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Yes, there have been notable instances of aggression which the collective security system has failed to anticipate and suppress.18 Much more difficult to weigh against the ample instances of non-compliance are the many instances in which the system worked to avert, or end a conflict.19 Even more difficult to measure is the phenomenon of "the dog that did not bark": instances when states may have been tempted to resort to unlawful force but did not do so, choosing instead to resolve a dispute by peaceful means in deference to the rules and the perceived cost of violating them.20 Then, too, performance must always be balanced against expectations, realistic or optimistic, which are necessarily subjective. Today, when we think about collective security we tend to visualize, not the Panzer ...
President Obama attended the NATO Summit in Europe on April 3 and 4 and made clear the NATO option he favors for the future. Rather than an alliance against a resurgent authoritarian Russia or a League of Democracies to consolidate and spread freedom in Eastern Europe, Mr. Obama favors a NATO that acts as a collective security organization working with Russia to fight common threats such as terrorism and the spread of nuclear weapons. At its recent meeting, NATO celebrated its 60th anniversary. By any measure, NATO is one of the most successful military alliances in history. Formed to support the economic and political reconstruction of Europe in 1949, NATO became a military alliance to contain and deter the Soviet Union during the Cold War. It pioneered the strategy of nuclear deterren...
The end of the Cold War with the collapse of the Soviet Union has encouraged false hopes that the UN and the NATO will be more effective in providing for collective international security. Such hopes rely on the assumption that the victors in the Cold War are in concert, and the losers are the aggressors. However, the concept of collective security is vague because it relies on the categories of allies and enemies. History shows that such categories are continuously shifting.
Other institutions are also taking note of the possible shifts and are responding. [...] the recent and quite remarkable European Court of Justice ("ECJ") ruling that, the Charter notwithstanding, the Security Council's resolutions under its binding power are not binding after all and subject to the rulings of institutions such as the ECJ itself.62 One may safely expect that a Security Council more driven by competitive Great Power politics will generate more, and more insistent, legal reconstructions from without, aimed at showing that the Security Council does not have the final juridical word in international peace and security, after all.
European nations need to reconsider the concept of collective security in the post-Cold War environment to provide a viable alternative to unilateral intervention in internal conflicts. The crisis in Yugoslavia illustrates the consequences of a failure to promote collective security. Collective military intervention to enforce international norms should be considered when there is potential for the conflict to widen, the impact on international norms is likely to be significant, war crimes or crimes against humanity are being committed and democratic governments are endangered.
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