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Gowlland-Debbas, Vera

Gowlland-Debbas, Vera

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Edited by Vera Gowlland-Debbas

This work is a comparative study of domestic implementation of Security Council mandatory sanctions taken under Article 41, Chapter VII of the UN Charter, including the establishment of the two international criminal tribunals, the ICTY and ICTR, and recent resolutions on the combating of the financing of terrorism. The book examines implementation in 16 select States in Europe, America, Asia, the Middle East and Africa, underlining also the particular problems arising from sanctions implementation by the European Union, by a permanently neutral and former non-Member State – Switzerland - and by States confronted with special economic problems within the meaning of Article 50 of the UN Charter.

Three interrelated themes are addressed. The first, of a theoretical nature, concerns the question of whether implementation of Security Council resolutions, particularly where perceived to be in fulfilment of community objectives, poses problems which are in some way distinct from those raised by the implementation of other conventional international law obligations, thereby shedding a different light on the traditional relationship between international and municipal law. The second concerns the effectiveness of the decisions of the Security Council viewed from the perspective of the effective mise en œuvre of these decisions in national law. The third theme concerns the legitimacy of Security Council resolutions as seen from the viewpoint of domestic legal systems, that is the extent to which Security Council decisions encroach on internationally or constitutionally protected individual rights and the potential role played by domestic courts in reviewing the decisions of the Security Council. The latter has assumed particular importance in the framework of the combating of the financing of terrorism.

This work, which brings together the research results of 29 academics and experts, is the second publication within the framework of a project on Security Council sanctions carried out under the auspices of the Graduate Institute of International Studies. The first, which looked at a broad set of issues, was entitled United Nations Sanctions and International Law and was published by Kluwer Law International in 2001.
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Edited by Vera Gowlland-Debbas

The contributions collected in the present book go beyond refugee law in its traditional sense - largely centred on questions of durable asylum and the plight of only a small tranche of the asylum-seeking population - in situating refugee law within the broader international legal system. The refugee problem is thus seen as a prism through which a host of exploding issues confront traditional international law and international relations: creation and dissolution of states, state responsibility, human rights, international jurisdiction and the United Nations mandate. These theoretical problems and their legal incidence on the refugee condition are debated against the background of UNHCR field operations in Former Yugoslavia, Africa and Eastern Europe. The contributions were originally presented at a Colloquium held in May 1994, organised by the Graduate Institute of International Studies in collaboration with the Office of the United Nations High Commissioner for Refugees. Refugee law experts, members of the UN International Law Commission and practitioners were brought together in a dialogue between scholars and practitioners on a major and exponentially growing international problem.