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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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The Element of Breach: Sources of Obligations Incumbent upon the United Nations

The Element of Breach: Sources of Obligations Incumbent upon the United Nations

Chapter:
(p.54) 3 The Element of Breach: Sources of Obligations Incumbent upon the United Nations
Source:
Disobeying the Security Council
Author(s):

Antonios Tzanakopoulos (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199600762.003.0003

Conduct that is attributable to the UN must also be in breach of the UN's international obligations in order to engage the organization's international responsibility. This chapter examines the sources and content of international obligations incumbent upon the UN, particularly when the organization is acting through the Security Council. It argues that the UN is bound by its own Charter, the lex specialis in this case, which includes the obligations to determine the existence of a threat to the peace (Article 39) and to take measures that are proportional (i.e., necessary and appropriate) to counter the threat. It is also bound by general international law, the lex generalis. This lex generalis includes both jus cogens, but also elements of the jus dispositivum, including human rights obligations, which is not automatically cast aside by the operation of Article 103 of the UN Charter.

Keywords:   international obligation, breach, proportionality, Article 39, Article 103, lex specialis, lex generalis, jus cogens, jus dispositivum, human rights

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