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. xvii
... Pursuant to Rule 61, Case No IT-95–11–R61, 8 March 1996, Trial Chamber ....................212–14 Prosecutor v Dusco Tadic, Opinion and Judgment, Case No IT-94–1–T, 7 May 1997, Trial Chamber .................................
... Pursuant to Rule 61, Case No IT-95–11–R61, 8 March 1996, Trial Chamber ....................212–14 Prosecutor v Dusco Tadic, Opinion and Judgment, Case No IT-94–1–T, 7 May 1997, Trial Chamber .................................
Стр. 6
... Rule 75 of the ICJ's Rules of Procedure. 27Judge ad hoc El-Kosheri, Libya v United States, provisional measures, above n 14, at 217. But see the dissenting opinion of Judge Bedjaoui, ibid at 157–58. He concluded that the request for ...
... Rule 75 of the ICJ's Rules of Procedure. 27Judge ad hoc El-Kosheri, Libya v United States, provisional measures, above n 14, at 217. But see the dissenting opinion of Judge Bedjaoui, ibid at 157–58. He concluded that the request for ...
Стр. 52
... rules of the law of armed conflict in any circumstance. 143Ibid, at 122. 144Above, n 157. 145This was not the case with other abstractly formulated opinions, such as the Conditions of Admission opinion, above n 95. Despite the abstract ...
... rules of the law of armed conflict in any circumstance. 143Ibid, at 122. 144Above, n 157. 145This was not the case with other abstractly formulated opinions, such as the Conditions of Admission opinion, above n 95. Despite the abstract ...
Стр. 53
... rule is applied in a particular set of circumstances that it is possible to determine its outcome. As it were, the rendering of an opinion in the absence of such a factual situation did not contribute to the credibility of the ICJ. It ...
... rule is applied in a particular set of circumstances that it is possible to determine its outcome. As it were, the rendering of an opinion in the absence of such a factual situation did not contribute to the credibility of the ICJ. It ...
Стр. 55
... rule of law and it would be absurd for the General Assembly merely to note the opinion of the ICJ when it had expressly asked for authoritative legal guidance. According to the representative of the United States (ibid, at para 20) ...
... rule of law and it would be absurd for the General Assembly merely to note the opinion of the ICJ when it had expressly asked for authoritative legal guidance. According to the representative of the United States (ibid, at para 20) ...
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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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