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Disobeying the Security CouncilCountermeasures against Wrongful Sanctions$
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Antonios Tzanakopoulos

Print publication date: 2011

Print ISBN-13: 9780199600762

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199600762.001.0001

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Attribution of Conduct to the United Nations

Attribution of Conduct to the United Nations

Chapter:
(p.17) 2 Attribution of Conduct to the United Nations
Source:
Disobeying the Security Council
Author(s):

Antonios Tzanakopoulos (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199600762.003.0002

For the international responsibility of the UN to be engaged, conduct susceptible of violating international law must be attributable to the UN rather than some other actor (e.g., a Member State). This chapter discusses the types of conduct in which the Security Council engages and the types of conduct that the Security Council strictly imposes on Member States. It argues that normative conduct of the Security Council, including ultra vires conduct, is automatically attributable to the UN. But it also argues that Member State conduct taken in implementation of Security Council commands is attributable directly to the UN, because it is normatively controlled by the Security Council's decision. This normative control amounts to effective control.

Keywords:   conduct, action, omission, actor, attribution, direct attribution, automatic attribution, ultra vires conduct, effective control, normative control

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