Chapter

Implementation through Self-Enforcement

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/9780199600762.003.0007

Series: Oxford Monographs in International Law

Implementation through Self-Enforcement

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This chapter examines how the responsibility of the UN for wrongful Security Council sanctions can be implemented. The normal way of implementation of responsibility in a decentralized legal system is through countermeasures, i.e., through self-help. The chapter accepts that disobedience is the ultimum refugium of States when these are faced with what they consider wrongful Council sanctions. But it seeks to qualify legally this disobedience. It discusses whether it constitutes civil disobedience, whether it is allowed under Article 25 UN Charter, which — it is argued — obligates States to comply with valid, intra vires acts of the Council, or whether it constitutes an illegal acts that is justifiable as a countermeasure. It concludes that it is the latter, not less so because acts of the Council are always valid, even if they are illegal, for lack of an instance to determine their invalidity.

Keywords: implementation of responsibility; self-help; self-enforcement; disobedience; civil disobedience; ultimum refugium; validity of acts; legality of acts; Article 25; countermeasures

Chapter.  28867 words. 

Subjects: Public International Law

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