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The UN Security Council and Domestic Actors - Distance in International Law (Paperback): Machiko Kanetake The UN Security Council and Domestic Actors - Distance in International Law (Paperback)
Machiko Kanetake
R1,293 Discovery Miles 12 930 Ships in 12 - 17 working days

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.

The UN Security Council and Domestic Actors - Distance in International Law (Hardcover): Machiko Kanetake The UN Security Council and Domestic Actors - Distance in International Law (Hardcover)
Machiko Kanetake
R4,582 Discovery Miles 45 820 Ships in 12 - 17 working days

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.

The Rule of Law at the National and International Levels - Contestations and Deference (Paperback): Machiko Kanetake, Andre... The Rule of Law at the National and International Levels - Contestations and Deference (Paperback)
Machiko Kanetake, Andre NollKaemper
R1,703 Discovery Miles 17 030 Ships in 10 - 15 working days

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.

The Rule of Law at the National and International Levels - Contestations and Deference (Hardcover): Machiko Kanetake, Andre... The Rule of Law at the National and International Levels - Contestations and Deference (Hardcover)
Machiko Kanetake, Andre NollKaemper
R3,921 Discovery Miles 39 210 Ships in 10 - 15 working days

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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