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Disobeying the Security Council - Countermeasures against Wrongful Sanctions (Hardcover, New)
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Disobeying the Security Council - Countermeasures against Wrongful Sanctions (Hardcover, New)
Series: Oxford Monographs in International Law
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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, 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.
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