Chapter

Judicial Determination

Antonios Tzanakopoulos

in Disobeying the Security Council

Published in print January 2011 | ISBN: 9780199600762
Published online May 2011 | e-ISBN: 9780191725210 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199600762.003.0004

Series: Oxford Monographs in International Law

Judicial Determination

Show Summary Details

Preview

Even if one may theoretically argue that Security Council action has engaged UN international responsibility, the question remains as to who is competent to determine that the UN has become responsible. This chapter surveys the possibility there exists any court or tribunal, including the ICJ and domestic or supranational courts, that can either make such a judicial determination or that can ‘judicially review’ the acts of the Council. It argues that no court may authoritatively determine UN responsibility in this case with binding force. It further defines the notion of ‘judicial review’ as internal, hierarchical, binding, and systematic control of normative acts, and concludes that there can be no judicial review of Security Council action by any court.

Keywords: judicial determination; authoritative determination; judicial review; competence; international court; tribunal; domestic courts; national courts; binding force; internal review

Chapter.  15689 words. 

Subjects: Public International Law

Full text: subscription required

How to subscribe Recommend to my Librarian

Buy this work at Oxford University Press »

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.