Emerging Practices Of International Investment Arbitration Tribunals In Adjudication Illegal Investments Analyzing Selected Cases

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The use of force continued being as a sensitive issue in international arena. UN as well as AUrnincreasingly engage in various peace enforcement operations that requires the use of militaryrnforce as laid down in the UN Charter. In applying such force, it becomes a challenging task tornstrike a balance between the requirements and objectives of the mission and the relevant legalrnconstraints of the use afforce.rnAs such it is necessary to examine AMISOM's legal frame work, its mandate and rules ofrnengagement that enable to protect others or civilians and to achieve the objectives of thernMission. AMfSOM has made great sacrifices to stabilize Somalia yet its use of force could notrngenerate a result as it was envisaged as nearly a decade ago. The nature of its mandate was tornfocus on supporting the Transitional Federal Institutions rather than protecting civilians whichrn. tends to prioritize the Transitional Federal government over human security. It causes the rise ofrnnegative local perceptions as well as questions on its impartiality, credibility and localrnlegitimacy. This has made it impossible to build capable and inclusive national security forces tornwhich the people of Somalia can trust and serves as AMISOM exit strategy. AMISOM alsornsuffers Fom structural and operational limitations; Fagmenled command and control; failurern10rnensure effective coordination among TCCs use of force ; asymmetric threat; the failure onrnapplication of International Humanitarian and Int ernational Human Rights Law and; lack ofviable remedial mechanisms. The legal basis of AMISOM use of force is also affected by therntendency of TCCs as well as internal actors to pursue their strategic interests at the expense ofthe mission 's mandate.To sum up, addressing issues of civilian protection, violations of International Humanitarian andrnInternational Human Rights is crucial for AMISOM It is also imperative to solve a lack ofrninternal legitimacy of TFG and exert an effort to gain local ownership. It needs to deal withrnproblems of structural and operational capability, system of command, control and coordinationrnto harmonize operations among TIPCCs. It should also work out towards establishment ofrnremedial mechanism to address the misuse or abuse of force .

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Emerging Practices Of International Investment Arbitration Tribunals In Adjudication Illegal Investments Analyzing Selected Cases

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