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. 1
... Rechtskontrolle des Weltsicherheitsrats. Die Überprüfung nichtmilitärischer Zwangsmassnahmen durch den internationalen Gerichtshof 19 (Berlin, Duncker & Humblot, 1996). 5SC Res 661 of 6 August 1990, SC Res 678 1. Introduction 1. BACKGROUND.
... Rechtskontrolle des Weltsicherheitsrats. Die Überprüfung nichtmilitärischer Zwangsmassnahmen durch den internationalen Gerichtshof 19 (Berlin, Duncker & Humblot, 1996). 5SC Res 661 of 6 August 1990, SC Res 678 1. Introduction 1. BACKGROUND.
Стр. 2
... Res 661 of 6 August 1990, SC Res 678 of 29 November 1990, and SC Res 687 of 3 April 1991. 6See Art 39 of the Charter. 7See Art 40 to Art 42 of the Charter. 8The Joint Declaration by the United States and the United 2 Introduction 2. THE ...
... Res 661 of 6 August 1990, SC Res 678 of 29 November 1990, and SC Res 687 of 3 April 1991. 6See Art 39 of the Charter. 7See Art 40 to Art 42 of the Charter. 8The Joint Declaration by the United States and the United 2 Introduction 2. THE ...
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... Security Council decides that the Libyan Government has complied with paras 1 and 2 above; ....” 20In the Security Council debates leading up to the SC Res 748 of 31 March 1992, several delegates indicated that the Security Council ...
... Security Council decides that the Libyan Government has complied with paras 1 and 2 above; ....” 20In the Security Council debates leading up to the SC Res 748 of 31 March 1992, several delegates indicated that the Security Council ...
Стр. 6
... SC Res 748 of 31 March 1992. The ICJ did, however, also have the option of indicating provisional measures proprio motu, which it might have considered more appropriate than those requested by Libya. See also the dissenting opinions of ...
... SC Res 748 of 31 March 1992. The ICJ did, however, also have the option of indicating provisional measures proprio motu, which it might have considered more appropriate than those requested by Libya. See also the dissenting opinions of ...
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... Security Council superseded them, as a result of which Libya had to hand over the suspects. Libya questioned both the legality of SC Res 748 of 31 March 1992 and SC Res 883 of 11 November 1993 and their effects on the Montreal ...
... Security Council superseded them, as a result of which Libya had to hand over the suspects. Libya questioned both the legality of SC Res 748 of 31 March 1992 and SC Res 883 of 11 November 1993 and their effects on the Montreal ...
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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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