000 05021cam a2200397 i 4500
001 17912677
003 TZ-ArACH
005 20240524113735.0
008 131021s2014 enk b 001 0 eng
010 _a 2013041945
020 _a9780415710435 (hardback)
020 _a9781138670518 (Paperback)
020 _a041571043X (hardback)
020 _z9781315867632 (ebk.)
020 _z131586763X (ebk.)
040 _aDLC
_beng
_cTZ-ArACH
_erda
_dDLC
042 _apcc
050 0 0 _aKZ5036
_b.D76 2014
100 1 _aDroubi, Sufyan,
_eauthor.
245 1 0 _aResisting United Nations Security Council resolutions /
_cSufyan Droubi.
260 _aNew York, NY :
_aLondon;
_b Routledge,
_c2014.
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.
_96901
650 7 _aLaw / General.
_2bisacsh
650 7 _aLaw / International.
_2bisacsh
650 7 _aPolitical science / Government / International.
_2bisacsh
_915376
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
942 _2lcc
_cBOOK
999 _c7271
_d7271