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
... 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 ...
... 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 ...
Стр. xii
... Decisions of the Demarcation Commission 4. 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 ...
... Decisions of the Demarcation Commission 4. 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 ...
Стр. xvii
... Decision on Motion Challenging Jurisdiction, Case No IT-99–37–PT, 6 May 2003, Trial Chamber ........239 NATIONAL JURISDICTIONS Bosnia-Herzegovina Request for Evaluation of Constitutionality of the Law on State Border Service, Decision ...
... Decision on Motion Challenging Jurisdiction, Case No IT-99–37–PT, 6 May 2003, Trial Chamber ........239 NATIONAL JURISDICTIONS Bosnia-Herzegovina Request for Evaluation of Constitutionality of the Law on State Border Service, Decision ...
Стр. 5
... decisions of the Security Council, and according to which obligations under the Charter prevailed over their ... decision in the Lockerbie cases” 22 Georgia Journal of International and Comparative Law 589 (1992); Martenczuk, above n 16 ...
... decisions of the Security Council, and according to which obligations under the Charter prevailed over their ... decision in the Lockerbie cases” 22 Georgia Journal of International and Comparative Law 589 (1992); Martenczuk, above n 16 ...
Стр. 7
... decisions are available at www.icjcij.org/. See also 37 International Legal Materials 587 ff (1998). These two decisions will hereinafter be referred to as Libya v United Kingdom, preliminary objections and Libya v United States ...
... decisions are available at www.icjcij.org/. See also 37 International Legal Materials 587 ff (1998). These two decisions will hereinafter be referred to as Libya v United Kingdom, preliminary objections and Libya v United States ...
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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