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The Chapter VII Powers of the United Nations Security Council

By: Erika de Wet
Media of The Chapter VII Powers of the United Nations Security Council
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Published: 23-01-2004
Format: PDF eBook (?)
Edition: 1st
Extent: 432
ISBN: 9781847310415
Imprint: Hart Publishing
Series: Studies in International Law
RRP: £85.50
Online price : £68.40
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Loren Epson

About The Chapter VII Powers of the United Nations Security Council

This study provides a comprehensive analysis of the questions pertaining to the powers of the Security Council under Chapter VII of the Charter of the United Nations. In doing so it departs from the premise that an analysis of the limitations to the powers of the Security Council and an analysis of judicial review of such limitations by the ICJ, respectively, are inter-dependent. On the one hand, judicial review would only become relevant if and to the extent that the powers granted to the Security Council under Chapter VII of the Charter are subject to justiciable limitations. On the other hand, the relevance of any limitation to the powers of the Security Council would remain limited if it could not be enforced by judicial review.

This inter-dependence is reflected by the fact that Chapters 2 and 3 focus on judicial review in advisory and contentious proceedings, respectively, whereas Chapters 4 to 9 examine the limits to the powers of the Security Council. The concluding chapter subsequently illuminates how the respective limits to the Security Council's enforcement powers could be enforced by judicial review. It also explores an alternative mode of review of binding Security Council decisions that could complement judicial review by the ICJ, notably the right of states to reject illegal Security Council decisions as a 'right of last resort'.

The space and attention devoted to the limits to the Security Council's enforcement powers reflects the second aim of this study, namely to provide new direction to this aspect of the debate on the Security Council's powers under Chapter VII of the Charter. It does so by paying particular attention to the role of human rights norms in limiting the type of enforcement measures that the Security Council can resort to in order to maintain or restore international peace and security.

Table Of Contents

1 Introduction

Part I: Judicial Review
2 Advisory Opinions of the International Courts of Justice (ICJ) as a Mechanism for Judicial Review
3 Judicial Review as an Emerging General Principle of Law and its Implications for Contentious Proceedings Before the ICJ

Part II: Limitations to the Security Council's Chapter VII Powers
4 Limits to the Security Council's Discretion under Article 39 of the Charter
5 An Overview of the Substantive Limits to the Security Council's Discretion under Articles 40, 41 and 42 of the Charter
6 Limits to the Security Council's Discretion to Impose Economic Sanctions
7 Limits to the Security Council's Discretion to Authorise States and Regional Organisations to use Force
8 Limits to the Security Council's Discretion to Authorise the Civil Administration of Territories
9 Limits to the Security Council's Discretion to Adopt (Quasi-) Judicial Measures
10 Conclusion

Reviews

“…the book manages to add thoughtful insights into a core question of the law of international organizations…De Wet presents her arguments in a lucid and enlightening way. The book is very well written; it introduces the reader into highly complex areas of the law in a straightforward and accessible fashion.” –  August Reinisch, Austrian Review of International and European Law, Vol 9

“…a comprehensive in-depth analysis that deserves high praise…an important addition to the existing literature and is therefore warmly recommended…” –  Robin Geiß, German Yearbook of International Law, Vol 48

“…rich, thorough and substantial…The issues identified for analysis by the author are important and the analyses are solid and rigorous.” –  Sienho Yee, Chinese Journal of International Law, Vol 5, No. 2

“...forces readers to reexamine the ahistorical premise...that the post-Cold War Council is now, for the first time, 'functioning as was originally intended under the United Nations Charter' (p.17).” –  Jose E. Alvarez, American Journal of International Law, Vol. 99, No. 4

“This intriguing analysis of the contemporary work of the Council is well-written, well supported by ample references to research authorities, and organized in a way which logically leads to its raison d'tre.
This is a provocative and fascinating contribution to the dearth of comprehensive literature on the potential for judicial review of UN Security Council actionthis is undoubtedly a 'must' for all collections. Any student or teacher of International Law and the United Nations should obtain this creative analysis. It fills a gap that many have heretofore not minded.
” –  American Society of International Law Newsletter

“This study provides a comprehensive analysis of the questions pertaining to the powers of the Security Council under Chapter VII of the Charter.” –  F. De Stratis, ERPL/REDP, Vol 17, No 3

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