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

Determination by States

Determination by States

Chapter:
(p.112) 5 Determination by States
Source:
Disobeying the Security Council
Author(s):

Antonios Tzanakopoulos (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199600762.003.0005

This chapter argues that the conclusion reached in Chapter 4, that there is no court that can authoritatively determine UN responsibility for Council action or that can judicially review Council acts, is not surprising in international law. In a decentralized legal system, determination of responsibility takes place extra-judicially, by the subjects of the legal system themselves — in this case by States. States, acting as judices in causae suae, determine that the responsibility of the UN has been engaged themselves, and at their own risk. This determination, which is not precluded by the UN Charter, but only made more difficult by the existence of a presumption of legality of UN acts, may take place either through the action of executive (political) organs of the State, or through domestic courts.

Keywords:   decentralized legal system, extra-judicial determination, determination of responsibility, auto-determination, auto-interpretation, judex in causa sua, presumption of legality, political determination, judicial determination, domestic courts

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 .