretary-General for Political Affairs)
H.E. Ms. Ellen Løj (Chair of the CTC; Permanent Representative of Denmark)

See Report: The Security Council as World Executive?

27 March 2007

Panel 5 "The Security Council and the Individual – Rights and Responsibilities"

Mr. Nicolas Michel (Under-Secretary-General for Legal Affairs)
Ms. Louise Fréchette (former Deputy Secretary-General)
Professor Hélène Ruiz Fabri (University Paris 1 – Panthéon Sorbonne)
Ms. Radhika Coomaraswamy (Special Representative of the Secretary-General for Children and Armed Conflict)

See Report: The Security Council and the Individual

1 November 2007

Panel 6 “The Security Council and the Rule of Law – The role of the Security Council in strengthening a rules-based international system”

H.E. Ms. Asha-Rose Migiro (Deputy Secretary-General)
Professor Simon Chesterman (New York University School of Law)
H.E. Mr. Juan Manuel Gómez Robledo (Vice-Minister for Multilateral Affairs and Human Rights of Mexico)
H.E. Mr. Christian Wenaweser (Permanent Representative of Liechtenstein)

7 April 2008

Panel 7 - Presentation of the Final Report and Recommendations from the Austrian Initiative 2004-2008 on “The UN Security Council and the Rule of Law”  

H.E. Mr. Srgjan Kerim (President of the 62nd Session of the General Assembly)
H.E. Mr. Hans Winkler (State Secretary for European and International Affairs of Austria)
Professor Simon Chesterman (New York University School of Law)

See Final Report: The UN Security Council and the Rule of Law