The International Court of Justice and the Security Council
Is there Room for Judicial Control of Decisions of the Political Organs of the United Nations
Bibliographic Data
| ID | 9930401 |
|---|---|
| Authors | Adebowale Akande (0000-0002-6521-3272, corresponding author), Dapo Akande |
| Year | 1997 |
| Volume | 46 |
| Issue | 2 |
| Pages | 309-343 |
| Publication date | 1997-04-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International and Comparative Law Quarterly (JOURNAL) |
| Journal identifiers | ISSN: 0020-5893 • E-ISSN: 1471-6895 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0020589300060450 |
| OpenAlex | W2097739655 |
| Language | EN |
| Citations received | 9 |
| References cited | 28 |
The end of the Cold War and the emergence of a one-superpower world have brought about what one may call the resurrection of the Security Council and a reactivation of Chapter VII of the Charter of the United Nations. Powers of a coercive nature vested by the Charter in the Security Council which for decades seemed like a dead letter have been rediscovered since the Iraqi invasion of Kuwait. The Security Council, which until then had been deadlocked through the threat or use of the veto, has now come alive. Up to the Iraqi invasion of Kuwait in August 1990 the Security Council had passed 659 resolutions in its 45 years of existence. In the six years since then it has passed over 400 resolutions. What is more important, however, is that mandatory sanctions, which until 1990 had been ordered only twice—the comprehensive sanctions on Rhodesia and arms embargo on South Africa—have since been used by the Security Council in relation to at least eleven countries. This new and increased activity of the Security Council has provoked debate in recent years as to whether the Council is subject to any limitations when it is acting to maintain or restore international peace and security. The problem has shifted from one of trying to get the Council to work as it was intended, to one of trying to control the work of the Council. In particular there has been renewed interest in the question whether there is any room for judicial control, by the International Court of Justice, of decisions made by the political organs of the United Nations
Charter · Collective security · General assembly · International relations · Political science · Politics · Sanctions · Security council · Security studies · Superpower · United Nations Charter · Veto · Global Peace and Security Dynamics · International Law and Human Rights · Law · Public Administration · World Trade Organization Law
Judicial Review in New Democracies
International organisations and anti-terrorist sanctions
Tears of the Olive Trees
Humanitarianism and the Quest for Smarter Sanctions
Contested Collisions’
The parliament of the world? Reflections on the proposal to establish a United Nations Parliamentary Assembly
The Permanence of Inconsistency
Developing Human Rights and Humanitarian Law Accountability of the Security Council for the Imposition of Economic Sanctions
The Separation of Powers in the Wto
The Power of Legitimacy Among Nations
Aspects of the Case concerning United States Diplomatic and Consular Staff in Tehran
The General Assembly's Request for an Advisory Opinion From the International Court of Justice on the Legality of the Threat or Use of Nuclear Weapons
The Law of the United Nations
The Relationship between the International Court of Justice and the Security Council in the Light of the Lockerbie Case
Hopes and Loopholes in the 1974 Definition of Aggression
The Constitutional Crisis in the United Nations
The ILC Adopts a Statute for an International Criminal Court
The “Powers of Appreciation”
Judging the Security Council
Constitutional Adjudication in Japan
Colonialism and Development in the Contemporary World
| Unique citing works | 9 |
|---|---|
| Citations per year | 0.36 |
| Citation span | 2001 - 2022 (22) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 9 |