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. 8
... established.39 This rather cryptic finding of the majority was criticised in. 31Libya v United States, preliminary objections, above n 28, at 599. 32Ibid. 33See David, above n 10, at 107; Martenczuk above n 16, at 523; White, above n 21 ...
... established.39 This rather cryptic finding of the majority was criticised in. 31Libya v United States, preliminary objections, above n 28, at 599. 32Ibid. 33See David, above n 10, at 107; Martenczuk above n 16, at 523; White, above n 21 ...
Стр. 27
... establishing the European Community is worth mentioning. It concerns the right of certain organs of the European Community and its member states to request an advisory opinion from the European Court of Justice on the legality of the ...
... establishing the European Community is worth mentioning. It concerns the right of certain organs of the European Community and its member states to request an advisory opinion from the European Court of Justice on the legality of the ...
Стр. 31
... established within the Security Council. For example, in SC Res 169 of 24 November 1961, it authorised the Secretary-General to take “vigorous action” including the requisite measure of force, if necessary, for the immediate ...
... established within the Security Council. For example, in SC Res 169 of 24 November 1961, it authorised the Secretary-General to take “vigorous action” including the requisite measure of force, if necessary, for the immediate ...
Стр. 42
... established as the principal judicial organ within the United Nations. This provided the basis for the judicial duty to cooperate, which entails the overcoming of difficulties in order to extend maximal assistance to fellow organs of ...
... established as the principal judicial organ within the United Nations. This provided the basis for the judicial duty to cooperate, which entails the overcoming of difficulties in order to extend maximal assistance to fellow organs of ...
Стр. 50
... establish international tribunals so much effort was and still is devoted to the distinction between legal and political questions, at the expense of the important distinction between legal and political determination of a legal dispute ...
... establish international tribunals so much effort was and still is devoted to the distinction between legal and political questions, at the expense of the important distinction between legal and political determination of a legal dispute ...
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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accepted accordance action addition administration adopted advisory opinion application argument armed Article Assembly authorisation authority basis binding Chapter VII Charter civil claims Committee concerned conclusion consequences constitute continued Convention countries Court decisions delegation determined economic effect embargo enforcement established European example exercise existence extent fact follows force function human rights humanitarian illegal implies individual International Law international peace interpretation Iraq issue Journal of International Judge judicial review jurisdiction limited majority mandate March means measures military municipal nature necessary norms objections obligations operation organisation organs para particular parties peace peace and security permanent political powers practice prevent principle procedure provisional question referred regard regional remains Report Representative request Resolution respect responsibility result rule sanctions SC Res Security Council Security Council resolutions situation territory threat to peace tion treaty United Nations violations