Jump to ContentJump to Main Navigation
Disobeying the Security CouncilCountermeasures against Wrongful Sanctions$
Users without a subscription are not able to see the full content.

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

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (www.oxfordscholarship.com). (c) Copyright Oxford University Press, 2019. All Rights Reserved. Under the terms of the licence agreement, an individual user may print out a PDF of a single chapter of a monograph in OSO for personal use (for details see www.oxfordscholarship.com/page/privacy-policy).date: 18 April 2019

Judicial Determination

Judicial Determination

(p.87) 4 Judicial Determination
Disobeying the Security Council

Antonios Tzanakopoulos (Contributor Webpage)

Oxford University Press

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .