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The Relationship between Third-party Countermeasures and the Security Council’s Chapter vii Powers: Enforcing Obligations erga omnes in International Law

Bills, Amanda LU (2020) In Nordic Journal of International Law 89(1). p.117-141
Abstract
The article examines the relationship between third-party countermeasures and the Security Council’s powers to adopt measures under Chapter vii of the United Nations Charter in response to breaches of obligations erga omnes. It is shown that the resort to third-party countermeasures is neither precluded nor subject to limitations as a result of the relationship to the Security Council’s Chapter vii powers, even when both types of measures are adopted concurrently. Moreover, the fears that third-party countermeasures would interfere with or undermine the effective application of Security Council measures do not appear to have materialised in practice.
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author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Public international law, Sanctions, Obligations erga omnes, State responsibility law, Third-party countermeasures, Folkrätt, Internationell rätt
in
Nordic Journal of International Law
volume
89
issue
1
pages
117 - 141
publisher
Brill Academic Publishers
ISSN
0902-7351
DOI
10.1163/15718107-bja10003
language
English
LU publication?
yes
id
bf20d4fc-933e-42ce-b260-6564ac198490
date added to LUP
2020-10-05 12:00:25
date last changed
2020-10-06 08:12:15
@article{bf20d4fc-933e-42ce-b260-6564ac198490,
  abstract     = {The article examines the relationship between third-party countermeasures and the Security Council’s powers to adopt measures under Chapter vii of the United Nations Charter in response to breaches of obligations erga omnes. It is shown that the resort to third-party countermeasures is neither precluded nor subject to limitations as a result of the relationship to the Security Council’s Chapter vii powers, even when both types of measures are adopted concurrently. Moreover, the fears that third-party countermeasures would interfere with or undermine the effective application of Security Council measures do not appear to have materialised in practice.},
  author       = {Bills, Amanda},
  issn         = {0902-7351},
  language     = {eng},
  month        = {03},
  number       = {1},
  pages        = {117--141},
  publisher    = {Brill Academic Publishers},
  series       = {Nordic Journal of International Law},
  title        = {The Relationship between Third-party Countermeasures and the Security Council’s Chapter vii Powers: Enforcing Obligations erga omnes in International Law},
  url          = {http://dx.doi.org/10.1163/15718107-bja10003},
  doi          = {10.1163/15718107-bja10003},
  volume       = {89},
  year         = {2020},
}