Rebecca Barber
Biographic Data
| ID | 4064895 |
|---|---|
| NAME | Rebecca Barber |
| GIVEN NAMES | Rebecca |
| FAMILY NAME | Barber |
| SIGNATURE | BARBER R |
| AFFILIATIONS | The University of Queensland |
| ORCID | 0000-0001-7680-1486 |
| VERIFIED | Yes |
| TOTAL WORKS | 13 |
| TOTAL CITATIONS | 13 |
| AUTHOR COUNT | 13 |
| EDITOR COUNT | 0 |
| FIRST PUBLICATION YEAR | 2008 |
| LATEST PUBLICATION YEAR | 2023 |
| H-INDEX | 2 |
A Proposal for Advancing Implementation of the Responsibility to Protect
This article takes as its starting point the support for the Responsibility to Protect (R2P) expressed during the General Assembly’s 2022 debate on the R2P, and the express interest of states in shifting discussions about the R2P away from debate about the principle’s normative content and status, towards implementation. It asserts that efforts to advance the implementation of R2P face three key obstacles. First, the R2P is insufficiently defined…
An Early Assessment of the General Assembly’s 2022 Veto Initiative
In April 2022 the UN General Assembly passed Resolution 76/262, agreeing that every time a veto was cast in the Security Council, the Assembly would meet and consider the matter on which that veto was cast. Since then, Resolution 76/262 has provided the platform for four General Assembly special sessions. Drawing on those sessions, this article assesses the success of Resolution 76/262 according to the two objectives articulated by states at the …
Reflections on the three pillars of the responsibility to protect, and a possible alternative approach
This commentary reflects on the 3-pillar strategy for the implementation of the R2P, put forward by the UN Secretary-General in 2009.It outlines three problems with the 3-pillar strategy.First, fear of pillar 3 undermines support for R2P in its entirety; second, the 3-pillar strategy puts the emphasis on what the international community can do to States if they fail, rather than what all States should do all the time; and third, the 3-pillar appr…
The case for UN-supported, Asean-led negotiations on Myanmar
Two years following Myanmar's attempted military coup, the situation is at a stalemate. Little progress has been achieved against ASEAN's Five Point Consensus, hailed as a major breakthrough in April 2021. Egregious human rights violations continue, and the military is reportedly losing ground but showing little inclination to negotiate. Facing internal political constraints, ASEAN has requested support from the UN. The Security Council has respo…
The Role of the General Assembly in Determining the Legitimacy of Governments
In 2021, unconstitutional transfers of power in Myanmar and Afghanistan highlighted that while States may desire a coherent response to questions about the status of governments, and may look for international guidance in such regard, there is no established process for providing such guidance. Thus, attention focuses on the General Assembly's credentials process, designed to assess the eligibility of delegates to represent their States at the UN…
Cooperating Through the General Assembly to End Serious Breaches of Peremptory Norms
The International Law Commission's 2019 Draft Conclusions on Peremptory Norms of International Law assert that States have an obligation to cooperate to end serious breaches of peremptory norms. International law provides scarce guidance, however, regarding how States are expected to fulfil that obligation. This article seeks to elaborate: first, whether the prohibition of crimes against humanity and the ‘basic rules’ of international humanitaria…
An Exploration of the General Assembly's Troubled Relationship With Unilateral Sanctions
This article seeks to make sense of two seemingly contradictory aspects of the General Assembly's practice: its history of recommending to States that they impose unilateral sanctions; and its series of resolutions denouncing unilateral coercive measures as illegal. It examines the seeming discrepancy between the customary international law position regarding unilateral sanctions, and the position asserted by the Assembly, and argues that on a nu…
Legitimacy and centrality under threat: The case for an Asean response to human rights violations against the Rohingya
The progression of genocide cases against Myanmar through the international justice system highlights the absence of an Association of South East Asian Nations (ASEAN) response to the Rohingya crisis. This article argues that ASEAN's lack of intervention is undermining its legitimacy, and hence, centrality. The article begins by demonstrating that ASEAN's principles of noninterference and consensus have in the past been flexibly interpreted, and …
The Rohingya Crisis: Can Asean Salvage Its Credibility
In spite of ASEAN’s perceived inertia, there appears to be domestic pressure in key member states for a more activist approach
Accountability for Crimes against the Rohingya
In 2018, the Independent International Fact-Finding Mission on Myanmar found that there were reasonable grounds to believe the Myanmar military had perpetrated war crimes, crimes against humanity and possibly genocide against the Rohingya people. It recommended that the Security Council refer the situation to the International Criminal Court, but that recommendation is unlikely to be acted upon. This article considers whether, if the Security Cou…
Rebuilding Asia Following Natural Disasters: Approaches to Reconstruction in the Asia-Pacific Region
Providing a detailed and comparative assessment of the humanitarian responses to a series of major disasters in Asia over the past two decades, including massive earthquakes, volcanic eruptions, and tsunamis, this book explores complex and changing understandings and practices of relief, recovery, and reconstruction. These critical investigations raise questions about the position and responsibilities of a growing range of stakeholders, and provi…
Facilitating humanitarian assistance in international humanitarian and human rights law
In 2008, 260 humanitarian aid workers were killed or injured in violent attacks. Such attacks and other restrictions substantially limit the ability of humanitarian aid agencies to provide assistance to those in need, meaning that millions of people around the world are denied the basic food, water, shelter and sanitation necessary for survival. Using the humanitarian crises in Darfur and Somalia as examples, this paper considers the legal obliga…
Protecting the Right to Housing in the Aftermath of Natural Disaster: Standards in International Human Rights Law
In 2006, the United Nations High Commissioner for Refugees reported that an average of 211 million people each year were directly affected by the accumulated impact of natural disasters. This is approximately five times the number of people thought to have been affected by conflict over the past decade. It is commonly expected that, as a result of climate change, population growth and inappropriate urbanisation, the incidence, severity and impact…
An Exploration of the General Assembly's Troubled Relationship With Unilateral Sanctions
This article seeks to make sense of two seemingly contradictory aspects of the General Assembly's practice: its history of recommending to States that they impose unilateral sanctions; and its series of resolutions denouncing unilateral coercive measures as illegal. It examines the seeming discrepancy between the customary international law position regarding unilateral sanctions, and the position asserted by the Assembly, and argues that on a nu…
The Rohingya Crisis: Can Asean Salvage Its Credibility
In spite of ASEAN’s perceived inertia, there appears to be domestic pressure in key member states for a more activist approach
A Proposal for Advancing Implementation of the Responsibility to Protect
This article takes as its starting point the support for the Responsibility to Protect (R2P) expressed during the General Assembly’s 2022 debate on the R2P, and the express interest of states in shifting discussions about the R2P away from debate about the principle’s normative content and status, towards implementation. It asserts that efforts to advance the implementation of R2P face three key obstacles. First, the R2P is insufficiently defined…
Reflections on the three pillars of the responsibility to protect, and a possible alternative approach
This commentary reflects on the 3-pillar strategy for the implementation of the R2P, put forward by the UN Secretary-General in 2009.It outlines three problems with the 3-pillar strategy.First, fear of pillar 3 undermines support for R2P in its entirety; second, the 3-pillar strategy puts the emphasis on what the international community can do to States if they fail, rather than what all States should do all the time; and third, the 3-pillar appr…
The case for UN-supported, Asean-led negotiations on Myanmar
Two years following Myanmar's attempted military coup, the situation is at a stalemate. Little progress has been achieved against ASEAN's Five Point Consensus, hailed as a major breakthrough in April 2021. Egregious human rights violations continue, and the military is reportedly losing ground but showing little inclination to negotiate. Facing internal political constraints, ASEAN has requested support from the UN. The Security Council has respo…
The Role of the General Assembly in Determining the Legitimacy of Governments
In 2021, unconstitutional transfers of power in Myanmar and Afghanistan highlighted that while States may desire a coherent response to questions about the status of governments, and may look for international guidance in such regard, there is no established process for providing such guidance. Thus, attention focuses on the General Assembly's credentials process, designed to assess the eligibility of delegates to represent their States at the UN…
Accountability for Crimes against the Rohingya
In 2018, the Independent International Fact-Finding Mission on Myanmar found that there were reasonable grounds to believe the Myanmar military had perpetrated war crimes, crimes against humanity and possibly genocide against the Rohingya people. It recommended that the Security Council refer the situation to the International Criminal Court, but that recommendation is unlikely to be acted upon. This article considers whether, if the Security Cou…
Protecting the Right to Housing in the Aftermath of Natural Disaster: Standards in International Human Rights Law
In 2006, the United Nations High Commissioner for Refugees reported that an average of 211 million people each year were directly affected by the accumulated impact of natural disasters. This is approximately five times the number of people thought to have been affected by conflict over the past decade. It is commonly expected that, as a result of climate change, population growth and inappropriate urbanisation, the incidence, severity and impact…
Facilitating humanitarian assistance in international humanitarian and human rights law
In 2008, 260 humanitarian aid workers were killed or injured in violent attacks. Such attacks and other restrictions substantially limit the ability of humanitarian aid agencies to provide assistance to those in need, meaning that millions of people around the world are denied the basic food, water, shelter and sanitation necessary for survival. Using the humanitarian crises in Darfur and Somalia as examples, this paper considers the legal obliga…
Rebuilding Asia Following Natural Disasters: Approaches to Reconstruction in the Asia-Pacific Region
Providing a detailed and comparative assessment of the humanitarian responses to a series of major disasters in Asia over the past two decades, including massive earthquakes, volcanic eruptions, and tsunamis, this book explores complex and changing understandings and practices of relief, recovery, and reconstruction. These critical investigations raise questions about the position and responsibilities of a growing range of stakeholders, and provi…
Accountability for Crimes against the Rohingya
In 2018, the Independent International Fact-Finding Mission on Myanmar found that there were reasonable grounds to believe the Myanmar military had perpetrated war crimes, crimes against humanity and possibly genocide against the Rohingya people. It recommended that the Security Council refer the situation to the International Criminal Court, but that recommendation is unlikely to be acted upon. This article considers whether, if the Security Cou…
The Rohingya Crisis: Can Asean Salvage Its Credibility
In spite of ASEAN’s perceived inertia, there appears to be domestic pressure in key member states for a more activist approach
An Exploration of the General Assembly's Troubled Relationship With Unilateral Sanctions
This article seeks to make sense of two seemingly contradictory aspects of the General Assembly's practice: its history of recommending to States that they impose unilateral sanctions; and its series of resolutions denouncing unilateral coercive measures as illegal. It examines the seeming discrepancy between the customary international law position regarding unilateral sanctions, and the position asserted by the Assembly, and argues that on a nu…
Legitimacy and centrality under threat: The case for an Asean response to human rights violations against the Rohingya
The progression of genocide cases against Myanmar through the international justice system highlights the absence of an Association of South East Asian Nations (ASEAN) response to the Rohingya crisis. This article argues that ASEAN's lack of intervention is undermining its legitimacy, and hence, centrality. The article begins by demonstrating that ASEAN's principles of noninterference and consensus have in the past been flexibly interpreted, and …
The Role of the General Assembly in Determining the Legitimacy of Governments
In 2021, unconstitutional transfers of power in Myanmar and Afghanistan highlighted that while States may desire a coherent response to questions about the status of governments, and may look for international guidance in such regard, there is no established process for providing such guidance. Thus, attention focuses on the General Assembly's credentials process, designed to assess the eligibility of delegates to represent their States at the UN…
Cooperating Through the General Assembly to End Serious Breaches of Peremptory Norms
The International Law Commission's 2019 Draft Conclusions on Peremptory Norms of International Law assert that States have an obligation to cooperate to end serious breaches of peremptory norms. International law provides scarce guidance, however, regarding how States are expected to fulfil that obligation. This article seeks to elaborate: first, whether the prohibition of crimes against humanity and the ‘basic rules’ of international humanitaria…
A Proposal for Advancing Implementation of the Responsibility to Protect
This article takes as its starting point the support for the Responsibility to Protect (R2P) expressed during the General Assembly’s 2022 debate on the R2P, and the express interest of states in shifting discussions about the R2P away from debate about the principle’s normative content and status, towards implementation. It asserts that efforts to advance the implementation of R2P face three key obstacles. First, the R2P is insufficiently defined…
An Early Assessment of the General Assembly’s 2022 Veto Initiative
In April 2022 the UN General Assembly passed Resolution 76/262, agreeing that every time a veto was cast in the Security Council, the Assembly would meet and consider the matter on which that veto was cast. Since then, Resolution 76/262 has provided the platform for four General Assembly special sessions. Drawing on those sessions, this article assesses the success of Resolution 76/262 according to the two objectives articulated by states at the …
Reflections on the three pillars of the responsibility to protect, and a possible alternative approach
This commentary reflects on the 3-pillar strategy for the implementation of the R2P, put forward by the UN Secretary-General in 2009.It outlines three problems with the 3-pillar strategy.First, fear of pillar 3 undermines support for R2P in its entirety; second, the 3-pillar strategy puts the emphasis on what the international community can do to States if they fail, rather than what all States should do all the time; and third, the 3-pillar appr…
The case for UN-supported, Asean-led negotiations on Myanmar
Two years following Myanmar's attempted military coup, the situation is at a stalemate. Little progress has been achieved against ASEAN's Five Point Consensus, hailed as a major breakthrough in April 2021. Egregious human rights violations continue, and the military is reportedly losing ground but showing little inclination to negotiate. Facing internal political constraints, ASEAN has requested support from the UN. The Security Council has respo…
Political science (13 works) · Law (12 works) · International Law and Human Rights (10 works) · Law (10 works) · Global Peace and Security Dynamics (9 works) · Sociology (7 works) · Law and economics (6 works) · Human rights (5 works) · International law (5 works) · Asian Geopolitics and Ethnography (4 works)