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Vol 22 No 6 June/July 2017

Book of the Month

Cover of Supperstone, Goudie and Walker: Judicial Review

Supperstone, Goudie and Walker: Judicial Review

Edited by: Helen Fenwick
Price: £267.00

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The Chapter VII Powers of the United Nations Security Council

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ISBN13: 9781841134222
ISBN: 1841134228
Published: January 2004
Publisher: Hart Publishing
Format: Hardback
Price: £85.00



Despatched in 6 to 8 days.

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 Co

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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

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