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. v
... accepted in 2002. I am deeply indebted to both Justice Wildhaber and Professor Dr Thürer for their generous support during this period, without which a successful completion of this manuscript would not have been possible. I would also ...
... accepted in 2002. I am deeply indebted to both Justice Wildhaber and Professor Dr Thürer for their generous support during this period, without which a successful completion of this manuscript would not have been possible. I would also ...
Стр. 7
... accepted the ICJ's compulsory jurisdiction in terms of Article 36(2) of the ICJ statute, it could only refer the dispute to the ICJ by relying on the compromisary clause contained in Article 14(1) of the Montreal Convention.30 However ...
... accepted the ICJ's compulsory jurisdiction in terms of Article 36(2) of the ICJ statute, it could only refer the dispute to the ICJ by relying on the compromisary clause contained in Article 14(1) of the Montreal Convention.30 However ...
Стр. 9
... acceptance of the ICJ's jurisdiction. In the current case, the jurisdiction was terminated by the multi-lateral action by the Security Council in terms of Chapter VII of the Charter.42 2.2.2. Objections Relating to Admissibility The ...
... acceptance of the ICJ's jurisdiction. In the current case, the jurisdiction was terminated by the multi-lateral action by the Security Council in terms of Chapter VII of the Charter.42 2.2.2. Objections Relating to Admissibility The ...
Стр. 11
... acceptance of the objection of mootness as an exclusively preliminary issue, which would have brought the case to an end at that stage.55 2.3. The Current State of Affairs By 1998 the idea of a trial in a neutral form was raised again ...
... acceptance of the objection of mootness as an exclusively preliminary issue, which would have brought the case to an end at that stage.55 2.3. The Current State of Affairs By 1998 the idea of a trial in a neutral form was raised again ...
Стр. 12
... acceptance of “responsibility for the actions of its officials”, the case was removed from the ICJ's role at the ... acceptance of responsibility was broadly formulated. One should therefore be careful to interpret it as an ...
... acceptance of “responsibility for the actions of its officials”, the case was removed from the ICJ's role at the ... acceptance of responsibility was broadly formulated. One should therefore be careful to interpret it as an ...
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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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