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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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Implementation through Self-Enforcement

Implementation through Self-Enforcement

(p.154) 7 Implementation through Self-Enforcement
Disobeying the Security Council

Antonios Tzanakopoulos (Contributor Webpage)

Oxford University Press

This chapter examines how the responsibility of the UN for wrongful Security Council sanctions can be implemented. The normal way of implementation of responsibility in a decentralized legal system is through countermeasures, i.e., through self-help. The chapter accepts that disobedience is the ultimum refugium of States when these are faced with what they consider wrongful Council sanctions. But it seeks to qualify legally this disobedience. It discusses whether it constitutes civil disobedience, whether it is allowed under Article 25 UN Charter, which — it is argued — obligates States to comply with valid, intra vires acts of the Council, or whether it constitutes an illegal acts that is justifiable as a countermeasure. It concludes that it is the latter, not less so because acts of the Council are always valid, even if they are illegal, for lack of an instance to determine their invalidity.

Keywords:   implementation of responsibility, self-help, self-enforcement, disobedience, civil disobedience, ultimum refugium, validity of acts, legality of acts, Article 25, countermeasures

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