The Authority of the Security Council under Chapter VII of the UN Charter: Legal Limits and the Role of the International Court of JusticeBRILL, 01/05/2001 - 373 páginas This volume discusses the legal limits to the authority of the Security Council under Chapter VII of the United Nations Charter. The interest in this topic regained importance when the Security Council started to play an increasingly active role after a period of dormancy between 1945 and 1990. The work describes various approaches to Charter interpretation, provides an overview of the Council's powers under the Charter and surveys the Council's recent practice with regard to the maintenance of international peace and security. Subsequently the sources and contents of the limits to the Council's authority are analyzed. This is followed by an analysis of the role of the International Court of Justice, which includes an overview of the main obstacles to, and possibilities of, judicial review by the Court of Council decisions taken under Chapter VII. Finally, the work discusses recent proposals to enhance the Council's legitimacy. |
Índice
Introduction | 1 |
1 The Interpretation of Treaties | 7 |
2 The Authority of the Security Council under the UN Charter | 25 |
The Councils Application of its Powers | 51 |
4 Sources and Content of the Legal Limits to the Councils Powers | 163 |
Consequences and the Remedies Available | 205 |
6 Enhancing the Councils Legitimacy | 287 |
Conclusions | 299 |
List of References | 307 |
Table of Cases | 343 |
Index | 349 |
Outras edições - Ver tudo
The Authority of the Security Council Under Chapter VII of the UN Charter ... David Schweigman Pré-visualização limitada - 2001 |
Palavras e frases frequentes
accordance acting under Chapter action adopted Advisory Opinion agreement AJIL Angola application armed Article 39 Article 41 Assembly authority Bedjaoui Bosnia and Herzegovina Chapter VII conflict constitutes a threat Court of Justice decided dispute ECOMOG effect EJIL embargo enforcement established exercise force former Yugoslavia genocide Ibid ICJ Rep International Court International Criminal Tribunal international humanitarian law International Law International Organizations international peace interpretation Iraq jurisdiction jus cogens Kuwait Law of Treaties Liberia Libya litispendence Lockerbie Lockerbie Prov maintenance of international Malanczuk military moreover Namibia Nicaragua obligations operation paragraph parties peace and security peacekeeping permanent members political powers preamble procedure provisional measures question Reisman Report request resolution 748 responsibility Rhodesia rules Rwanda S/Res sanctions Secretary-General Security Council resolutions self-defence situation Somalia South Africa Statute submitted supra supra n.7 Tadić threat to international UNAMIR United Nations Charter UNOSOM UNOSOM II UNPROFOR veto violations votes