Disobeying the Security Council
Countermeasures against Wrongful Sanctions
(Sprache: Englisch)
Winner of the 2009-2010 Hellenic Society of International Law and International Relations' Georges Tenekides Prize
In the last few years, the Security Council has imposed highly controversial sanctions on both individuals and States, some of which can be...
In the last few years, the Security Council has imposed highly controversial sanctions on both individuals and States, some of which can be...
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Winner of the 2009-2010 Hellenic Society of International Law and International Relations' Georges Tenekides Prize
In the last few years, the Security Council has imposed highly controversial sanctions on both individuals and States, some of which can be considered to violate international law. This book argues that the law of international responsibility allows States to disobey these obligations when they would result in a serious violation of human rights.
In the last few years, the Security Council has imposed highly controversial sanctions on both individuals and States, some of which can be considered to violate international law. This book argues that the law of international responsibility allows States to disobey these obligations when they would result in a serious violation of human rights.
Klappentext zu „Disobeying the Security Council “
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, in the sense of limits on its power imposed by the UN Charter itself and by general international law, including human rights guarantees. Such acts may engage the international responsibility of the United Nations, the organization of which the Security Council is an organ. It then proceeds to assess how and by whom the engagement of this responsibility can be determined. Most importantly, the book discusses how and by whom the responsibility of the UN for unlawful Security Council sanctions can be implemented. 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.
Inhaltsverzeichnis zu „Disobeying the Security Council “
- 1: Responsibility as a Form of Accountability
- 2: Attribution of Conduct to the UN
- 3: The Element of Breach
- 4: Judicial Determination
- 5: Determination by States
- 6: The Content of International Responsibility
- 7: Implementation through Self-Enforcement
- 8: General Conclusion
Autoren-Porträt von Antonios Tzanakopoulos
Antonios Tzanakopoulos is Lecturer in Public International Law at University College London. Prior to that, he taught at the Universities of Oxford and Glasgow. He studied law in Athens, New York and Oxford. Antonios is a qualified lawyer with the Athens Bar in Greece, Associate Editor for the Oxford Reports on International Law in Domestic Courts, and collaborateur scientifique of the Hellenic Institute for International and Foreign Law.Bibliographische Angaben
- Autor: Antonios Tzanakopoulos
- 2011, 276 Seiten, Maße: 16,3 x 24 cm, Gebunden, Englisch
- Verlag: Oxford University Press
- ISBN-10: 0199600767
- ISBN-13: 9780199600762
- Erscheinungsdatum: 27.06.2013
Sprache:
Englisch
Pressezitat
Tzanakopoulos presents a very detailed book where the treatment of one important legal question flows easily into the next without any distracting redundancy. He makes a convincing argument for the idea of employing disobedience as a countermeasure against Security Council resolutions and thus adds one beautiful stone on the way to complete the mosaic of the debate on the exercise of its powers by the Security Council and states options of reaction to it. Dr. Clemens A. Feinäugle, Max Planck Yearbook of United Nations Law
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