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International Law on the Maintenance of Peace

Jus Contra Bellum

Robert Kolb

This book offers a comprehensive study into the use of force and the maintenance of peace in international relations. Whilst rooted in public international law, it also approaches the question from different angles, including its historical evolution and its sociological environment. The competences and practice of the UN and of regional organizations in the maintenance of peace are examined before the focus is shifted to the inter-State level, the main non-use of force rule and its claimed or recognized exceptions. Robert Kolb analyzes each of these rules separately, before concluding with insightful reflections on the current state-of-play and considerations for the future of this branch of the law.
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Chapter 7: The exercise of parallel competences by the Security Council and the International Court of Justice

Robert Kolb

Extract

This chapter examines the parallel competences of the Security Council and the International Court of Justice. It begins by defining the relationships between the Security Council and the General Assembly and between the Security Council and the Court, before going on to explore a number of issues, for example: the forum perpetuum principle; whether the Security Council can prohibit a State from seising the Court or give the Court automatic jurisdiction; and the principle of mutual respect between UN organs.

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