The Chapter VII Powers of the United Nations Security CouncilBloomsbury Publishing, 23 янв. 2004 г. - Всего страниц: 432 This study provides a comprehensive analysis of the questions pertaining to the powers of the Security Council under Chapter VII of the Charter of the United Nations. In doing so it departs from the premise that an analysis of the limitations to the powers of the Security Council and an analysis of judicial review of such limitations by the ICJ, respectively, are inter-dependent. On the one hand, judicial review would only become relevant if and to the extent that the powers granted to the Security Council under Chapter VII of the Charter are subject to justiciable limitations. On the other hand, the relevance of any limitation to the powers of the Security Council would remain limited if it could not be enforced by judicial review. This inter-dependence is reflected by the fact that Chapters 2 and 3 focus on judicial review in advisory and contentious proceedings, respectively, whereas Chapters 4 to 9 examine the limits to the powers of the Security Council. The concluding chapter subsequently illuminates how the respective limits to the Security Council's enforcement powers could be enforced by judicial review. It also explores an alternative mode of review of binding Security Council decisions that could complement judicial review by the ICJ, notably the right of states to reject illegal Security Council decisions as a 'right of last resort'. The space and attention devoted to the limits to the Security Council's enforcement powers reflects the second aim of this study, namely to provide new direction to this aspect of the debate on the Security Council's powers under Chapter VII of the Charter. It does so by paying particular attention to the role of human rights norms in limiting the type of enforcement measures that the Security Council can resort to in order to maintain or restore international peace and security. |
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Стр. xiii
... Reports 1956, at 23 ff (1 June 1956) ......48 Right of Passage over Indian Territory (Portugal v India), Preliminary Objections, ICJ Rep 1957, at 125 ff (26 November)....................................8 Certain Expenses of the United ...
... Reports 1956, at 23 ff (1 June 1956) ......48 Right of Passage over Indian Territory (Portugal v India), Preliminary Objections, ICJ Rep 1957, at 125 ff (26 November)....................................8 Certain Expenses of the United ...
Стр. xv
... Report 1993, at 4 ff (8 April) ....................................................2, 12–15, 191, 238,239, 248 Case Concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and ...
... Report 1993, at 4 ff (8 April) ....................................................2, 12–15, 191, 238,239, 248 Case Concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and ...
Стр. 12
... reports to the Council that the two accused have arrived in the Netherlands for the purpose of trial before the court described in para 2 or have appeared for trial before an appropriate court in the United Kingdom or the United States ...
... reports to the Council that the two accused have arrived in the Netherlands for the purpose of trial before the court described in para 2 or have appeared for trial before an appropriate court in the United Kingdom or the United States ...
Стр. 33
... Report of the Panel on United Nations Peace Operations (Brahimi Report), A/55/305–S/2000/809 para 48 (2000). 53See Elina Kalkku, “The United Nations Authorisation to Peace Enforcement with the Use of Armed Forces in the Light of the ...
... Report of the Panel on United Nations Peace Operations (Brahimi Report), A/55/305–S/2000/809 para 48 (2000). 53See Elina Kalkku, “The United Nations Authorisation to Peace Enforcement with the Use of Armed Forces in the Light of the ...
Стр. 63
... report on the Human Rights Committee to be established under the International Covenant for Civil and Political Rights, and addressed the possibility that it might be authorised to request advisory opinions.205 It concluded that as the ...
... report on the Human Rights Committee to be established under the International Covenant for Civil and Political Rights, and addressed the possibility that it might be authorised to request advisory opinions.205 It concluded that as the ...
Другие издания - Просмотреть все
The Chapter VII Powers of the United Nations Security Council Erika de Wet Ограниченный просмотр - 2004 |
The Chapter VII Powers of the United Nations Security Council Erika De Wet Недоступно для просмотра - 2004 |
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accepted accordance action addition administration adopted advisory opinion application argument armed Article Assembly authorisation authority basis binding Chapter VII Charter civil claims Committee concerned conclusion consequences constitute continued Convention countries Court decisions delegation determined economic effect embargo enforcement established European example exercise existence extent fact follows force function human rights humanitarian illegal implies individual International Law international peace interpretation Iraq issue Journal of International Judge judicial review jurisdiction limited majority mandate March means measures military municipal nature necessary norms objections obligations operation organisation organs para particular parties peace peace and security permanent political powers practice prevent principle procedure provisional question referred regard regional remains Report Representative request Resolution respect responsibility result rule sanctions SC Res Security Council Security Council resolutions situation territory threat to peace tion treaty United Nations violations