Disobeying the Security Council: Countermeasures against Wrongful Sanctions

Hardcover | February 5, 2011

byAntonios Tzanakopoulos

not yet rated|write a review
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 generalinternational 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. Mostimportantly, 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 SecurityCouncil'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 bookconcludes that this practice can (and should) be qualified as a countermeasure.

Pricing and Purchase Info

$157.50

Ships within 1-3 weeks
Ships free on orders over $25

From the Publisher

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 generalinternational law, including human rights guarant...

Antonios Tzanakopoulos is Lecturer in Public International Law at the University of Glasgow. Prior to that, he taught at the University of Oxford in Public International Law. He studied law in Athens, New York and Oxford. Antonios is a qualified lawyer with the Athens Bar in Greece, Associate Editor for the Oxford Reports on Internati...
Format:HardcoverDimensions:304 pagesPublished:February 5, 2011Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199600767

ISBN - 13:9780199600762

Look for similar items by category:

Customer Reviews of Disobeying the Security Council: Countermeasures against Wrongful Sanctions

Reviews

Extra Content

Table of Contents

1. Responsibility as a Form of Accountability2. Attribution of Conduct to the UN3. The Element of Breach4. Judicial Determination5. Determination by States6. The Content of International Responsibility7. Implementation through Self-Enforcement8. General Conclusion