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5 - The Security Council and Measures Not Involving the Use of Force

Published online by Cambridge University Press:  02 June 2022

Michael Wood  and
Eran Sthoeger
Michael Wood
Affiliation:
Twenty Essex Chambers, London
Eran Sthoeger
Affiliation:
International Law, New York
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Summary

This chapter considers some legal issues that arise when analyzing some of the main provisions of Chapter VII. It first considers the binding nature of provisional measures under Article 40, whether a determination under Article 39 is a prerequisite for such a determination, and the temporary nature of provisional measures and their timing. Then it considers the legal framework of measures not involving the use of force under Article 41 and possible limitations on their scope and nature.

Keywords

Article 39Article 40Article 41Chapter VIIsanctionsmeasures not involving the use of forceArticle 103supremacy of UN Charter obligationsKadi case
Type
Chapter
Information
The UN Security Council and International Law , pp. 90 - 115
Publisher: Cambridge University Press
Print publication year: 2022

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