The Chapter VII Powers of the United Nations Security Council : the Chapter VII Powers of the United Nations Security Council

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Acknowledgements

Contents

Table of Cases

1. Introduction

1. BACKGROUND

2. THE LOCKERBIE CASE

3. THE CASE OF BOSNIA AND HERZEGOVINA v SERBIA AND MONTENEGRO

4. ISSUES IDENTIFIED FOR ANALYSIS

Part I: Judicial Review

2. Advisory Opinions of the International Court of Justice (ICJ) as a Mechanism for Judicial Review

1. INTRODUCTION

2. EXERCISING REVIEW THROUGH ADVISORY OPINIONS

3. QUESTIONS RELATING TO JUDICIAL REVIEW THROUGH ADVISORY OPINIONS

4. LEGAL EFFECTS OF ADVISORY OPINIONS. 5. THE RELUCTANCE OF THE UNITED NATIONS ORGANS TO REQUEST ADVISORY OPINIONS

6. THE SECRETARY-GENERAL AND ADVISORY OPINIONS

7. CONCLUSION

3. Judicial Review as an Emerging General Principle of Law and its Implications for Contentious Proceedings before the ICJ

1. INTRODUCTION

2. LEGAL IMPLICATIONS OF THE LOCKERBIE CASE FOR JUDICIAL REVIEW IN CONTENTIOUS PROCEEDINGS

3. THE MEANING OF "GENERAL PRINCIPLES OF THE LAW RECOGNISED BY CIVILISED NATIONS"

4. THE CONSTITUTIONAL CHARACTER OF THE CHARTER

5. THE GROWING SIGNIFICANCE OF JUDICIAL REVIEW IN MUNICIPAL ORDERS SINCE THE 1990S. 6. CONCLUSION

Part II: Limitations to the Security Council's Chapter VII Powers

4. Limits to the Security Council's Discretion unde Article 39 of the Charter

1. INTRODUCTION

2. THE NATURE OF THE SECURITY COUNCIL'S DISCRETION UNDER ARTICLE 39

3. THE EXISTENCE OF A THREAT TO PEACE ACCORDING TO SECURITY COUNCIL PRACTICE

4. CONCLUSION

5. An Overview of the Substantive Limits to the Security Council's Discretion Under Articles 40, 41 and 42 of the Charter

1. INTRODUCTION

2. THE NATURE OF THE SECURITY COUNCIL'S DISCRETION UNDER ARTICLE S 40, 41 AND 42 OF THE CHARTER. 3. IUS COGENS AS A SUBSTANTIVE LIMIT TO SECURITY COUNCIL DISCRETION

4. THE PURPOSES AND PRINCIPLES OF THE CHARTER AS A SUBSTANTIVE LIMIT TO SECURITY COUNCIL DISCRETION

5. CONCLUSION

6. Limits to the Security Council's Discretion to Impose Economic Sanctions

1. INTRODUCTION

2. HUMAN RIGHTS LIMITATIONS TO ECONOMIC SANCTIONS

3. IMPLICATIONS FOR SECURITY COUNCIL PRACTICE

4. THE RIGHT TO SELF-DEFENCE AS A LIMITATION TO ECONOMIC SANCTIONS

5. CONCLUSION

7. Limits to the Security Council's Discretion to Authorise States and Regional Organisations to Use Force

1. INTRODUCTION. 2. AUTHORISING INDIVIDUAL STATES TO ENGAGE IN MILITARY ENFORCEMENT OPERATIONS

3. SECURITY COUNCIL PRACTICE VIS-À-VIS INDIVIDUAL STATES

4. AUTHORISING REGIONAL (DEFENCE) ORGANISATIONS TO ENGAGE IN MILITARY ENFORCEMENT OPERATIONS

5. SECURITY COUNCIL PRACTICE VIS-À-VIS REGIONAL (DEFENCE) ORGANISATIONS

6. CONCLUSION

8. Limits to the Security Counci's Discretion to Authorise the Civil Administrations of Territories

1. INTRODUCTION

2. THE LEGAL BASIS OF THE MANDATES

3. THE OBLIGATION OF THE UNITED NATIONS (AUTHORISED) CIVIL ADMINISTRATION TO RESPECT HUMAN RIGHTS

4. CONCLUSION