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. 2
... embargoes to the authorisation of member states and regional organisations to use force; the creation of quasi-judicial organs; as well as the authorisation of the civil administration of territories by the United Nations. This ...
... embargoes to the authorisation of member states and regional organisations to use force; the creation of quasi-judicial organs; as well as the authorisation of the civil administration of territories by the United Nations. This ...
Стр. 5
... embargo against Libya, as well as an embargo on air travel to and from that country.20 Confronted with this new situation directly affecting the legal question of extradition before it, the ICJ held that under the circumstances of the ...
... embargo against Libya, as well as an embargo on air travel to and from that country.20 Confronted with this new situation directly affecting the legal question of extradition before it, the ICJ held that under the circumstances of the ...
Стр. 13
... embargo that was imposed by Security Council Resolution 713 of 25 September 1991 against (all the territories of) the former Socialist Federal Republic of Yugoslavia.69 In particular, Bosnia-Herzegovina wished to know whether Article 51 ...
... embargo that was imposed by Security Council Resolution 713 of 25 September 1991 against (all the territories of) the former Socialist Federal Republic of Yugoslavia.69 In particular, Bosnia-Herzegovina wished to know whether Article 51 ...
Стр. 14
... embargo during the second request for provisional measures,75 was concerned that the bilateral relationship of the case made it difficult for the ICJ to assess directly the legal status of the arms. 70Bosnia-Herzegovina v Serbia and ...
... embargo during the second request for provisional measures,75 was concerned that the bilateral relationship of the case made it difficult for the ICJ to assess directly the legal status of the arms. 70Bosnia-Herzegovina v Serbia and ...
Стр. 15
... embargo from the dispute in 1994. It had apparently decided that its chances for securing an ICJ decision would be better served by focussing on the FRY's violation of the Genocide Convention, than by attempting to force the ICJ into ...
... embargo from the dispute in 1994. It had apparently decided that its chances for securing an ICJ decision would be better served by focussing on the FRY's violation of the Genocide Convention, than by attempting to force the ICJ into ...
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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