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wanted to override human rights protection, such specific human right provisions were included in the different instruments. 28 But does this mean that such clauses must also be implemented by States in their domestic legislation? Even though nothing in the language of the relevant provisions of the

In: European Journal of Crime, Criminal Law and Criminal Justice
The reactivation of the Security Council at the beginning of the last decade has resulted, since the invasion of Kuwait by Iraq on August 2, l990, in increasing use of its powers under Chapter VII of the Charter and the adoption of measures against a number of state and non-state entities. The notion of a threat to the peace has now come to encompass violations of fundamental norms of international law such as human rights and humanitarian law, and the wide-ranging measures adopted have included such innovations as the establishment of the UN Compensation Commission or that of the two international criminal tribunals for Former Yugoslavia and Rwanda.
These measures have not only infringed on the legal rights of the targeted state (sometimes with irreversible effects where they have remained in force over a long period of time) and its population, but also on those of implementing states and of private rights within these states.
The current debate over the legitimacy and long-term effects of economic sanctions on states and their populations makes it imperative to re-evaluate this instrument and the broader peace maintenance function of the Security Council in the light of current community concerns. Part One of this book addresses the theoretical issues by focussing on: 1) The place of sanctions in the international legal system; 2) the limits to the powers of the Security Council and the question of accountability; and 3) an assessment of the alternatives to collective economic sanctions. Part Two looks at the relationship between sanctions and humanitarian issues, examining the relationship between: 1) Sanctions and human rights law; 2) sanctions, humanitarian issues and mandates; and 3) sanctions and humanitarian law. Part Three focuses on implementation by states of Security Council sanctions resolutions by examining: 1) Sanctions and private rights; and 2) special problems for implementing states. Part Four addresses the future in reassessing the place and ethics of sanctions in an international legal system which is giving increased importance to the individual.
This work is based on papers presented at a colloquium of the Graduate Institute of International Studies in Geneva.
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Abstract

This chapter focuses on preparedness obligations as specifically applicable to serious industrial accidents involving CBRN substances, including nuclear accidents. After a short introduction of the topic, the second paragraph features a review of preparedness obligations specifically related to CBRN industrial accidents contained in international treaties, regional instruments and bilateral agreements. The chapter proceeds by analysing the role of soft law instruments concerning industrial accidents preparedness: alongside binding obligations, international organisations are, indeed, shaping the measures implemented by States by means of technical recommendations, safety standards, and programs of cooperation. The last paragraph of the chapter attempts to assess current developments in the implementation of preparedness measures for industrial accidents and to reflect on potential improvements.

Open Access
In: International Law and Chemical, Biological, Radio-Nuclear (CBRN) Events

Abstract

A serious lacuna in international relations is the absence of a possibility for individuals to challenge decisions of international organizations. However, the right to legal remedy is a fundamental human right, and it is generally recognized that human rights bind international organizations. Thus, the question is raised as to what reforms the Security Council procedure requires in light of targeted sanctions, i.e. the placing of individuals on a list of measures to be implemented by states or the EU/ec. The author argues that there should be due process standards for listing decisions themselves as well as an effective remedy against such decisions. The inspection panels installed by the World Bank are presented as an example that meets such standards and could inspire a review procedure for Security Council actions affecting individuals by targeted actions. Finally, it is contended that, despite the possible critique, it is not only a matter of expediency but a legal duty to render UN listing and de-listing procedures consistent with due process requirements.

In: Legal Restraints on the Use of Military Force
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10. RESOLUTION ADOPTED BY THE EXTRAORDINARY ASSEMBLY A17-10 1970* IMPLEMENTATION BY STATES OF SECURITY SPECIFICATIONS AND PRACTICES ADOPTED BY THIS ASSEMBLY AND FURTHER WORK BY ICAO RELATED TO SUCH SPECIFICATIONS AND PRACTICES WHEREAS acts of unlawful interference against civil aviation operations

In: International Terrorism: Political and Legal Documents

Convention on the Elimination of All Forms of Discrimi nation against Women, adopted by the United Nations General Assembly in 1979 CEDAW Committee The Committee established under the CEDAW to monitor its implementation by States CESCR International Covenant on Economic, Social and Cultural Rights, adopted

In: A Commentary on the United Nations Convention on the Rights of the Child, Article 27: The Right to an Adequate Standard of Living
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Unlawfully Seized Aircraft , their Crews, Passengers and Cargoes 1970. Cite as 91.L.M . 1277. 1970. 9. Resolution Adopted by the Extraordinary Assembly. A17-9, Good Offices of ICAO 1970. Cite as 91.L.M. 1277. 1970. 10. Resolution Adopted by the Extraordinary Assembl y, A17-IO, Implementation by States of

In: International Terrorism: Political and Legal Documents

of law by the Security Council would necessarily result in greater compliance and fuller implementation by States. After all, some States may be unable to implement sanctions because of lack of capacity and resources. Other States may be unwilling to implement sanctions because it suits their

In: The Australian Year Book of International Law Online

providing examples of the voluntary implementation by States of investment awards rendered against them. In such cases, it would have been helpful to provide information with respect to changes in a State’s domestic regulations to conform to the bit based on the violation, highlighted by the award or the

In: The Law & Practice of International Courts and Tribunals

‘safe third country’ concept. Hurwitz’s volume, The Collective Responsibility of States to Protect Refugees , charters the development of the notion and its implementation by States, with the purpose of assessing its validity under public international law. Her fundamental claim is that safe third

In: European Journal of Migration and Law