Search results for "UN Security Council"

showing 4 items of 4 documents

The European Courts and the Security Council: Between "Dédoublement Fonctionnel" and Balancing of Values

2009

The recent case law of various international tribunals facing questions related to UN Security Council resolutions shows the clear tendency to grant primacy to the UN legal order. This trend, far from being well founded on formal arguments, appears to be a tribute to a legal order perceived as superior, and, at the same time, is revealing of the ‘value oriented’ approach followed by the courts. Such an approach can be categorized from a theoretical perspective in the light of Scelle's theory of relations between legal orders, whereby the courts implement in their respective legal orders values stemming from the UN legal order. Various critical remarks can be advanced in relation to this att…

Balance (metaphysics)Security interestValue (ethics)Human rightsmedia_common.quotation_subjectCommon lawAppealrelations between legal orders primacy of UN legal order balancing of values human rights security interestDédoublement fonctionnelBalancing of ValuesOrder (exchange)LawPolitical Science and International Relationsprimacy of the UN legal order European Court of human Rights European Court of Justice Kadi case Behrami and Saramati case balancing of interests security interest v. human rightsEuropean Court of JusticeSociologyRelation (history of concept)European Court of Human RightsLawSettore IUS/14 - DIRITTO DELL'UNIONE EUROPEAUN Security Councilmedia_commonSettore IUS/13 - DIRITTO INTERNAZIONALE
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Capitolo VIII della Carta dell’ONU e modelli di azione militare regionale

2019

This contribution deals with relations between regional organizations and the UN Security Council under Chapter VIII of the UN Charter. In this respect, the most recent trends are a shift from subsidiarity to a more equal partnership between these two subjects. The two models of action by delegation or authorization of the Security Council are in fact autonomous. This is demonstrated by the preparatory works of the UN Charter and subsequent practice. The model of authorized regional action enriches the range of instruments that the United Nations Charter provides for the maintenance of peace and collective security.

Chapter VIII of the UN Charter regional organizations use of force collective self-defense UN Security CouncilSettore IUS/13 - Diritto InternazionaleComputingMilieux_MISCELLANEOUS[SHS]Humanities and Social Sciences
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NEITHER AUTHORIZED NOR PROHIBITED? SECESSION AND INTERNATIONAL LAW AFTER KOSOVO, SOUTH OSSETIA AND ABKHAZIA

2008

The flexibility mechanisms introduced by the Kyoto Protocol on climate change promote the realization of climate change related investment projects which aim to contribute both to the fight against climate change as well as to foster sustainable development patterns in host countries. At first glance, the flexibility mechanisms seem to represent paradigmatic examples of green economy instruments which have numerous potential benefits. However, the implementation of such mechanisms may give rise to some negative environmental externalities which have the consequence of creating a new type of investment versus environment conflict, characterized by a new form of conflict with an internal envi…

Sustainable developmentPolitical economy of climate changeGlobal warmingIUS/13 - DIRITTO INTERNAZIONALEInvestment (macroeconomics)Green economyGeographyuse of forceright to self-determinationSustainabilitySustainability and systemic change resistanceKyoto ProtocolSettore IUS/13 - Diritto InternazionaleEconomic systemEnvironmental planningUN Security CouncilsecessionThe Italian Yearbook of International Law Online
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I diritti umani come tema conflittuale nel Consiglio di Sicurezza delle Nazioni Unite

2019

With the end of the Cold War and the expansion of the international liberal order, human rights have entered the UN Security Council agenda. However, this has become a divisive issue. In a context of greater influence of the US and its Western allies over the decision-making process of the most important multilateral institutions, the UN above all, the interpretation allowing intrusive practices by the Security Council promoted by the Western permanent members has clashed with the defense of sovereignty promoted by Russia and China. Analyzing divisive resolutions with reference to human rights in the period 2001-2017 (Lebanon, Myanmar, Zimbabwe, Libya and Syria) and the only thematic meetin…

human righthumanitarian interventionssovereigntyinternational liberal orderSettore SPS/04 - Scienza PoliticaUN Security Council
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