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. 4
... action against Libya, calculated to coerce or compel it to surrender the accused individuals to any jurisdiction ... actions its renunciation of terrorism and in. 13Art 14(1). 14See Case Concerning Questions of Interpretation and ...
... action against Libya, calculated to coerce or compel it to surrender the accused individuals to any jurisdiction ... actions its renunciation of terrorism and in. 13Art 14(1). 14See Case Concerning Questions of Interpretation and ...
Стр. 5
... action and all assistance to terrorist groups and that it must promptly, by concrete actions, demonstrate its renunciation of terrorism; 3. Decides that, on 15 April 1992, all States shall adopt the measures set out below, which shall ...
... action and all assistance to terrorist groups and that it must promptly, by concrete actions, demonstrate its renunciation of terrorism; 3. Decides that, on 15 April 1992, all States shall adopt the measures set out below, which shall ...
Стр. 9
... action, such as terminating their declaration of 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 ...
... action, such as terminating their declaration of 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 ...
Стр. 15
... action. The following chapters will attempt to provide some answers to. 76Separate opinion of Judge ad hoc Lauterpacht in Bosnia-Herzegovina v Serbia and Montenegro, provisional measures II, above n 56, at 442. He was prepared to ...
... action. The following chapters will attempt to provide some answers to. 76Separate opinion of Judge ad hoc Lauterpacht in Bosnia-Herzegovina v Serbia and Montenegro, provisional measures II, above n 56, at 442. He was prepared to ...
Стр. 19
... action. In accordance with these limitations, the Security Council is prevented from adopting measures that violate ... actions. It examines the interaction of this principle with the Charter purpose of promoting human rights and ...
... action. In accordance with these limitations, the Security Council is prevented from adopting measures that violate ... actions. It examines the interaction of this principle with the Charter purpose of promoting human rights and ...
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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