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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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Determination by States

Determination by States

(p.112) 5 Determination by States
Disobeying the Security Council

Antonios Tzanakopoulos (Contributor Webpage)

Oxford University Press

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

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