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

Implementation through Self-Enforcement

Implementation through Self-Enforcement

Chapter:
(p.154) 7 Implementation through Self-Enforcement
Source:
Disobeying the Security Council
Author(s):

Antonios Tzanakopoulos (Contributor Webpage)

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199600762.003.0007

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

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 .