The Countermeasure of Disobedience: Implementing the Responsibility of International Organisations
THE RESPONSIBILITY OF INTERNATIONAL ORGANIZATIONS: ESSAYS IN MEMORY OF SIR IAN BROWNLIE, pp. 161-172, Maurizio Ragazzi, ed., Martinus Nijhoff Publishers, 2013
19 Pages Posted: 4 Mar 2013 Last revised: 18 Jul 2013
Date Written: January 19, 2013
This short study in memory of Sir Ian Brownlie QC discusses the countermeasure of disobedience as a means of implementation of the responsibility of international organisations. Focusing on Security Council sanctions under Chapter VII of the Charter, it argues that actions of the Security Council may be illegal and thus engage the responsibility of the UN. It then argues that disobedience of such sanctions on the part of States may qualify as a countermeasure against the Organisation. This legal characterisation of disobedience has significant advantages over the 'invalidity theory' in that it subjects decentralised reaction to a specific legal framework.
Keywords: sanctions, countermeasures, international responsibility, security council, Chapter VII, Kadi, Nada
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