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. 3
... parties.12 On the basis of the compromisary clause contained in the. 8The Joint Declaration by the United States and the United Kingdom to this effect was included in the Statement issued by the Government of the United States on 27 ...
... parties.12 On the basis of the compromisary clause contained in the. 8The Joint Declaration by the United States and the United Kingdom to this effect was included in the Statement issued by the Government of the United States on 27 ...
Стр. 4
... parties.17 These included a request to enjoin the United States and the United Kingdom from taking any action against Libya, calculated to coerce or compel it to surrender the accused individuals to any jurisdiction outside of Libya. It ...
... parties.17 These included a request to enjoin the United States and the United Kingdom from taking any action against Libya, calculated to coerce or compel it to surrender the accused individuals to any jurisdiction outside of Libya. It ...
Стр. 5
... 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 prima facie obligation to give effect to Resolution 748 (1992). This ...
... 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 prima facie obligation to give effect to Resolution 748 (1992). This ...
Стр. 7
... Parties are unable to agree on the organisation of the arbitration, any one of those parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.” 31Libya v United States ...
... Parties are unable to agree on the organisation of the arbitration, any one of those parties may refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.” 31Libya v United States ...
Стр. 8
... parties as to whether the destruction of the Pan Am Aircraft over Lockerbie is governed by the Montreal Convention constitutes a dispute between them regarding the legal regime applicable to this event. According to the majority, this ...
... parties as to whether the destruction of the Pan Am Aircraft over Lockerbie is governed by the Montreal Convention constitutes a dispute between them regarding the legal regime applicable to this event. According to the majority, this ...
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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