Disobeying the Security Council : countermeasures against wrongful sanctions / Antonios Tzanakopoulos.

Format:

Book

Author/Creator:

Tzanakopoulos, Antonios, author.

Series:

Oxford monographs in international law.

Oxford Monographs in International Law

Language:

English

Subjects (All):

United Nations. Security Council.

United Nations.

Sanctions (International law).

Physical Description:

1 online resource (276 p.)

Edition:

1st ed.

Place of Publication:

Oxford, England : Oxford University Press, 2011.

Language Note:

English

Summary:

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 would result in a violation of human rights.

Contents:

Intro

Contents

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 Conduct

IV. 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

5. Determination by States

I. States as Judices in Causae Suae

II. The Exercise of the Power of Auto-Determination

III: THE CONSEQUENCES OF RESPONSIBILITY

6. The Content of International Responsibility

I. Cessation: Between Performance and Restitution

II. Reparation

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

T

U

V.

Notes:

Bibliographic Level Mode of Issuance: Monograph

Includes bibliographical references and index.

Description based on print version record.

Description based on publisher supplied metadata and other sources.

ISBN:

0-19-172521-8

0-19-164974-0

OCLC:

960162781