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

Author: Erika de Wet

Publisher: Bloomsbury Publishing

Published: 2004-01-23

Total Pages: 431

ISBN-13: 1847310419

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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.

The Authority of the Security Council Under Chapter VII of the UN Charter
The Authority of the Security Council Under Chapter VII of the UN Charter

Author: David Schweigman

Publisher: Martinus Nijhoff Publishers

Published: 2001-05-30

Total Pages: 384

ISBN-13: 9789041116413

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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.

Charter of the United Nations and Statute of the International Court of Justice
Charter of the United Nations and Statute of the International Court of Justice

Author: United Nations

Publisher: UN

Published: 2015-08-30

Total Pages: 112

ISBN-13: 9789210016513

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The Charter of the United Nations was signed in 1945 by 51 countries representing all continents, paving the way for the creation of the United Nations on 24 October 1945. The Statute of the International Court of Justice forms part of the Charter. The aim of the Charter is to save humanity from war; to reaffirm human rights and the dignity and worth of the human person; to proclaim the equal rights of men and women and of nations large and small; and to promote the prosperity of all humankind. The Charter is the foundation of international peace and security.

The United Nations and the Development of Collective Security
The United Nations and the Development of Collective Security

Author: Dan Sarooshi

Publisher: Oxford University Press

Published: 1999

Total Pages: 348

ISBN-13: 9780198268635

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This book examines one of the most important challenges facing the United Nations today: the effective and lawful use of force by or under the authority of the UN to maintain or restore peace. It makes a significant contribution to the content of the law pertaining to the use of force by the UN and provides guidance as to the likely future developments in the legal framework governing collective action to maintain peace under the auspices of the United Nations.

Neutrality in Contemporary International Law
Neutrality in Contemporary International Law

Author: James Upcher

Publisher:

Published: 2020

Total Pages: 324

ISBN-13: 0198739761

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While some have argued that neutrality has become irrelevant, this volume asserts that neutrality continues to be a key concept of the law of armed conflict. Neutrality in Contemporary International Law details the rights and duties of neutral states and demonstrates how the rules of neutrality continue to apply in modern day conflicts.

Five to Rule Them All
Five to Rule Them All

Author: David L. Bosco

Publisher: American Chemical Society

Published: 2009

Total Pages: 322

ISBN-13: 0195328760

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In this lively, fast-moving, and often humorous narrative, David Bosco illuminates the role of the Security Council in the postwar world, telling the inside story of this remarkable diplomatic creation. Drawing on extensive research, including dozens of interviews with serving and former ambassadors on the Council, the book chronicles political battles and personality clashes as it opens the closed doors of its meeting room. What emerges here is a revealing portrait of the most powerful diplomatic body in the world.

The United Nations Security Council and War
The United Nations Security Council and War

Author: Vaughan Lowe

Publisher: OUP Oxford

Published: 2010-04-15

Total Pages: 816

ISBN-13: 0191614939

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This is the first major exploration of the United Nations Security Council's part in addressing the problem of war, both civil and international, since 1945. Both during and after the Cold War the Council has acted in a limited and selective manner, and its work has sometimes resulted in failure. It has not been - and was never equipped to be - the centre of a comprehensive system of collective security. However, it remains the body charged with primary responsibility for international peace and security. It offers unique opportunities for international consultation and military collaboration, and for developing legal and normative frameworks. It has played a part in the reduction in the incidence of international war in the period since 1945. This study examines the extent to which the work of the UN Security Council, as it has evolved, has or has not replaced older systems of power politics and practices regarding the use of force. Its starting point is the failure to implement the UN Charter scheme of having combat forces under direct UN command. Instead, the Council has advanced the use of international peacekeeping forces; it has authorized coalitions of states to take military action; and it has developed some unanticipated roles such as the establishment of post-conflict transitional administrations, international criminal tribunals, and anti-terrorism committees. The book, bringing together distinguished scholars and practitioners, draws on the methods of the lawyer, the historian, the student of international relations, and the practitioner. It begins with an introductory overview of the Council's evolving roles and responsibilities. It then discusses specific thematic issues, and through a wide range of case studies examines the scope and limitations of the Council's involvement in war. It offers frank accounts of how belligerents viewed the UN, and how the Council acted and sometimes failed to act. The appendices provide comprehensive information - much of it not previously brought together in this form - of the extraordinary range of the Council's activities. This book is a project of the Oxford Leverhulme Programme on the Changing Character of War.