The UN Security Council and Domestic Actors: Distance in international law

Description

This book analyses the exercise of authority by the UN Security Council and its subsidiary organs over individuals. The UN Security Council was created in 1945 as an outcome of World War II under the predominant assumption that it exercises its authority against states. Under this assumption, the UN Security Council and those individuals were ‘distanced’ by the presence of member states that intermediate between the Security Council’s international commands and those individuals that are subject to member states’ domestic law. However, in practice, the UN Security Council’s exercise of authority has incrementally removed the presence of state intermediaries and reduced the Security Council’s distance to individuals. This book demonstrates that this phenomenon has increased the relevance of domestic law in developing the international normative frameworks governing the UN Security Council and its subsidiary organs in safeguarding the rights, obligations, and interests of those affected individuals. This book presents how the UN Security Council’s exercise of authority has been received at the domestic level, and what would be the international implications of the Security Council’s extensive encounter with the actors who primarily reside in a domestic legal order. Cover Half Title Title Page Copyright Page Table of Contents List of cases Security Council Resolutions List of abbreviations Preface 1. Introduction 2. The League of Nations and domestic actors 2.1 Introduction 2.2 ‘International peace and security’ under the League Covenant 2.3 Minorities questions and the concept of ‘international peace’ 2.4 Administration of territories by the League Council 2.5 Conclusion 3. Conceptual distance 3.1 Introduction 3.2 At the drafting stage 3.3 The concept of ‘any threat to the peace’ in the practice of the Security Council 3.4 Conclusion: Conceptual distance between the Security Council’s exercise of authority and domestic actors 4. Distance in the Security Council’s Chapter VII measures 4.1 Introduction 4.2 Addressing individuals 4.3 Target specification 4.4 Direct implementation 4.5 Conclusion: Reduced distance in Chapter VII measures 5. Reception in international law: a general framework 5.1 Introduction 5.2 The powers accorded to the Security Council 5.3 Legal limits to the Security Council’s powers: Article 1(1) of the UN Charter 5.4 Limited judicial review by international courts 5.5 Conclusion 6. Reception in international law: specific Chapter VII measures 6.1 Introduction 6.2 Addressing individuals 6.3 Target specification 6.4 Direct implementation 6.5 Conclusion 7. Reception in domestic law 7.1 Introduction 7.2 Addressing individuals: Possibilities for direct applicability at the domestic level 7.3 Target specification: Contestations through domestic and regional courts 7.4 Direct implementation: Limited contestations through domestic and regional courts 7.5 Conclusion 8. International implications of the Security Council’s encounter with domestic actors 8.1 Introduction 8.2 Characterising the points of connection between the domestic and international levels 8.3 Normative and procedural development at the UN 8.4 Bosphorus for the UN 8.5 Conclusion 9. Conclusion Annex I: National, EU and international cases regarding UN targeted sanctions Annex II: The procedural development of the 1267 Sanctions Committee Bibliography Index