Abstract
This article assesses whether the United Nations Security Council must respect human rights under international law when acting under Chapter VII of the United Nations Charter. It argues that the Security Council has to respect human rights enshrined in those human rights treaties drawn up under the United Nations’ auspices and in non-peremptory customary international law, when this is not incompatible with the Security Council’s objective of maintaining or restoring international peace and security. The analysis also argues however that the Security Council must comply with peremptory international human rights, with no exception. The paper concludes that Chapter VII action by the Security Council is limited only to a small extent by international human rights standards.
About the author
Lecturer in Law at the University of Aberdeen Law School, UK.
© 2017 by Walter de Gruyter Berlin/Boston
Artikel in diesem Heft
- Inhalt
- Articles, Notes & Essays
- The WTO’s Impact on China: A Battle of Administrative Review Settings between Internal and External Regulatory Frameworks
- The United Nations Security Council Sanctions and International Human Rights
- The Italian Constitutional Court Case Law on Competition Law and Free Trade within the Framework of the European Union Legal System
- Constitutional Developments in Austria
- No Infringement of Personality Rights during Hearing before the Hypo Committee of Inquiry
- Constitutional Developments in CEE
- Hungarian Constitutional Court: Transparency and Business Activities of the State
Artikel in diesem Heft
- Inhalt
- Articles, Notes & Essays
- The WTO’s Impact on China: A Battle of Administrative Review Settings between Internal and External Regulatory Frameworks
- The United Nations Security Council Sanctions and International Human Rights
- The Italian Constitutional Court Case Law on Competition Law and Free Trade within the Framework of the European Union Legal System
- Constitutional Developments in Austria
- No Infringement of Personality Rights during Hearing before the Hypo Committee of Inquiry
- Constitutional Developments in CEE
- Hungarian Constitutional Court: Transparency and Business Activities of the State