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. xi
... 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 290 4.2. The Necessity of Prior ...
... 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 290 4.2. The Necessity of Prior ...
Стр. xiv
... Military and Paramilitary Activities in an against Nicaragua (Nicaragua v United States of America), Jurisdiction and Admissibility, ICJ Rep 1984, 392 ff (26 November) ........63, 103, 114, 115, Military and Paramilitary Activities in ...
... Military and Paramilitary Activities in an against Nicaragua (Nicaragua v United States of America), Jurisdiction and Admissibility, ICJ Rep 1984, 392 ff (26 November) ........63, 103, 114, 115, Military and Paramilitary Activities in ...
Стр. 18
... military or military nature under Articles 40, 41 and 42 of the Charter, it must determine the existence of “a threat to the peace, breach of the peace, or an act of aggression” within the meaning of Article 39 of the Charter. This ...
... military or military nature under Articles 40, 41 and 42 of the Charter, it must determine the existence of “a threat to the peace, breach of the peace, or an act of aggression” within the meaning of Article 39 of the Charter. This ...
Стр. 20
... military enforcement powers to its competence to resort to military measures under Chapter VII of the Charter. As the Security Council has developed the practice of authorising member states or regional (defence) organisations to use ...
... military enforcement powers to its competence to resort to military measures under Chapter VII of the Charter. As the Security Council has developed the practice of authorising member states or regional (defence) organisations to use ...
Стр. 33
... military operation.49 In this context it is worth noting that the nature of ONUC was slightly different, as it was initially authorised by the Security Council and then continued by the General Assembly and the Secretary-General when ...
... military operation.49 In this context it is worth noting that the nature of ONUC was slightly different, as it was initially authorised by the Security Council and then continued by the General Assembly and the Secretary-General when ...
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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