International Law and the Quest for Its' Implementation: Le - download pdf or read online

By Marcelo Kohen

ISBN-10: 9004177140

ISBN-13: 9789004177147

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Extra info for International Law and the Quest for Its' Implementation: Le Droit International Et La Quete De Sa Ise En Oeuvre

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37 it has become to world public order at large. 19 In other words, I consider that Resolution 1373, and later Resolution 1540, are specifically addressed to the crisis that broke out with the September 11 attacks, rather than being general legislation; a particular crisis, in spite of its global scope, which is still with us. And if we pursue the analogy with an internal declaration of a state of emergency where the Executive is usually given exceptional powers such as ruling by decree, we note that these powers are limited in time, beyond which limit they have to be submitted to parliament for ratification, or lapse.

Nor does such a legislative power fit in the general architecture of the Charter and the place of Chapter VII in it. B. Chapter VII: Facing International Public Emergencies with Exceptional but Carefully Circumscribed Powers Chapter VII provides for the UN response to exceptional circumstances or events threatening the international public order; similar to “public emergencies” on the national level which, once proclaimed, usually confer on the Executive exorbitant powers, to face up to these emergencies.

Can it go as far as “codifying” threats to peace? It may be recalled that in the wake of the first Gulf War and the euphoria of what George Bush the father called “the first war for international law”, a first Security Council Summit Meeting was convened on 31 January 1992. At the end of this meeting, John Major (for the UK) read a Presidential Statement entitled “The Responsibility of the Security Council in the Maintenance of International Peace and Security”; declaring that the Council would adopt henceforth an extensive interpretation of “threats to peace” to cover what he called “systemic threats” such as environmental upheavals or massive flows of refugees.

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International Law and the Quest for Its' Implementation: Le Droit International Et La Quete De Sa Ise En Oeuvre by Marcelo Kohen


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