Resisting United Nations Security Council resolutions / Sufyan Droubi.
2014
KZ5036 .E4 2014 (Map It)
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Details
Author
Title
Resisting United Nations Security Council resolutions / Sufyan Droubi.
Published
Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2014.
Call Number
KZ5036 .E4 2014
ISBN
9780415710435 (hardback)
041571043X (hardback)
9781315867632 (ebk.)
131586763X (ebk.)
041571043X (hardback)
9781315867632 (ebk.)
131586763X (ebk.)
Description
xx, 251 pages ; 24 cm.
System Control No.
(OCoLC)854611093
Summary
"The United Nations Security Council has primary responsibility for maintaining international peace and security. In discharging its powers it must act in accordance with the Purposes and Principles of the UN, and observe the rules governing voting and procedure established in the Organisations Charter. The Council adopts mandatory resolutions that establish obligations for members and non-members. Such obligations trump conflicting obligations originating from treaties and Member States must cooperate with the Organisation and among themselves, in the implementation of any action prescribed by the Council against States whose behaviour the Council considers an act of aggression, or a threat to, or breach of, international peace and security. Since the adoption of the Charter, observers have tried to grasp the scope and extent of the Councils powers, and whether States have any right to oppose its mandatory resolutions, especially those they find to be unlawful, i.e. contrary to the Charter.This book analyses resistance to Security Council resolutions and puts forward a theory of lawful resistance. Sufyan El Droubi takes a positivist approach to the UN Charter regarding it as a constitution, with the meaning of Charter provisions considered to be the product of an on-going dialogue between international lawyers, UN staff, government lawyers, diplomats and scholars. Special emphasis is placed on the construction of the Charters meaning through the practice of both organs and Members of the UN. The book explores a number of case studies of individual and collective State resistance to mandatory Council resolutions, expressly justified by the alleged unlawfulness of the opposed resolution. The book develops the concept of lawful resistance including the cues of unlawfulness upon which the resisting State can rely so as to assess the lawfulness and legitimacy of its arguments, the role played by the different actors present in the different contexts of resistance, as well as the contours of behaviour that may qualify as lawful resistance"-- Provided by publisher.
"The United Nations Security Council has primary responsibility for maintaining international peace and security. In discharging its powers it must act in accordance with the Purposes and Principles of the UN, and observe the rules governing voting and procedure established in the Organisations Charter. The Council adopts mandatory resolutions that establish obligations for members and non-members. Such obligations trump conflicting obligations originating from treaties and Member States must cooperate with the Organisation and among themselves, in the implementation of any action prescribed by the Council against States whose behaviour the Council considers an act of aggression, or a threat to, or breach of, international peace and security. This book analyses resistance to Security Council resolutions and puts forward a theory of lawful resistance. Sufyan El Droubi takes a positivist approach to the UN Charter regarding it as a constitution, with the meaning of Charter provisions considered to be the product of an on-going dialogue between international lawyers, UN staff, government lawyers, diplomats and scholars. Special emphasis is placed on the construction of the Charter's meaning through the practice of both organs and Members of the UN. The book proposes that nonviolent resistance to a mandatory resolution of the SC, on grounds that the latter is incompatible with the Charter or jus cogens norms, may be considered lawful under the Charter if some elements are present"-- Provided by publisher.
"The United Nations Security Council has primary responsibility for maintaining international peace and security. In discharging its powers it must act in accordance with the Purposes and Principles of the UN, and observe the rules governing voting and procedure established in the Organisations Charter. The Council adopts mandatory resolutions that establish obligations for members and non-members. Such obligations trump conflicting obligations originating from treaties and Member States must cooperate with the Organisation and among themselves, in the implementation of any action prescribed by the Council against States whose behaviour the Council considers an act of aggression, or a threat to, or breach of, international peace and security. This book analyses resistance to Security Council resolutions and puts forward a theory of lawful resistance. Sufyan El Droubi takes a positivist approach to the UN Charter regarding it as a constitution, with the meaning of Charter provisions considered to be the product of an on-going dialogue between international lawyers, UN staff, government lawyers, diplomats and scholars. Special emphasis is placed on the construction of the Charter's meaning through the practice of both organs and Members of the UN. The book proposes that nonviolent resistance to a mandatory resolution of the SC, on grounds that the latter is incompatible with the Charter or jus cogens norms, may be considered lawful under the Charter if some elements are present"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 234-243) and index.
Record Appears in
Table of Contents
Acknowledgements
x
Table of cases
xi
Preface
xiv
Introduction
xvi
1.
The powers of the United Nations Security Council and resistance to its resolutions
1
1.1.
Scope of the powers of the UNSC and mandatory resolutions
1
1.2.
Addressees of mandatory UNSC resolutions
3
1.3.
The effects of mandatory resolutions
5
1.4.
Interpreting Council resolutions for the ascertainment of their nature
7
1.5.
Resolutions in accordance with the Charter, the presumption against normative conflict and voidability
10
1.6.
The Council's competence to decide, States' powers of autointerpretation and judicial review by the ICJ
11
1.7.
Resistance to prima facie mandatory resolutions
14
2.
UN Charter as a constitution and the notion of constitutional resistance
27
2.1.
The Charter as a constitution
27
2.2.
Purposes and Principles of the UN
30
2.3.
Peremptory norms of international law
34
2.4.
Doctrine of implied powers
38
2.5.
Rule of law at the UN and international levels
41
2.6.
The notion of constitutional resistance
44
3.
South African resistance to the demands that it abandon apartheid and withdraw from Namibia
56
3.1.
South Africa's arguments
56
3.2.
Summary of the main resolutions of the Security Council addressing apartheid
58
3.3.
Summary of the main resolutions of the Security Council addressing Namibia
62
3.4.
Debates and voting in the Council
65
3.5.
The ICJ on Namibia
67
3.6.
Review of the lawfulness of South Africa's resistance and conclusion
70
4.
Iraq's resistance to economic sanctions, with focus on its opposition to the implementation of humanitarian exemptions
77
4.1.
Summary of the main resolutions of the Council in their respective contexts
78
4.2.
Debates and voting in the Council
81
4.3.
Iraq's resistance and arguments
82
4.4.
Failure of the exemptions regime and of the OFF programme: the economic embargo as one of the causes of the humanitarian hardship
84
4.5.
Reaction of international organisations
85
4.6.
Evolution of the understanding of the aims of economic embargoes
86
4.7.
Assessment of the embargo and OFF mechanism
88
4.8.
Review of the lawfulness of Iraq's resistance and conclusion
89
5.
Bosnia and Herzegovina's noncompliance with the arms embargo
96
5.1.
Summary of the main resolutions of the Council
96
5.2.
Resort to the General Assembly
98
5.3.
Resort to the International Court of Justice
101
5.4.
Resort to the Organisation of the Islamic Conference
103
5.5.
Reaction of the Council
104
5.6.
Resistance to the embargo and its justification
107
5.7.
Reports of the Secretary-General
109
5.8.
Commentary concerning the right to self-defence and the Security Council
111
5.9.
Review of the lawfulness of resistance and conclusion
112
6.
Libya's noncompliance with determinations for the surrender of suspects and payment of compensation
120
6.1.
Summary of the main resolutions of the Council
120
6.2.
Debates and voting in the Council
122
6.3.
Resort to the International Court of Justice
125
6.4.
Resort to the League of Arab States, Organisation of the Islamic Conference, Non-Aligned Movement and Organisation of African Unity
128
6.5.
Strength of the claims of unlawfulness of the Council's resolutions
130
6.6.
Differences between Libya and other cases in which extradition was determined by the UNSC
134
6.7.
Review of the lawfulness of resistance and conclusion
136
7.
Iran's noncompliance with demands that it suspend nuclear activities and comply with the Protocol Additional to the Safeguards Agreement
145
7.1.
Legal background
145
7.2.
The case of Iraq
148
7.3.
The case of the Democratic Popular Republic of Korea
149
7.4.
Summary of the main resolutions of the IAEA Board of Governors
150
7.5.
Summary of the main resolutions of the Council
151
7.6.
Debates and voting in the Council
153
7.7.
Strength of the claims on unlawfulness of the Council's resolutions
155
7.8.
Review of the lawfulness of resistance and conclusion
159
8.
Targeted sanctions on individuals suspected of terrorism
167
8.1.
Summary of the main resolutions of the Council
168
8.2.
The Kadi case
172
8.3.
The Abdelrazik, Othman and Nada cases
177
8.4.
Debates in the Council
180
8.5.
Impacts of the decisions on the 1267 regime
181
8.6.
Review of the 1267/1989 regime by the Special rapporteur
183
8.7.
Review of the lawfulness of resistance and conclusion
186
9.
Critique of the prevalent theories
194
9.1.
Ciobanu: right of last resort as a political determination of a preliminary objection to political organs of the UN
194
9.2.
De Wet: right of last resort for the protection of fundamental norms
200
9.3.
Tzanakopoulos: civil disobedience to the Council as a countermeasure to the unlawfulness of a resolution
204
10.
Resisting UNSC resolutions
212
10.1.
Member States' obligation towards peace and security
212
10.2.
Resistance as a mechanism to foster development of the law of the UN
216
10.3.
State resistance and civil disobedience
219
10.4.
Government resistance and State resistance
222
10.5.
Resisting UNSC resolutions
225
Conclusion
230
Bibliography
234
Index
244