Chapter

Responses to Threats

Alexander Orakhelashvili

in Collective Security

Published in print March 2011 | ISBN: 9780199579846
Published online May 2011 | e-ISBN: 9780191725302 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199579846.003.0006
Responses to Threats

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This chapter focuses on measures that collective security institutions take to address threats. Chapter 5 begins with addressing the Security Council's sanctions competence, including the constitutional requirements of necessity and proportionality which the Council has to observe. Most traditional measures of response are economic sanctions and arms and air embargoes, including the maritime interdiction element. The chapter examines the Council's relevant practice in multiple situations such as Iraq, Bosnia, Haiti, Somalia, Sudan, or DRC, and assesses the effectiveness of these measures and their humanitarian implications. The analysis then moves to so-called targeted sanctions against terrorist suspects and assesses both the evolution of the targeted sanctions regime from Resolution 1267(1999) onwards to date, and the reaction of national and international courts to this regime. The second major element of Chapter 5 is the authorization of the use of force by the Security Council and it covers the cases of Korea, Iraq, Afghanistan, Bosnia, Somalia, and Cote d'Ivoire. Legal limits on the Council's powers and the interpretation of its decisions underlies this analysis. The third major part of this chapter relates to the enforcement practice of regional organizations such as OAS, EU, as well as the relevant practice of NATO, OECS, AU, and ECOWAS.

Keywords: maritime interdiction; economic sanctions; targeted sanctions; air embargoes; proportionality; Security Council; terrorist suspects; Iraq

Chapter.  46821 words. 

Subjects: Public International Law

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