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. |
Результаты поиска по книге
Результаты 1 – 5 из 89
Стр. 2
... issues which are hotly disputed and in need of in-depth analysis. It also provides the reader with background information which is necessary for a clear understanding of the analyses that follow in subsequent chapters. 2. THE LOCKERBIE ...
... issues which are hotly disputed and in need of in-depth analysis. It also provides the reader with background information which is necessary for a clear understanding of the analyses that follow in subsequent chapters. 2. THE LOCKERBIE ...
Стр. 5
... issues relating to the merits. It stressed that the right of the parties to contest such issues at the stage of the merits must remain unaffected by the order.21 However, at the stage of provisional measures the member states had a ...
... issues relating to the merits. It stressed that the right of the parties to contest such issues at the stage of the merits must remain unaffected by the order.21 However, at the stage of provisional measures the member states had a ...
Стр. 10
... issues which were inextricably linked with the merits. If the objection had to be sustained at the preliminary phase ... issue of mootness of Libya's claims at the preliminary objections stage seems to flow from an element of contingency ...
... issues which were inextricably linked with the merits. If the objection had to be sustained at the preliminary phase ... issue of mootness of Libya's claims at the preliminary objections stage seems to flow from an element of contingency ...
Стр. 11
... issue, which would have brought the case to an end at that stage.55 2.3. The Current State of Affairs By 1998 the idea of a trial in a neutral form was raised again, as the parties were no closer to a solution, even though 10 years had ...
... issue, which would have brought the case to an end at that stage.55 2.3. The Current State of Affairs By 1998 the idea of a trial in a neutral form was raised again, as the parties were no closer to a solution, even though 10 years had ...
Стр. 14
... issue in deciding whether or not the FRY had breached the Genocide Convention in the manner alleged by Bosnia-Herzegovina. Given that Bosnia-Herzegovina and the FRY were the only parties to the case, the question arose whether the ICJ ...
... issue in deciding whether or not the FRY had breached the Genocide Convention in the manner alleged by Bosnia-Herzegovina. Given that Bosnia-Herzegovina and the FRY were the only parties to the case, the question arose whether the ICJ ...
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 |
Часто встречающиеся слова и выражения
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