The International Court of Justice and its Powers to Judicial Review of the United Nations Security Council Resolutions

Result code in IS VaVaI

<a href="https://www.isvavai.cz/riv?ss=detail&h=RIV%2F68378122%3A_____%2F22%3A00564792" target="_blank" >RIV/68378122:_____/22:00564792 - isvavai.cz</a>

Result on the web

<a href="https://tlq.ilaw.cas.cz/index.php/tlq/article/viewFile/530/531" target="_blank" >https://tlq.ilaw.cas.cz/index.php/tlq/article/viewFile/530/531</a>

DOI - Digital Object Identifier

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Result language

angličtina

Original language name

The International Court of Justice and its Powers to Judicial Review of the United Nations Security Council Resolutions

Original language description

The UNSC has under Chapter VII of the UN Charter broad powers to maintain international peace and security. The “primary responsibility” of the UNSC for this “maintenance” was expresiss verbiss embodied in the UN Charter (Art. 24). The only explicit limitation on the UNSC powers is in Art. 24(2), which states that the UNSC shall act in accordance with the purposes and principles of the United Nations. There is often raised a legitime question of judicial review of the Council’s decisions. Frankly to say this possibility was rejected already during negotations on the UN Charter. This study is dealing with contentions jurisdiction of the ICJ and its advisory opinions as well. The UNSC cannot act contrary to jus cogens. But the UN Charter does not explicitly authorize the ICJ to review the legality or validity of acts of the UNSC and other bodies of the UN. There is opinion that UNSC resolutions which are ultra vires or violate jus cogens norms are void and not legally binding. However, another opinion insists that the UNSC sole bears responsibility for determination of legality of its own acts.The members of the UN agree to acceps and carry out the decisions of the UNSC in “accordance with the present Charter”. This brief study endeavours to discuss the question of judicial control of acts adopted by the UNSC. The issue of judicial review has received extensive scale of discussion in the last years. But there are problems with the scope and implementation of judicial review.

Czech name

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Czech description

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Type

J_SC - Article in a specialist periodical, which is included in the SCOPUS database

CEP classification

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OECD FORD branch

50501 - Law

Project

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Continuities

I - Institucionalni podpora na dlouhodoby koncepcni rozvoj vyzkumne organizace

Publication year

2022

Confidentiality

S - Úplné a pravdivé údaje o projektu nepodléhají ochraně podle zvláštních právních předpisů

Name of the periodical

The Lawyer Quarterly

ISSN

1805-8396

e-ISSN

1805-840X

Volume of the periodical

12

Issue of the periodical within the volume

4

Country of publishing house

CZ - CZECH REPUBLIC

Number of pages

15

Pages from-to

393-407

UT code for WoS article

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EID of the result in the Scopus database

2-s2.0-85143241738