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
... 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 ...
... 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 ...
Стр. xiv
... Limited (Belgium v Spain), second phase, ICJ Rep 1970, at 4 ff (5 February) ..............................88, 99 Barcelona Traction, Light & Power Co (Belgium v Spain), ICJ Rep 1964, at 24 ...........................
... Limited (Belgium v Spain), second phase, ICJ Rep 1970, at 4 ff (5 February) ..............................88, 99 Barcelona Traction, Light & Power Co (Belgium v Spain), ICJ Rep 1964, at 24 ...........................
Стр. xvii
... the Amended Indictment for lack of Jurisdiction based on the Limited Jurisdictional Reach of Art 2 and 3, Case No IT-95–14/2–PT, 2 March 1999, Trial Chamber.........................................................................
... the Amended Indictment for lack of Jurisdiction based on the Limited Jurisdictional Reach of Art 2 and 3, Case No IT-95–14/2–PT, 2 March 1999, Trial Chamber.........................................................................
Стр. 14
... limited to the preservation of rights which could be the subject of a binding legal judgment at the eventual merits stage of the case.72 Since the eventual judgment on the merits is only binding on the states that are party to the ...
... limited to the preservation of rights which could be the subject of a binding legal judgment at the eventual merits stage of the case.72 Since the eventual judgment on the merits is only binding on the states that are party to the ...
Стр. 16
... limited by basic human rights norms and basic norms of humanitarian law.81 However, whilst these and other studies have made a valuable contribution to the debate on the powers of the Security Council, the scope of their analysis ...
... limited by basic human rights norms and basic norms of humanitarian law.81 However, whilst these and other studies have made a valuable contribution to the debate on the powers of the Security Council, the scope of their analysis ...
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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