Mendeley
TY  _  JOUR
ID  -  13940922057265000706
TI  -  Necessity and Possibility of Judicial Supervision over Security Council’s Performance in UN Legal System
JO  -    International Organizations Quarterly
JA  -  ES
LA  -  fa
SN  -  6701 ـ 2345
AU  -  شریفی طرازکوهی حسین
AU  -  مدرس سبزواری ساسان 
AD  -  
AD  -  دانشگاه شهید بهشتی
Y1  -  
PY  -  
VL  -  4
IS  -  
SP  -  0
EP  -  0
KW  -  : judicial supervision
KW  -   Security Council
KW  -   International Court of Justice
KW  -   implied powers
KW  -   rule of law
KW  -   evolutionary interpretation of the UN Charter
DO  -  
N2  -  The issue of judicial supervision over the Security Council has two different, but interrelated aspects. First of all, the “necessity” of such supervision should be discussed. The present article assumes that the Security Council should be committed to the principles of international law, the goals of the United Nations, sovereign rights of member states, fundamental human rights guarantees, as well as the basic structure for the division of powers among various organs of the UN. Then it studies the Security Council’s procedure to show that this institution has been frequently found in violation of the aforesaid legal bounds. Security Council’s inattention to the limits of its powers can cast doubts on credibility of the entire UN system. It has been also shown that the “necessity” of judicial supervision can be proven on the basis of the requirements of the “rule of law.” Another aspect of this issue is the “possibility” of judicial supervision in view of the current state of international law. The present paper has shown that although the Charter of the United Nations has remained silent on this issue, it can be confirmed if final goals of this document are taken as basis for its interpretation.
UR  - rimag.ir/en/Article/37755
L1  - rimag.ir/en/Article/Download/37755
ER  -  
