Antonios Tzanakopoulos

Disobeying the Security Council (eBook, PDF)

Countermeasures against Wrongful Sanctions

• Format: PDF

Produktbeschreibung

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.

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Produktdetails

• Verlag: Oxford University Press
• Seitenzahl: 288
• Erscheinungstermin: 14. Februar 2013
• Englisch
• ISBN-13: 9780191649745
• Artikelnr.: 40175174

Autorenporträt

Antonios Tzanakopoulos is a University Lecturer in Public International Law at the University of Oxford and a Fellow of St Anne's College. Prior to that he was a Lecturer in Public International Law at University College London. He has 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.

Inhaltsangabe

1: Responsibility as a Form of Accountability and the UN Legal Order
I The Engagement of Responsibility
2: Attribution of Conduct to the United Nations
3: The Element of Breach: Sources of Obligations Incumbent upon the United Nations
II The Determination of Responsibility
4: Judicial Determination
5: Determination by States
III The Consequences of Responsibility
6: The Content of International Responsibility
7: Implementation Through Self-Enforcement
General Conclusion