What is public international law

Contributions to foreign public law and international law

Publications of the Max Planck Institute for Comparative Public Law and International Law


Volume 225:

Clemens A. Feinäugle

The Exercise of Public Authority in International Law

The UN's 1267 sanctions regime and its legal version


Summary (PDF, 266.0 KB (full text)


Content:
Part I. The 1267 sanction regime as an example of the exercise of sovereign power at the level of international law: The public law research approach: A. Introduction: subject of research and course of investigation. - B. Functioning and individual effect of the 1267 sanction regime. - C. The exercise of sovereignty at the level of international law: a phenomenon and its legal form.
Part II. The UN Security Council's commitment to human rights and the rule of law: D. Commitment of the UN Security Council to human rights - previous approaches. - E. New approach for binding the UN Security Council to human rights and the rule of law: loyalty to the UN as a principle for the exercise of sovereignty at the level of international law.
Part III. The 1267 sanction regime: actual and target state according to the established human rights and rule of law standards: F. UN resolution 1267 and its subsequent resolutions: the legal basis and the rule of law development of the sanctions regime up to the current state of affairs. - G. The target state of the 1267 sanctions regime according to the requirements of the Council of Europe on the rule of law and the protection of human rights.
Part IV. National and regional judicial protection against the 1267 regime: Status quo the jurisprudence and avoidance of conflicts between the (potentially) involved courts: H. Previous national and regional case law on the 1267 sanction regime. - J. Principles for judicial protection in the multi-level system of the 1267 sanction regime. - K. Results.
Summary

The subject of the thesis is the legal version of the exercise of sovereign power at international law level. Internationalization is increasingly leading to the setting of norms at the level of international law, which can directly or indirectly affect individuals. In order to gain the necessary acceptance, such sovereignty must be sufficiently legitimized. With the help of a public law approach, the principle of loyalty to the UN is derived using the example of the 1267 sanctions regime of the United Nations, from which the UN Security Council is bound to human rights and the rule of law.

2011. XXVI, 418 pp.
ISBN 978-3-642-20470-8
Springer-Verlag, Berlin / Heidelberg