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. xvi
... 56, Meroni v High Authority [1958] ECR 133..............................267–9 Case 96/81, Commission v. Netherlands [1982] ECR 1791 ..........................272 Case 344/85, Ferriere San Carlo SpA v Commission [1987] ECR 4435....
... 56, Meroni v High Authority [1958] ECR 133..............................267–9 Case 96/81, Commission v. Netherlands [1982] ECR 1791 ..........................272 Case 344/85, Ferriere San Carlo SpA v Commission [1987] ECR 4435....
Стр. xviii
... Authority v Citizens for the Abatement of Aircraft Noise, 501 US 252 (1991)..............................................................112 Federal Courts Princz v The Federal Republic of Germany 26 F3d (DC Cir 1994) 1168 ....
... Authority v Citizens for the Abatement of Aircraft Noise, 501 US 252 (1991)..............................................................112 Federal Courts Princz v The Federal Republic of Germany 26 F3d (DC Cir 1994) 1168 ....
Стр. 1
... authority.3 Between 1945 and 1990, the recommendation to use force against North Korea, as well as the economic and military sanctions adopted against Southern Rhodesia and South Africa, respectively, formed the only occasions during ...
... authority.3 Between 1945 and 1990, the recommendation to use force against North Korea, as well as the economic and military sanctions adopted against Southern Rhodesia and South Africa, respectively, formed the only occasions during ...
Стр. 3
... authorities by France, the United Kingdom of Great Britain and Northern Ireland and the United States of America, in connection with the legal procedures related to the attacks carried out against Pan American flight 103 and Union de ...
... authorities by France, the United Kingdom of Great Britain and Northern Ireland and the United States of America, in connection with the legal procedures related to the attacks carried out against Pan American flight 103 and Union de ...
Стр. 12
... authorities with regard to the bombing of UTA 772....”. See also David, above n 10, at 87; Martenczuk, above n 16, at 518; Nyman, above n 88, at 133. 59The sanctions were finally lifted completely in SC Res 1506 of 12 September 2003, at ...
... authorities with regard to the bombing of UTA 772....”. See also David, above n 10, at 87; Martenczuk, above n 16, at 518; Nyman, above n 88, at 133. 59The sanctions were finally lifted completely in SC Res 1506 of 12 September 2003, at ...
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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