Determination by States

Antonios Tzanakopoulos

in Disobeying the Security Council

Published in print January 2011 | ISBN: 9780199600762
Published online May 2011 | e-ISBN: 9780191725210 | DOI:

Series: Oxford Monographs in International Law

Determination by States

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This chapter argues that the conclusion reached in Chapter 4, that there is no court that can authoritatively determine UN responsibility for Council action or that can judicially review Council acts, is not surprising in international law. In a decentralized legal system, determination of responsibility takes place extra-judicially, by the subjects of the legal system themselves — in this case by States. States, acting as judices in causae suae, determine that the responsibility of the UN has been engaged themselves, and at their own risk. This determination, which is not precluded by the UN Charter, but only made more difficult by the existence of a presumption of legality of UN acts, may take place either through the action of executive (political) organs of the State, or through domestic courts.

Keywords: decentralized legal system; extra-judicial determination; determination of responsibility; auto-determination; auto-interpretation; judex in causa sua; presumption of legality; political determination; judicial determination; domestic courts

Chapter.  15648 words. 

Subjects: Public International Law

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