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Disobeying the Security Council : Countermeasures against Wrongful Sanctions.
In the last few years, the Security Council has imposed highly controversial sanctions on both individuals and States, some of which can be considered to violate international law. This book argues that the law of international responsibility allows States to disobey these obligations when they woul...
| Clasificación: | Libro Electrónico |
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| Autor principal: | |
| Formato: | Electrónico eBook |
| Idioma: | Inglés |
| Publicado: |
Oxford :
OUP Oxford,
2014.
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| Colección: | Oxford monographs in international law.
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| Temas: | |
| Acceso en línea: | Texto completo |
Tabla de Contenidos:
- Table of Cases; Table of Other Primary Authorities; List of Abbreviations; 1. Responsibility as a Form of Accountability and the UN Legal Order; I. Forms of Accountability and the Significance of (Legal) Responsibility; II. Accountability for the Exercise of Non-Forcible Powers by the Security Council; I: THE ENGAGEMENT OF RESPONSIBILITY; 2. Attribution of Conduct to the United Nations; I. Attribution of Security Council Conduct to the United Nations; II. Attribution of Member State Conduct to the United Nations.
- III. Derivative Responsibility of the UN for Internationally Wrongful Acts of Member States-Attribution of Responsibility rather than ConductIV. Interim Conclusion; 3. The Element of Breach: Sources of Obligations Incumbent upon the United Nations; I. Charter Law: The Lex Specialis; II. General International Law: The Lex Generalis; III. Interim Conclusion; II: THE DETERMINATION OF RESPONSIBILITY; 4. Judicial Determination; I. The Question of Qualification of Judicial Involvement; II. Judicial Determination of Responsibility; III. 'Judicial Review' of Council Action; IV. Interim Conclusion.
- 5. Determination by StatesI. States as Judices in Causae Suae; II. The Exercise of the Power of Auto-Determination; III. Interim Conclusion; III: THE CONSEQUENCES OF RESPONSIBILITY; 6. The Content of International Responsibility; I. Cessation: Between Performance and Restitution; II. Reparation; III. Interim Conclusion; 7. Implementation through Self-Enforcement; I. Availability of Countermeasures; II. Disobedience; III. Other Countermeasures; IV. 'Lawful' Measures by States 'Other than the Injured State'; General Conclusion; Bibliography; Index; A; C; D; E; F; G; H; I; J; L; M; N; O; P; R; S.