Disobeying the Security Council: Countermeasures against Wrongful Sanctions

Paperback | March 14, 2013

byAntonios Tzanakopoulos

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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. The Council may overstep limits on its power imposed by the UN Chater itself and bygeneral international law. 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 bedetermined; 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.

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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. The Council may overstep limits on its power imposed by the UN Chater itself and bygeneral international law. Such acts may engage t...

Antonios Tzanakopoulos is a Lecturer in Public International Law at University College London. Prior to that, he taught at the Universities of Oxford and Glasgow. 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 International Law in ...
Format:PaperbackDimensions:300 pages, 9.21 × 6.14 × 0.07 inPublished:March 14, 2013Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199670730

ISBN - 13:9780199670734

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Table of Contents

1. Responsibility as a Form of Accountability and the UN Legal OrderI The Engagement of Responsibility2. Attribution of Conduct to the United Nations3. The Element of Breach: Sources of Obligations Incumbent upon the United NationsII The Determination of Responsibility4. Judicial Determination5. Determination by StatesIII The Consequences of Responsibility6. The Content of International Responsibility7. Implementation Through Self-EnforcementGeneral Conclusion

Editorial Reviews

"Antonios Tzanakopoulos's argument is supported by numerous references, both classical and contemporary, which make up a wide panorama of the current state of research. . . Always, the position set out by the author enriches the debate over the question of the legality of the control of theCouncil, at a moment when it is multiplying the sanctions which are targeted and when its role as "World legislator" is criticised." --Annuaire francais de droit international 01/02/2012