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This book analyses the exercise of authority by the UN Security
Council and its subsidiary organs over individuals. The UN Security
Council was created in 1945 as an outcome of World War II under the
predominant assumption that it exercises its authority against
states. Under this assumption, the UN Security Council and those
individuals were 'distanced' by the presence of member states that
intermediate between the Security Council's international commands
and those individuals that are subject to member states' domestic
law. However, in practice, the UN Security Council's exercise of
authority has incrementally removed the presence of state
intermediaries and reduced the Security Council's distance to
individuals. This book demonstrates that this phenomenon has
increased the relevance of domestic law in developing the
international normative frameworks governing the UN Security
Council and its subsidiary organs in safeguarding the rights,
obligations, and interests of those affected individuals. This book
presents how the UN Security Council's exercise of authority has
been received at the domestic level, and what would be the
international implications of the Security Council's extensive
encounter with the actors who primarily reside in a domestic legal
order.
This book analyses the exercise of authority by the UN Security
Council and its subsidiary organs over individuals. The UN Security
Council was created in 1945 as an outcome of World War II under the
predominant assumption that it exercises its authority against
states. Under this assumption, the UN Security Council and those
individuals were 'distanced' by the presence of member states that
intermediate between the Security Council's international commands
and those individuals that are subject to member states' domestic
law. However, in practice, the UN Security Council's exercise of
authority has incrementally removed the presence of state
intermediaries and reduced the Security Council's distance to
individuals. This book demonstrates that this phenomenon has
increased the relevance of domestic law in developing the
international normative frameworks governing the UN Security
Council and its subsidiary organs in safeguarding the rights,
obligations, and interests of those affected individuals. This book
presents how the UN Security Council's exercise of authority has
been received at the domestic level, and what would be the
international implications of the Security Council's extensive
encounter with the actors who primarily reside in a domestic legal
order.
This book aims to enhance understanding of the interactions between
the international and national rule of law. It demonstrates that
the international rule of law is not merely about ensuring national
compliance with international law. International law and
institutions (eg, international human rights treaty-monitoring
bodies and human rights courts) respond to national contestations
and show deference to the national rule of law. While this might
come at the expense of the certainty of international law, it
suggests that the international rule of law can allow for
flexibility, national diversity and pluralism. The essays in this
volume are set against the background of increasing conflict
between international and national legal norms. Moreover the book
shows that international law and institutions do not always command
blind national obedience to international law, but incorporate a
process of adjustment and deference to national law and policies
that are protected by the rule of law at the national level.
This book aims to enhance understanding of the interactions between
the international and national rule of law. It demonstrates that
the international rule of law is not merely about ensuring national
compliance with international law. International law and
institutions (eg, international human rights treaty-monitoring
bodies and human rights courts) respond to national contestations
and show deference to the national rule of law. While this might
come at the expense of the certainty of international law, it
suggests that the international rule of law can allow for
flexibility, national diversity and pluralism. The essays in this
volume are set against the background of increasing conflict
between international and national legal norms. Moreover the book
shows that international law and institutions do not always command
blind national obedience to international law, but incorporate a
process of adjustment and deference to national law and policies
that are protected by the rule of law at the national level.
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Paperback
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R398
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