Disobeying the Security Council: Countermeasures Against Wrongful Sanctions
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.
What people are saying - Write a review
We haven't found any reviews in the usual places.
Other editions - View all
Disobeying the Security Council: Countermeasures against Wrongful Sanctions
No preview available - 2013
adopted application ARSIWA Commentary Article 25 Article 41 attribution of conduct Bosnia and Herzegovina breach cessation cf Art cfalso Chapter VII civil disobedience claim compliance constituent instrument constitute Council action Council measure countermeasures DARIO determination domestic courts ECtHR EJIL emphasis added erga omnes established exercise fact Festschrift Gaja HM Treasury human rights ibid ICJ Rep idem ILDC illegal imposed international law International Law Commission international legal international obligations international organization international responsibility internationally wrongful act interpretation judicial review juridical restitution jurisdiction jus cogens Kadi Lauterpacht legal effect legal order Lockerbie Namibia Nollkaemper non-forcible normative act Organization’s PCIJ peremptory norms principle provision Reinisch relevant reparation Resolution respect RIAA rules sanctions Sarooshi secondary obligations Security Council specific subject of international Talmon text at nn treaty Tribunal Tzanakopoulos ultra vires United Nations UNJY UNMIK validity VCLT YILC