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. 12
... regard to the bombing of UTA 772....”. See also David, above n 10, at 87; Martenczuk, above n 16, at 518; Nyman, above n 88, at 133. 59The sanctions were finally lifted completely in SC Res 1506 of 12 September 2003, at para 1. See also ...
... regard to the bombing of UTA 772....”. See also David, above n 10, at 87; Martenczuk, above n 16, at 518; Nyman, above n 88, at 133. 59The sanctions were finally lifted completely in SC Res 1506 of 12 September 2003, at para 1. See also ...
Стр. 15
... regard the question whether a determination in terms of Article 39 of the Charter is of a non-justiciable (political) nature, formed a particular bone of contention. Finally, the Bosnia-Herzegovina v Serbia and Montenegro proceedings ...
... regard the question whether a determination in terms of Article 39 of the Charter is of a non-justiciable (political) nature, formed a particular bone of contention. Finally, the Bosnia-Herzegovina v Serbia and Montenegro proceedings ...
Стр. 19
... regard. These “substantive” limits can be distinguished from the “structural” limits inherent in the Charter and which affect, in particular, the power of the Security Council to delegate certain powers to sub-organs or other entities ...
... regard. These “substantive” limits can be distinguished from the “structural” limits inherent in the Charter and which affect, in particular, the power of the Security Council to delegate certain powers to sub-organs or other entities ...
Стр. 25
... regard becomes apparent if one considers that a variety of domestic legal systems and international institutions recognise advisory opinions as an avenue for obtaining authoritative interpretations of the law, which can place ...
... regard becomes apparent if one considers that a variety of domestic legal systems and international institutions recognise advisory opinions as an avenue for obtaining authoritative interpretations of the law, which can place ...
Стр. 26
... regards the interpretation, not only of the. 4Joseph Jaconelli, “Hypothetical Disputes, Moot Points of Law, and Advisory Opinions”, 101 Law Quarterly Review 600 (1985). 5See Supreme Court Act, Can Rev Stat ch S–26, §53 (1985); see also ...
... regards the interpretation, not only of the. 4Joseph Jaconelli, “Hypothetical Disputes, Moot Points of Law, and Advisory Opinions”, 101 Law Quarterly Review 600 (1985). 5See Supreme Court Act, Can Rev Stat ch S–26, §53 (1985); see also ...
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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