The United Nations Security Council has primary responsibility for maintaining international peace and security. In discharging its powers it must act in accordance with the Purposes and Principles of the UN, and observe the rules governing voting and procedure established in the Organisation’s Charter. The Council adopts mandatory resolutions that may establish obligations for members and non-members, and such obligations trump conflicting obligations originating from any other international agreement. Member States must cooperate with the Organisation and among themselves, in the implementation of any action prescribed by the Council against States whose behaviour the Council considers an act of aggression, or a threat to, or breach of, international peace and security.
This book analyses resistance to Security Council resolutions and puts forward a theory of lawful resistance. Sufyan Droubi takes a positivist approach to the UN Charter regarding it as a constitution. Special emphasis is placed on the construction of the Charter’s meaning through the practice of both organs and Members of the UN and on the need to enhance the effectiveness of the Organization with due respect to the rule of law. The book proposes that nonviolent resistance to a mandatory resolution of the Security Council, on grounds that the latter is incompatible with the Charter or jus cogens norms, may be considered lawful under the Charter if some elements are present.
In exploring a number of case studies of individual and collective State resistance to mandatory Council resolutions, the book proposes that resistance may function as a rudimentary instrument of accountability and protection of the Charter and jus cogens, in the absence of more mature mechanisms of judicial review. The book will be of excellent use and interest to scholars and students of constitutional international law and international relations.
Introduction 1. The Powers of the United Nations Security Council and Resistance to its Resolutions 2. UN Charter as a Constitution and the Notion of Constitutional Resistance 3. South African Resistance to the Demands that it Abandon Apartheid and Withdraw from Namibia 4. Iraq's Resistance to Economic Sanctions, with Focus on its Opposition to the Implementation of Humanitarian Exemptions 5. Bosnia and Herzegovina's Noncompliance with the Arms Embargo 6. Libya's Noncompliance with Determinations for the Surrender of Suspects and Payment of Compensation 7. Iran's Noncompliance with Demands that it Suspend Nuclear Activities and Comply with the Protocol Additional to the Safeguards Agreement 8. Targeted Sanctions on Individuals Suspected of Terrorism 9. Critique of Prevalent Theories 10. Resisting the UNSC Resolutions Conclusion
The series offers a space for new and emerging scholars of international law to publish original arguments, as well as presenting alternative perspectives from more established names in international legal research. Works cover both the theory and practice of international law, presenting innovative analyses of the nature and state of international law itself as well as more specific studies within particular disciplines. The series will explore topics such as the changes to the international legal order, the processes of law-making and law-enforcement, as well as the range of actors in public international law. The books will take a variety of different methodological approaches to the subject including interdisciplinary, critical legal studies, feminist, and Third World approaches, as well as the sociology of international law. Looking at the past, present and future of international law the series reflects the current vitality and diversity of international legal scholarship.