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.
The Engagement of Domestic Courts with International Law advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order.
The fully revised and updated new edition of this authoritative work provides a clear and detailed analysis of the institutions and procedures for the settlement of international disputes. There has been a continued expansion of the number of international tribunals and the number of cases before international courts in recent years. The proliferation of such fora and of the jurisprudence they generate has made it essential to understand and regulate evolving and competing jurisdictions.This new edition authoritatively sets out the substance and procedure of the law of international dispute settlement in the context of these new developments. The first part of the book examines the different methods and institutions of dispute settlement. It introduces the most important dispute settlement methods and discusses the role of domestic courts in settling international disputes. It assesses the institutions of general jurisdiction, notably the International Court of Justice, and the various sectoral regimes of dispute settlement. Part two provides a comprehensive examination of procedure before an international court or tribunal. It sets out the shared elements of procedure, while also highlighting the important procedural differences between the various international courts and arbitral bodies. This section includes an discussion of the law of evidence and the conduct of counsel in international adjudication. The third part focuses on the problems facing the systemof international dispute settlement as a result of the proliferation of dispute resolution mechanisms, and the augmenting specialization and fragmentation of international law. It analyses the various ways competing jurisdictions can be regulated to avoid creating conflicting decisions, and the resultant systemic incoherence. The book remains essential reading for both students of international law and international legal practitioners.
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 book offers a novel perspective on the leading concept of harmonisation, advocating the mutual benefits and practical utility of harmonised law. Theoretical models and factors for harmonisation are explored in detail. Antonios E. Platsas acknowledges a range of additional factors and presents harmonisation as a widely applicable and useful theory.
The Engagement of Domestic Courts with International Law advances and develops a new paradigm for describing, assessing, and understanding the role of domestic courts in the international legal order.
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