The UN Security Council and Domestic Actors: Distance in international law (Routledge Research in International Law)

"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."--Provided by publisher Cover 1 Half Title 2 Title Page 4 Copyright Page 5 Table of Contents 6 List of cases 7 Security Council Resolutions 16 List of abbreviations 18 Preface 20 1. Introduction 22 2. The League of Nations and domestic actors 28 2.1 Introduction 28 2.2 ‘International peace and security’ under the League Covenant 29 2.3 Minorities questions and the concept of ‘international peace’ 32 2.4 Administration of territories by the League Council 36 2.5 Conclusion 41 3. Conceptual distance 43 3.1 Introduction 43 3.2 At the drafting stage 44 3.3 The concept of ‘any threat to the peace’ in the practice of the Security Council 49 3.4 Conclusion: Conceptual distance between the Security Council’s exercise of authority and domestic actors 63 4. Distance in the Security Council’s Chapter VII measures 65 4.1 Introduction 65 4.2 Addressing individuals 66 4.3 Target specification 73 4.4 Direct implementation 82 4.5 Conclusion: Reduced distance in Chapter VII measures 91 5. Reception in international law: a general framework 93 5.1 Introduction 93 5.2 The powers accorded to the Security Council 94 5.3 Legal limits to the Security Council’s powers: Article 1(1) of the UN Charter 100 5.4 Limited judicial review by international courts 104 5.5 Conclusion 113 6. Reception in international law: specific Chapter VII measures 115 6.1 Introduction 115 6.2 Addressing individuals 116 6.3 Target specification 120 6.4 Direct implementation 138 6.5 Conclusion 152 7. Reception in domestic law 154 7.1 Introduction 154 7.2 Addressing individuals: Possibilities for direct applicability at the domestic level 155 7.3 Target specification: Contestations through domestic and regional courts 157 7.4 Direct implementation: Limited contestations through domestic and regional courts 167 7.5 Conclusion 173 8. International implications of the Security Council’s encounter with domestic actors 175 8.1 Introduction 175 8.2 Characterising the points of connection between the domestic and international levels 176 8.3 Normative and procedural development at the UN 181 8.4 Bosphorus for the UN 191 8.5 Conclusion 196 9. Conclusion 198 Annex I: National, EU and international cases regarding UN targeted sanctions 202 Annex II: The procedural development of the 1267 Sanctions Committee 232 Bibliography 240 Index 252 Présentation de l'éditeur : "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." 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.-- Provided by Publisher Chapter 1 Introduction chapter 2 The League of nation's and domestic actors chapter 3 Conceptual distance chapter 4 Distance in the Security Council's Chapter VII measures chapter 5 Reception in international law: a general framework chapter 6 Reception in international law: specific Chapter VII measures chapter 7 Reception in domestic law chapter 8 International implications of the Security Council's encounter with domestic actors chapter 9 Conclusion. This book analyses the regulatory development for the UN Security Council's exercise of authority with an original perspective of 'proximity'-- a concept that refers to the 'distance' between the UN Security Council's authority to maintain 'international' peace and security. Machiko Kanetake. Includes Bibliographical References And Index.