International Organisations

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An Effective Remedy for Josef K: Canadian Judge ‘Defies’ Security Council Sanctions through Interpretation

Antonios Tzanakopoulos is a DPhil Candidate at St Anne's College, Oxford. In 2005, he was research assistant to Professor Giorgio Gaja, the International Law Commission's Special Rapporteur on the Responsibility of International Organizations. His Oxford thesis is on the responsibility of the United Nations for wrongful non-forcible measures by the Security Council. Many thanks are due to Dapo Akande, Gleider Hernández & Devika Hovell. The usual disclaimer applies. I. Introduction Municipal and regional courts are increasingly engaged by individuals and legal entities in questions relating to UN Security Council measures adopted under Article 41 of the Charter. Most prominent among these are the 'targeted sanctions' imposed by Security Council Resolutions (SCR) 1267 (1999) seq, which provide for asset freezes, travel bans and arms embargoes against persons listed by the Committee established pursuant to SCR 1267 (the 1267 Committee). Usually the relevant SCRs are attacked indirectly before the domestic court, the direct attack being on the domestic implementing measures. In the recent case…

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Africa and the International Criminal Court

This week African States Parties to the Rome Statute of the International Criminal Court will meet in Addis Ababa, Ethiopia to assess the work of the ICC in relation to Africa. The meeting is significant as all of the current situations and cases under investigation and being prosecuted by the ICC arise from the African continent. The meeting…

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Humanitarian intervention: neither right, nor responsibility, but necessity?

I'd like to offer a small "think piece" contribution to a bigger debate, in which I try and tease out a question that has troubled me: do we need a positive right of humanitarian intervention? What would happen if we conceded it was prima facie an unlawful use of force, but was legally (not just morally) justifiable or…

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Piracy off Somalia: a sketch of the legal framework

Dr Douglas Guilfoyle is a Lecturer in Law at University College London.  His research has focussed on the law of the sea and international and transanational criminal law. He is the author of ‘Piracy Off Somalia: UN Security Council Resolution 1816 and IMO Regional Counter-Piracy Efforts’ (2008) 57 International and Comparative Law Quarterly 690-699. His book Shipping Interdiction…

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Can UNSC Presidential Statements be Legally Binding?

The United States government now apparently thinks so. A couple of days ago the Security Council adopted a presidential statement condemning the recent missile launch by North Korea (press release here; text here). In response to reporters questioning why the Council was unable to adopt a formal resolution, and whether this meant that the…

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