| 000 | 04728cam a2200313 i 4500 | ||
|---|---|---|---|
| 003 | OSt | ||
| 005 | 20150107145611.0 | ||
| 008 | 131021s2014 enk b 001 0 eng | ||
| 020 | _a9780415710435 | ||
| 040 | _cSLSN | ||
| 082 | 0 | 0 |
_a341.2323 _bDRO.R |
| 100 | 1 |
_aDroubi, Sufyan, _eauthor. |
|
| 245 | 1 | 0 |
_aResisting United Nations Security Council resolutions / _cSufyan Droubi. |
| 260 |
_aNew York, _bRoutledge, _c2014, |
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| 300 |
_axx, 251 pages ; _c24 cm. |
||
| 490 | 0 | _aRoutledge research in international law | |
| 504 | _aIncludes bibliographical references (pages 234-243) and index. | ||
| 520 | _a"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"-- | ||
| 520 | _a"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"-- | ||
| 610 | 2 | 0 |
_aUnited Nations. _bSecurity Council _vResolutions. |
| 610 | 2 | 0 |
_aUnited Nations. _tCharter. |
| 650 | 7 |
_aLAW / General. _2bisacsh |
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| 650 | 7 |
_aLAW / International. _2bisacsh |
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| 650 | 7 |
_aPOLITICAL SCIENCE / Government / International. _2bisacsh |
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| 856 | 4 | 1 |
_3Table of contents only _uhttp://www.loc.gov/catdir/toc/fy14pdf02/2013041945.html |
| 906 |
_a7 _bcbc _corignew _d1 _eecip _f20 _gy-gencatlg |
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| 942 | _2ddc | ||
| 955 |
_bxg06 2013-10-21 _ixg06 2013-10-21 _axg16 2014-07-15 1 copy rec'd., to CIP ver. |
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_c256808 _d256808 |
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