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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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Judicial Determination

Judicial Determination

Chapter:
(p.87) 4 Judicial Determination
Source:
Disobeying the Security Council
Author(s):

Antonios Tzanakopoulos (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199600762.003.0004

Even if one may theoretically argue that Security Council action has engaged UN international responsibility, the question remains as to who is competent to determine that the UN has become responsible. This chapter surveys the possibility there exists any court or tribunal, including the ICJ and domestic or supranational courts, that can either make such a judicial determination or that can ‘judicially review’ the acts of the Council. It argues that no court may authoritatively determine UN responsibility in this case with binding force. It further defines the notion of ‘judicial review’ as internal, hierarchical, binding, and systematic control of normative acts, and concludes that there can be no judicial review of Security Council action by any court.

Keywords:   judicial determination, authoritative determination, judicial review, competence, international court, tribunal, domestic courts, national courts, binding force, internal review

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