Introduction
Foreword by Judge Rosalyn Higgins D.B.E., Q.C:
1: The General Legal Framework Governing the Process of a
Delegation by the UN Security Council of its Chapter VII Powers
I. The Nature of the Process of a Delegation of Chapter VII
Powers
II. The General Competence of the Security Council to Delegate its
Chapter VII Powers
III. Limitations on the General Competence of the Security Council
to Delegate its Chapter VII Powers
IV. The ICJ and the Justiciability of a Delegation of Chapter VII
Powers
2: The Delegation of Powers to the UN Secretary-General
I. The Competence of the Council to Delegate Chapter VII Powers to
the Secretary-General
II. The Legal Framework Governing the Exercise of Delegated Chapter
VII Powers by the Secretary-General
III. The Practice of the Secretary-General in Exercising Delegated
Chapter VII Powers
3: The Delegation of Powers to UN Subsidiary Organs
I. UN Subsidiary Organs: Issues of Definition
II. The Authority of UN Principal Organs to Establish Subsidiary
Organs: the Competence of the Council to Delegate Chapter VII
Powers to Subsidiary Organs
III. Preconditions for the Lawful Establishment of UN Subsidiary
Organs
4: The Legal Framework Governing the Delegation of Powers to UN
Member States
I. The Competence of the Council to Delegate Chapter VII Powers to
UN member States
II. Limitations on the Competence of the Council to Delegate
Chapter VII Powers to Member States
III. Responsibility for the Acts of A Force Carrying Out UN
Authorised Military Enforcement Action
5: The Delegation of Powers to UN Member States
I. A Delegation of Powers to Counter a Use of Force by a State or
Entities Within a State
II. A Delegation of Powers to Carry Out a Naval Interdiction
III. A Delegation of Powers to Achieve Humanitarian Objectives
IV. A Delegation of Powers to Enforce a Council Declared No-Fly
Zone: The Case of Iraq
V. A Delegation of Powers to Ensure Implementation by Parties of an
Agreement which The Council Has Deemed is Necessary for the
Maintainance or Restoration of Peace
6: The Delegation of Powers to Regional Arrangements
I. The Competence of the Council to Delegate Chapter VII Powers to
Regional Arrangements
II. The Delegation of Powers to NATO
III. The Policy of Delegating Chapter VII Powers to Regional
Arrangements
7: Concluding Remarks
Bibliography
Index
Winner of the 1999 Paul Guggenheim Prize and the 2001 Certificate of Merit of the American Society of International Law
Dan Sarooshi is Senior Lecturer in Public international law at University College London
`contains a thorough and meticulous analysis of the legal
implications of the doctrine of delegation when applied in the
field of collective security ... this book is a valuable
contribution to the literature on the UN collective security
system'
Journal of Conflict and Security Law 6:1, 2001
`The strength of the study lies in the thoroughness of analysis
demonstrated throughout the work. ...an impressively constructed
piece of scholarly research. ...a practitioner's guide foe both
academics and diplomats on the subject of Chapter VII delegations
of a power. With sweeping efficiency, Sarooshi makes sense out of a
previously nebulous corpus of Security Council practice, in the
process creating a comprehensive benchmark for the comparison of
all
future Chapter VII delegations.'
Alexander Borisoff, Journal of International Law and Politics.
`The strength of the study lies in the thoroughness of analysis
demonstrated throughout the work.....an impressively constructed
piece of scholarly research.....a practitioner's guide for both
academics and diplomats on the subject of Chapter VII delegationsof
power. With sweeping efficiency, Sarooshi makes sense out of a
previously nebulous corpus of Security Council practice, in the
process creating a comprehensive benchmark for the comparison of
all
future Chapter VII delegations.'
Alexander Borisoff, Jnl. Intl. Law & Politics Vol. 32:1175
(2000)
`The attraction to the author's method is its simplicity, and it is
a simplicity that belies an ability to resolve even the most
complex issues. Once the theoretical structure is erected, Sarooshi
can turn to analyze actual situations armed with an analytical tool
of the first rate. Sarooshi's trenchant work, besides providing an
invaluable analytical tool, is a remarkable compilation of UN
practice and an immensely helpful legal resource.'
Harvard International Law Journal, 2000
`the examination is impressive. there can be no doubt that this
study constitutes an invaluable addition to the body of knowledge
in this constantly evolving area.'
The British Year Book of International Law, 1999
`impressive study The book stands out from others for its
imaginativeness and thoughtfulness, and the mastery of a vast and
complex practice of the Security Council over more than 50 years.
Danesh Sarooshi develops indeed no less than a 'theory of
legitimate delegation.'
European Journal of International Law, 2000
`Dr Sarooshi has provided an elaborate analytical tool to examine
Security Council practice and applied it sharply and perceptively.
it is an exercise well-worth attempting and carried out in a most
accomplished way.'
International and Comparative Law Quarterly, 1999
`The United Nations and The Development of Collective Security is a
timely, scholarly and original contribution to the ever increasing
volume of post cold war literature om the United Nations and
collective security... Dr. Sarooshi's approach to collective
security is based on an impeccable analysis of the law of
international institutions... It is impossible in so short a space
to do justice to the depth of Sarooshi's analysis... The United
nations and the
The Development of Collective Security... posits a clear and
convincing framework by which to assess the legality of Security
Council practice. As a result, what at first glance appears to be
disparate
and confusing Security Council practice, is subjected to rigorous
and clear legal analysis.'
Emily Haslam, Cambrian Law Review, Vol.30 1999
`The high degree of conceptual clarity in a work that deals with
the most complex aspects of the maintainance of international peace
and security is the key to the book's success.'
P.A. Eden, University of Sussex
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