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. vii
... Mandates (Namibia Opinion) 34 2.2.1. Did the Security Council Enforce Termination under Chapter VII? 37 3. Questions Relating to Judicial Review through Advisory Opinions 42 3.1. The Political Question Doctrine 43 3.1.1. The Competence ...
... Mandates (Namibia Opinion) 34 2.2.1. Did the Security Council Enforce Termination under Chapter VII? 37 3. Questions Relating to Judicial Review through Advisory Opinions 42 3.1. The Political Question Doctrine 43 3.1.1. The Competence ...
Стр. x
... Mandate 2.2. The Necessity of Overall Command and Control by the Security Council 2.3. The Meaning of Overall Command and Control by the Security Council Security Council Practice vis-à-vis Individual States 3.1. North Korea 3.1.1. The ...
... Mandate 2.2. The Necessity of Overall Command and Control by the Security Council 2.3. The Meaning of Overall Command and Control by the Security Council Security Council Practice vis-à-vis Individual States 3.1. North Korea 3.1.1. The ...
Стр. xi
... Mandate 280 3.2.2. The Absence of a Mandate for the Military Interventions Following Resolution 687 (1991) 284 4. Authorising Regional (Defence) Organisations to Engage in Military Enforcement Operations 290 4.1. The Legal Basis for the ...
... Mandate 280 3.2.2. The Absence of a Mandate for the Military Interventions Following Resolution 687 (1991) 284 4. Authorising Regional (Defence) Organisations to Engage in Military Enforcement Operations 290 4.1. The Legal Basis for the ...
Стр. xii
... Mandates The Extradition of Suspected Terrorists The Freezing of Assets of Individuals Associated with International ... Mandate 3.1.2. The Lack of Independence of the Compensation Commission The Iraq-Kuwait Boundary Demarcation ...
... Mandates The Extradition of Suspected Terrorists The Freezing of Assets of Individuals Associated with International ... Mandate 3.1.2. The Lack of Independence of the Compensation Commission The Iraq-Kuwait Boundary Demarcation ...
Стр. 20
... mandates for civil administration imply a delegation of the Security Council's power to take binding decisions to a Special Representative of the Secretary-General, the chapter first examines the nature of these mandates. In doing so ...
... mandates for civil administration imply a delegation of the Security Council's power to take binding decisions to a Special Representative of the Secretary-General, the chapter first examines the nature of these mandates. In doing so ...
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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