The Authority of the Security Council Under Chapter VII of the UN Charter

The Authority of the Security Council Under Chapter VII of the UN Charter
Author: David Schweigman
Publisher: Martinus Nijhoff Publishers
Total Pages: 384
Release: 2001-05-30
Genre: Political Science
ISBN: 9789041116413

This volume discusses the legal limits to the authority of the Security Council under Chapter VII of the United Nations Charter. The interest in this topic regained importance when the Security Council started to play an increasingly active role after a period of dormancy between 1945 and 1990. The work describes various approaches to Charter interpretation, provides an overview of the Council's powers under the Charter and surveys the Council's recent practice with regard to the maintenance of international peace and security. Subsequently the sources and contents of the limits to the Council's authority are analyzed. This is followed by an analysis of the role of the International Court of Justice, which includes an overview of the main obstacles to, and possibilities of, judicial review by the Court of Council decisions taken under Chapter VII. Finally, the work discusses recent proposals to enhance the Council's legitimacy.

The Authority of the Security Council under Chapter VII of the UN Charter

The Authority of the Security Council under Chapter VII of the UN Charter
Author: David Schweigman
Publisher: BRILL
Total Pages: 372
Release: 2001-05-01
Genre: Law
ISBN: 9047411927

This volume discusses the legal limits to the authority of the Security Council under Chapter VII of the United Nations Charter. The interest in this topic regained importance when the Security Council started to play an increasingly active role after a period of dormancy between 1945 and 1990. The work describes various approaches to Charter interpretation, provides an overview of the Council's powers under the Charter and surveys the Council's recent practice with regard to the maintenance of international peace and security. Subsequently the sources and contents of the limits to the Council's authority are analyzed. This is followed by an analysis of the role of the International Court of Justice, which includes an overview of the main obstacles to, and possibilities of, judicial review by the Court of Council decisions taken under Chapter VII. Finally, the work discusses recent proposals to enhance the Council's legitimacy.

The Chapter VII Powers of the United Nations Security Council

The Chapter VII Powers of the United Nations Security Council
Author: Erika de Wet
Publisher: Bloomsbury Publishing
Total Pages: 431
Release: 2004-01-23
Genre: Law
ISBN: 1847310419

This study provides a comprehensive analysis of the questions pertaining to the powers of the Security Council under Chapter VII of the Charter of the United Nations. In doing so it departs from the premise that an analysis of the limitations to the powers of the Security Council and an analysis of judicial review of such limitations by the ICJ, respectively, are inter-dependent. On the one hand, judicial review would only become relevant if and to the extent that the powers granted to the Security Council under Chapter VII of the Charter are subject to justiciable limitations. On the other hand, the relevance of any limitation to the powers of the Security Council would remain limited if it could not be enforced by judicial review. This inter-dependence is reflected by the fact that Chapters 2 and 3 focus on judicial review in advisory and contentious proceedings, respectively, whereas Chapters 4 to 9 examine the limits to the powers of the Security Council. The concluding chapter subsequently illuminates how the respective limits to the Security Council's enforcement powers could be enforced by judicial review. It also explores an alternative mode of review of binding Security Council decisions that could complement judicial review by the ICJ, notably the right of states to reject illegal Security Council decisions as a 'right of last resort'. The space and attention devoted to the limits to the Security Council's enforcement powers reflects the second aim of this study, namely to provide new direction to this aspect of the debate on the Security Council's powers under Chapter VII of the Charter. It does so by paying particular attention to the role of human rights norms in limiting the type of enforcement measures that the Security Council can resort to in order to maintain or restore international peace and security.

The United Nations and the Development of Collective Security

The United Nations and the Development of Collective Security
Author: Dan Sarooshi
Publisher: Oxford University Press
Total Pages: 348
Release: 1999
Genre: Law
ISBN: 9780198268635

This book examines one of the most important challenges facing the United Nations today: the effective and lawful use of force by or under the authority of the UN to maintain or restore peace. It makes a significant contribution to the content of the law pertaining to the use of force by the UN and provides guidance as to the likely future developments in the legal framework governing collective action to maintain peace under the auspices of the United Nations.

Charter of the United Nations and Statute of the International Court of Justice

Charter of the United Nations and Statute of the International Court of Justice
Author: United Nations
Publisher: UN
Total Pages: 112
Release: 2015-08-30
Genre: Political Science
ISBN: 9789210016513

The Charter of the United Nations was signed in 1945 by 51 countries representing all continents, paving the way for the creation of the United Nations on 24 October 1945. The Statute of the International Court of Justice forms part of the Charter. The aim of the Charter is to save humanity from war; to reaffirm human rights and the dignity and worth of the human person; to proclaim the equal rights of men and women and of nations large and small; and to promote the prosperity of all humankind. The Charter is the foundation of international peace and security.

Neutrality in Contemporary International Law

Neutrality in Contemporary International Law
Author: James Upcher
Publisher: Oxford Monographs in Internati
Total Pages: 324
Release: 2020-01-19
Genre: Law
ISBN: 0198739761

The law of neutrality - the corpus of legal rules regulating the relationship between belligerents and States taking no part in hostilities - assumed its modern form in a world in which the waging of war was unconstrained. The neutral State enjoyed territorial inviolability to the extent that it adhered to the obligations attaching to its neutral status and thus the law of neutrality provided spatial parameters for the conduct of hostilities. Yet the basis on which the law of neutrality developed - the extra-legal character of war - no longer exists. Does the law of neutrality continue to survive in the modern era? If so, how has it been modified by the profound changes in the law on the use of force and the law of armed conflict? This book argues that neutrality endures as a key concept of the law of armed conflict. The interaction between belligerent and nonbelligerent States continues to require legal regulation, as demonstrated by a number of recent conflicts, including the Iraq War of 2003 and the Mavi Marmara incident of 2010. By detailing the rights and duties of neutral states and demonstrating how the rules of neutrality continue to apply in modern day conflicts, this restatement of law of neutrality will be a useful guide to legal academics working on the law of armed conflict, the law on the use of force, and the history of international law, as well as for government and military lawyers seeking comprehensive guidance in this difficult area of the law.

The Security Council at the Dawn of the Twenty-first Century

The Security Council at the Dawn of the Twenty-first Century
Author: Pascal Teixeira
Publisher: United Nations Publications UNIDIR
Total Pages: 144
Release: 2003
Genre: Political Science
ISBN:

The aim of this study is not to explore all of the problems that arise today in security threats and conflict management, but to seek to understand the role of a particular institution--the Security Council--and the changes now affecting its modes of intervention and its interaction with international actors--great powers, regional organizations, non-state actors.