The Continuing Contributions of Ronald St. J. Macdonald to UN Charter and Peace and Security Issues

2003 ◽  
Vol 40 ◽  
pp. 265-285
Author(s):  
John H. Currie
Keyword(s):  
Security Council ◽  
Judicial Interpretation ◽  
International Court Of Justice ◽  
Security Issues ◽  
Court Of Justice ◽  
International Court ◽  
Un Security Council ◽  
Peace And Security ◽  
The Relationship

SummaryIn this article, the author focuses in particular on Macdonald’s writings on the relationship between the International Court of Justice and the UN Security Council. After considering the continuing uncertainties in that relationship, the author argues that the emerging practice of “evolving reinterpretation” of Security Council Chapter VII resolutions suggests yet another important role for the court — that of guardian of Security Council authority through authoritative, judicial interpretation of purported Security Council authorizations to use force.

12. The peaceful settlement of disputes

2017 ◽  
Author(s):  
Anders Henriksen
Keyword(s):  
Security Council ◽  
Dispute Settlement ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
Un Security Council ◽  
Settlement Of Disputes ◽  
Advisory Opinions ◽  
The Relationship

This chapter discusses some of the more relevant methods for peaceful dispute settlement. It begins by introducing a number of non-adjudicatory settlement mechanisms and providing a brief overview of the role played by the UN. It then discusses the adjudicatory means of settling disputes, including international arbitration; the competences and powers of the International Court of Justice; issues of access to the Court and the Court's jurisdiction in contentious cases; the power of the Court to issue provisional measures; the effects of the Court's decisions; the relationship between the Court and the UN Security Council; and the Court's competence to issue advisory opinions.

12. The peaceful settlement of disputes

2019 ◽  
pp. 235-253
Author(s):  
Anders Henriksen
Keyword(s):  
Security Council ◽  
Dispute Settlement ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
Un Security Council ◽  
Settlement Of Disputes ◽  
Advisory Opinions ◽  
The Relationship

This chapter discusses some of the more relevant methods for peaceful dispute settlement. It begins by introducing a number of non-adjudicatory settlement mechanisms and providing a brief overview of the role played by the UN. It then discusses the adjudicatory means of settling disputes, including international arbitration; the competences and powers of the International Court of Justice; issues of access to the Court and the Court’s jurisdiction in contentious cases; the power of the Court to issue provisional measures; the effects of the Court’s decisions; the relationship between the Court and the UN Security Council; and the Court’s competence to issue advisory opinions.

12. The peaceful settlement of disputes

2021 ◽  
pp. 232-250
Author(s):  
Anders Henriksen
Keyword(s):  
Security Council ◽  
Dispute Settlement ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
Peaceful Settlement ◽  
International Court ◽  
Un Security Council ◽  
Settlement Of Disputes ◽  
Advisory Opinions ◽  
The Relationship

This chapter discusses some of the more relevant methods for peaceful dispute settlement. It begins by introducing a number of non-adjudicatory settlement mechanisms and providing a brief overview of the role played by the UN. It then discusses the adjudicatory means of settling disputes, including international arbitration; the competences and powers of the International Court of Justice; issues of access to the Court and the Court’s jurisdiction in contentious cases; the power of the Court to issue provisional measures; the effects of the Court’s decisions; the relationship between the Court and the UN Security Council; and the Court’s competence to issue advisory opinions.

scholarly journals He Got It Almost Right

AJIL Unbound ◽  
2014 ◽  
Vol 108 ◽  
pp. 116-117
Author(s):  
Frederic L. Kirgis
Keyword(s):  
Security Council ◽  
General Assembly ◽  
Advisory Opinion ◽  
International Peace ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Peace And Security ◽  
The Icj

Larry Johnson’s answer to his own question is a qualified “no.” Surely he is correct when he says that the General Assembly does not need the Uniting for Peace resolution in order to consider a matter that is on the UN Security Council’s agenda. The International Court of Justice made that clear in its Advisory Opinion on the Construction of a Wall. It is only when the Security Council is actively pursuing the matter that UN Charter Article 12(1) requires the General Assembly to defer to the Council.Johnson is also correct when he says that Uniting for Peace does not serve to enhance the authority that the UN Charter itself supplies to the Assembly to adopt non-binding resolutions intended to keep or restore peace. The ICJ also made that clear in its Advisory Opinion on the Construction of a Wall. Without relying on the Uniting for Peace resolution, the ICJ in paragraphs 27 and 28 of its Opinion approved the practice of the General Assembly to deal with matters concerning maintenance of international peace and security. The Court turned to the Uniting for Peace resolution only in the ensuing paragraphs of its Opinion, dealing with procedural matters related to the Assembly’s request for an Advisory Opinion.

The Inaugural Manfred Lachs Memorial Lecture

1995 ◽  
Vol 8 (1) ◽  
pp. 41-52
Author(s):  
Edward McWhinney
Keyword(s):  
Security Council ◽  
Memorial Lecture ◽  
General Assembly ◽  
Second Phase ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
South West ◽  
International Court ◽  
Un Security Council ◽  
South West Africa

In this, the inaugural Manfred Lachs Memorial Lecture given at the seat of the International Court of Justice, we celebrate the judicial life and learning, and also the judicial wisdom of the longest-serving judge of the Court and its sometime President, who died on January 14th, 1993. Manfred Lachs came to the Court in February, 1967, having been elected in October, 1966, in the first elections following the Court's politically and, in some elements at least (judicial recusation, as example)legally controversial decision in South West Africa, Second Phase1 which had been rendered only two months before the UN Security Council and General Assembly regular triennial balloting on renewal or replacement of one third of the Court's membership.

Military Sanctions Enforcement in the Absence of Express Authorization?

2016 ◽  
Author(s):  
Penelope Nevill
Keyword(s):  
Law Enforcement ◽  
United Nations ◽  
Security Council ◽  
Use Of Force ◽  
Law Of The Sea ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Un Security Council ◽  
The United Nations

This chapter examines the use of force to enforce sanctions in the absence of express authorization by the UN Security Council. After reviewing the history and background to enforcement of sanctions which primarily takes place at sea, the chapter addresses the question of what amounts to a use of force in this context, paying particular attention to whether sanctions enforcement is ‘law enforcement’ or a use of force in the sense of Article 2(4) of the UN Charter by examining the jurisprudence of the International Court of Justice and under the United Nations Law of the Sea Convention concerning forcible measures used or threatened by state authorities against vessels or oil rigs and platforms. The chapter concludes by assessing the legal bases for the use of force to enforce sanctions, including those imposed by the United Nations.

The Charter Travaux Préparatoires and United Nations Powers to Use Armed Force

1966 ◽  
Vol 4 ◽  
pp. 81-101
Author(s):  
C. F. Amerasinghe
Keyword(s):  
United Nations ◽  
Security Council ◽  
Armed Forces ◽  
General Assembly ◽  
Advisory Opinion ◽  
International Peace ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
Peace And Security

The powers of the General Assembly and Security Council of the United Nations to take collective measures for the maintenance of international peace and security, particularly to maintain armed forces for that purpose, and the power of the General Assembly to finance these activities were much discussed during the recent crisis in the Organization when certain members refused to contribute to the support of the UNEF and Congo Operation. Various aspects of the matter have been discussed by writers; they have also been dealt with by the International Court of Justice in its Advisory Opinion of June 1962 where it held that the UNEF and Congo Operation undertaken by the General Assembly and Security Council were intra vires the powers of these organs and that the expenses incurred by the Organization in the execution of those ventures were “expenses of the Organization” for the purposes of Article 17 (2) of the Charter. The Court and some of the judges who gave separate opinions further made a definite contribution to the interpretation of certain aspects of the Charter in the course of arriving at these conclusions.

The Relationship between the International Court of Justice and the Security Council in the Light of the Lockerbie Case

1994 ◽  
Vol 88 (4) ◽  
pp. 643-677 ◽  
Author(s):  
Vera Gowlland-Debbas
Keyword(s):  
United Nations ◽  
International Law ◽  
Security Council ◽  
International Court Of Justice ◽  
Court Of Justice ◽  
International Court ◽  
The United Nations ◽  
United Nations Charter ◽  
The Relationship ◽  
The Way

The relationship between the International Court of Justice and the Security Council may be approached from the perspective of the United Nations Charter and the way it delimits competences between two principal UN organs and regulates the exercise of their concurrent powers. The Court, however, has a dual, ambivalent role. It is not only the principal judicial organ of the United Nations under Article 92 of the Charter; it is also an autonomous adjudicative body with the function, under Article 38 of its Statute, of applying international law to such disputes between states as are brought before it. Viewed in the light of Questions of Interpretation and Application of the 1971 Montreal Convention Arising from the Aerial Incident at Lockerbie, the relationship between the judicial and political organs raises some fundamental questions of general international law that go beyond UN constitutional issues.

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