Del i serien Oxford Monographs in International Law

Institutionalizing State Responsibility

Global Security and UN Organs

Inbunden, Engelska, 2016

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Since the 9/11 attacks, international organizations have become actively engaged in devising counterterrorism strategies and frameworks. This monograph examines the role UN organs can play in implementing the law of State responsibility in global security contexts, using transnational terrorism as its principal case study. The institutional mechanisms utilized by the UN in implementing State responsibility are assessed in detail, shedding light on how the ICJ, the General Assembly and the Security Council contribute to the implementation of State responsibility in the context of global security. By acknowledging the Security Council's role as a post-9/11 legislator, this book argues that the Council can play an important and sometimes determinant role in implementing a State's legal responsibility for failing to prevent terrorism, both inside and outside the Chapter VII framework. Featuring a discussion of the more controversial consequences flowing from State responsibility, this monograph also explores the prospect of injured States adopting forcible measures against responsible States for their failures to prevent terrorism. The book investigates whether self-defence and other forcible reactions, envisaged both inside and outside the Council, can be reconciled with State responsibility principles.

Produktinformation

Utgivningsdatum2016-05-05
Mått168 x 247 x 28 mm
Vikt766 g
FormatInbunden
SpråkEngelska
SerieOxford Monographs in International Law
Antal sidor394
FörlagOUP OXFORD
ISBN9780199680399

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Folkrätt inom Juridik
Internationella relationer inom Samhälle och politik

Dr Vincent-Joël Proulx is an Associate Professor at the Faculty of Law at the National University of Singapore. He previously served a three-year term as Special Assistant to the President of the International Court of Justice (ICJ). His past appointments also included serving as Legal Officer to the Vice-President of the ICJ, Quebec Scholar at the Woodrow Wilson International Center for Scholars, and Law Clerk at both the ICJ and Court of Appeal for Ontario.

Introduction ; 1. Crossing the Conceptual Rubicon: Better Understanding Secondary Norms of State Responsibility ; 2. State Responsibility and Global Security in the Light of Unforeseen Transnational Phenomena ; 3. Assessing Existing Institutional Mechanisms in Implementing State Responsibility ; 4. Institutionalizing the Implementation of State Responsibility in Counterterrorism Contexts: The Interplay between the Security Council and International Legal Norms ; 5. Drawing on Self-Contained Regimes: The Connection between Use of Force and State Responsibility ; 6. Please Kill Responsibly: Counteracting Global Security Violations with Force ; Conclusion