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. i
... Security Council under Chapter VII of the Charter. 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 ...
... Security Council under Chapter VII of the Charter. 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 ...
Стр. ix
Erika de Wet. Part II: Limitations to the Security Council's Chapter VII Powers 4 Limits to the Security Council's Discretion under Article 39 of the Charter 1. Introduction 133 2. The Nature of the Security Council's Discretion Under ...
Erika de Wet. Part II: Limitations to the Security Council's Chapter VII Powers 4 Limits to the Security Council's Discretion under Article 39 of the Charter 1. Introduction 133 2. The Nature of the Security Council's Discretion Under ...
Стр. 1
... Security Council to take farreaching decisions which are binding on member states.2 During the Cold War the Security Council was unable to exercise this exclusive power, as it was almost impossible to obtain a consensus amongst its five ...
... Security Council to take farreaching decisions which are binding on member states.2 During the Cold War the Security Council was unable to exercise this exclusive power, as it was almost impossible to obtain a consensus amongst its five ...
Стр. 15
... Security Council resolutions by the ICJ in contentious proceedings will not be at issue at the merits stage of this case. 4. ISSUES IDENTIFIED FOR ANALYSIS From the above overview one can conclude that the ICJ's competence to review the ...
... Security Council resolutions by the ICJ in contentious proceedings will not be at issue at the merits stage of this case. 4. ISSUES IDENTIFIED FOR ANALYSIS From the above overview one can conclude that the ICJ's competence to review the ...
Стр. 16
... Security Council has since 1991 authorised the use of force for the purpose of restoring or maintaining international peace and security, has also resulted in studies on the Security Council's ability to delegate its powers to member ...
... Security Council has since 1991 authorised the use of force for the purpose of restoring or maintaining international peace and security, has also resulted in studies on the Security Council's ability to delegate its powers to member ...
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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