Del i serien Oxford Monographs in International Law

Disobeying the Security Council

Countermeasures against Wrongful Sanctions

Häftad, Engelska, 2013

AvAntonios Tzanakopoulos

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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.

Produktinformation

Utgivningsdatum2013-02-14
Mått157 x 233 x 15 mm
Vikt432 g
FormatHäftad
SpråkEngelska
SerieOxford Monographs in International Law
Antal sidor298
FörlagOUP OXFORD
ISBN9780199670734

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Folkrätt inom Juridik
Internationella relationer inom Samhälle och politik

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.

This monograph is one of the first to systematically address an increasingly important problem, namely the reaction to excesses of power, or unlawful acts, of the Security Council...By its subject, and the way it goes about addressing it, this book is solidly devoted to these increasingly pressing questions. The author demonstrates several qualities: expertise...; a distinctive subtlety and a capacity to sustain a powerful argument; a remarkable knowledge of general international law which underlies and visibly strengthens the argument; a concentration on the essential questions only [and] a palpable mastery of the subject ... . In sum, Dr Tzanakopoulos offers us an image of a next generation of international lawyers of which we can be proud.