Resolutions And Decisions Of The Security Council 1 August 2005 31 July 2006

Author : Antonios Tzanakopoulos
Publisher : OUP Oxford
ISBN 13 : 0191649759
Total Pages : 276 pages
Book Rating : 4.1/5 (916 download)

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Download or read book Disobeying the Security Council written by Antonios Tzanakopoulos and published by OUP Oxford. This book was released on 2013-02-14 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines how the United Nations Security Council, in exercising its power to impose binding non-forcible measures ('sanctions') under Article 41 of the UN Charter, may violate international law. The Council may overstep limits on its power imposed by the UN Charter itself and by general international law, including human rights guarentees. Such acts may engage the international responsibility of the United Nations, the organization of which the Security Council is an organ. Disobeying the Security Council discusses how and by whom the responsibility of the UN for unlawful Security Council sanctions can be determined; in other words, how the UN can be held to account for Security Council excesses. The central thesis of this work is that states can respond to unlawful sanctions imposed by the Security Council, in a decentralized manner, by disobeying the Security Council's command. In international law, this disobedience can be justified as constituting a countermeasure to the Security Council's unlawful act. Recent practice of states, both in the form of executive acts and court decisions, demonstrates an increasing tendency to disobey sanctions that are perceived as unlawful. After discussing other possible qualifications of disobedience under international law, the book concludes that this practice can (and should) be qualified as a countermeasure.