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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. The Council may overstep limits on its power imposed by the UN Charter itself and by general international law, including human rights guarentees. Such acts may engage the international responsibility of the United Nations, the organization of which the Security Council is an organ. Disobeying the Security Council discusses how and by whom the responsibility of the UN for unlawful Security Council sanctions can be determined; 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.
This work investigates the legal legitimacy of states disobeying United Nations Security Council sanctions when those sanctions violate international law or the UN Charter. Antonios Tzanakopoulos, a scholar of international law, examines the intersection of institutional power and state responsibility. He argues that when the Security Council exceeds its legal authority, particularly regarding human rights, states may legally justify non-compliance as a form of countermeasure under international law.
What You Will Find
Scope Limits
Legal scholars frequently cite this monograph as a rigorous contribution to the discourse on the limits of Security Council power. Experts note that the text provides a highly technical and dense analysis suitable for practitioners and academics in the field of international law.
Page Count:
286
Publication Date:
2013-01-01
Publisher:
OUP Oxford
ISBN-10:
0191649759
ISBN-13:
9780191649752
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