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9789004140905

National Implementation Of United Nations Sanctions A Comparative Study

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  • ISBN-13: 9789004140905
  • ISBN: 9004140905
  • Publication Date: 2004
  • Publisher: BRILL

AUTHOR

Gowlland-Debbas, Vera, Tehindrazanarivelo, Djacoba Liva

SUMMARY

This work is a comparative study of domestic implementation of Security Council mandatory sanctions taken under Article 41, Chapter VII of the UN Charter, including the establishment of the two international criminal tribunals, the ICTY and ICTR, and recent resolutions on the combating of the financing of terrorism. The book examines implementation in 16 select States in Europe, America, Asia, the Middle East and Africa, underlining also the particular problems arising from sanctions implementation by the European Union, by a permanently neutral and former non-Member State Switzerland - and by States confronted with special economic problems within the meaning of Article 50 of the UN Charter. Three interrelated themes are addressed. The first, of a theoretical nature, concerns the question of whether implementation ofSecurity Council resolutions, particularly where perceived to be in fulfilment of community objectives, poses problems which are in some way distinct from those raised by the implementation of other conventional international law obligations, thereby shedding a different light on the traditional relationship between international and municipal law. The second concerns the effectiveness of the decisions of the Security Council viewed from the perspective of the effective mise en uvre of these decisions in national law. The third theme concerns the legitimacy of Security Council resolutions as seen from the viewpoint of domestic legal systems, that is the extent to which Security Council decisions encroach on internationally or constitutionally protected individual rights and the potential role played by domestic courts in reviewing the decisions of the Security Council.The latter has assumed particular importance in the framework of the combating of the fGowlland-Debbas, Vera is the author of 'National Implementation Of United Nations Sanctions A Comparative Study', published 2004 under ISBN 9789004140905 and ISBN 9004140905.

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