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. x
... Regional Organisations to use Force 1. 2. Introduction Authorising Individual States to Engage in Military Enforcement Operations 2.1. Legal Basis for the Mandate 2.2. The Necessity of Overall Command and Control by the Security Council ...
... Regional Organisations to use Force 1. 2. Introduction Authorising Individual States to Engage in Military Enforcement Operations 2.1. Legal Basis for the Mandate 2.2. The Necessity of Overall Command and Control by the Security Council ...
Стр. xi
... 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 Authorisation by the Security Council 294 5. Security Council Practice vis-à-vis Regional ...
... 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 Authorisation by the Security Council 294 5. Security Council Practice vis-à-vis Regional ...
Стр. 2
... regional organisations to use force; the creation of quasi-judicial organs; as well as the authorisation of the civil administration of territories by the United Nations. This sustained increase in the activity of the Security Council ...
... regional organisations to use force; the creation of quasi-judicial organs; as well as the authorisation of the civil administration of territories by the United Nations. This sustained increase in the activity of the Security Council ...
Стр. 16
... regional organisations.80 Other authors have devoted attention to the question whether the Security Council's powers to impose economic sanctions would be limited by basic human rights norms and basic norms of humanitarian law.81 ...
... regional organisations.80 Other authors have devoted attention to the question whether the Security Council's powers to impose economic sanctions would be limited by basic human rights norms and basic norms of humanitarian law.81 ...
Стр. 20
... regional (defence) organisations to use force on its behalf, Chapter 7 examines whether these authorisations are permissible. Since an authorisation to use force amounts to the delegation of a power which is centralised with the ...
... regional (defence) organisations to use force on its behalf, Chapter 7 examines whether these authorisations are permissible. Since an authorisation to use force amounts to the delegation of a power which is centralised with the ...
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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