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. viii
... Conclusion 67 3 Judicial Review as an Emerging General Principle of Law and its Implications for Contentious Proceedings Before the ICJ 1. 2. Introduction 69 Legal Implications of the Lockerbie Case for Judicial Review in Contentious ...
... Conclusion 67 3 Judicial Review as an Emerging General Principle of Law and its Implications for Contentious Proceedings Before the ICJ 1. 2. Introduction 69 Legal Implications of the Lockerbie Case for Judicial Review in Contentious ...
Стр. ix
... Conclusion 174 5 An Overview of the Substantive Limits to the Security Council's Discretion under Articles 40, 41 ... Conclusion 211 Contents ix.
... Conclusion 174 5 An Overview of the Substantive Limits to the Security Council's Discretion under Articles 40, 41 ... Conclusion 211 Contents ix.
Стр. x
... Conclusion 211 215 6 Limits to the Security Council's Discretion to Impose Economic Sanctions 1. Introduction 2. Human Rights Limitations to Economic Sanctions 4. 5. 2.1. The Right to Life 2.2. The Right to Health 2.3. Monitoring Human ...
... Conclusion 211 215 6 Limits to the Security Council's Discretion to Impose Economic Sanctions 1. Introduction 2. Human Rights Limitations to Economic Sanctions 4. 5. 2.1. The Right to Life 2.2. The Right to Health 2.3. Monitoring Human ...
Стр. xi
... Conclusion 308 8 Limits to the Security Council's Discretion to Authorise the Civil Administration of Territories 1. Introduction 311 2. The Legal Basis of the Mandates 315 3. The Obligation of the United Nations (Authorised) Civil ...
... Conclusion 308 8 Limits to the Security Council's Discretion to Authorise the Civil Administration of Territories 1. Introduction 311 2. The Legal Basis of the Mandates 315 3. The Obligation of the United Nations (Authorised) Civil ...
Стр. xii
... Conclusion 10 Conclusion 1. Recapturing the Limitations to the Security Council's Chapter VII Powers 2. Recapturing the Role of the ICJ in Enforcing the Limitations to the Security Council's Chapter VII Powers 3. The Right of States to ...
... Conclusion 10 Conclusion 1. Recapturing the Limitations to the Security Council's Chapter VII Powers 2. Recapturing the Role of the ICJ in Enforcing the Limitations to the Security Council's Chapter VII Powers 3. The Right of States to ...
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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