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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... Sanctions 1. Introduction 2. Human Rights Limitations to Economic Sanctions 4. 5. 2.1. The Right to Life 2.2. The Right to Health 2.3. Monitoring Human Rights Obligations Implications for Security Council Practice 3.1. Iraq 3.1.1. The ...
... Sanctions 1. Introduction 2. Human Rights Limitations to Economic Sanctions 4. 5. 2.1. The Right to Life 2.2. The Right to Health 2.3. Monitoring Human Rights Obligations Implications for Security Council Practice 3.1. Iraq 3.1.1. The ...
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... sanctions adopted against Southern Rhodesia and South Africa, respectively, formed the only occasions during which the Security Council endorsed enforcement measures under Chapter VII of the Charter in response to a breach of or a ...
... sanctions adopted against Southern Rhodesia and South Africa, respectively, formed the only occasions during which the Security Council endorsed enforcement measures under Chapter VII of the Charter in response to a breach of or a ...
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... sanctions had begun to erode by 1997. First, the Arab League threatened to stop abiding by the sanctions. This was followed by a threat of the entire membership of the Organisation of African Unity (OAU) not to continue the sanctions ...
... sanctions had begun to erode by 1997. First, the Arab League threatened to stop abiding by the sanctions. This was followed by a threat of the entire membership of the Organisation of African Unity (OAU) not to continue the sanctions ...
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... sanctions under Resolution 748 (1992) and Resolution 883 (1993) were suspended.60 This allowed international air travel and the sale of vital industrial equipment to resume and facilitated the release of Libyan assets that had been ...
... sanctions under Resolution 748 (1992) and Resolution 883 (1993) were suspended.60 This allowed international air travel and the sale of vital industrial equipment to resume and facilitated the release of Libyan assets that had been ...
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... sanctions would be limited by basic human rights norms and basic norms of humanitarian law.81 However, whilst these ... Sanctions: The Case of Iraq, 1990–997”, in Willem JM van Genugten & Gerard A de Groot (eds), United Nations Sanctions ...
... sanctions would be limited by basic human rights norms and basic norms of humanitarian law.81 However, whilst these ... Sanctions: The Case of Iraq, 1990–997”, in Willem JM van Genugten & Gerard A de Groot (eds), United Nations Sanctions ...
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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