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Collective Security$
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Alexander Orakhelashvili

Print publication date: 2011

Print ISBN-13: 9780199579846

Published to Oxford Scholarship Online: May 2011

DOI: 10.1093/acprof:oso/9780199579846.001.0001

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Legal Consequences of Illegal Collective Security Acts and Decisions

Legal Consequences of Illegal Collective Security Acts and Decisions

(p.336) 8 Legal Consequences of Illegal Collective Security Acts and Decisions
Collective Security

Alexander Orakhelashvili (Contributor Webpage)

Oxford University Press

This chapter examines the problems arising out of illegal decisions of collective security institutions, either as a matter of excess of delegated powers (ultra vires), or direct commission of internationally wrongful acts. After examining the grounds on which institutional decisions, notably those by the Security Council, can be declared as ultra vires and void, Chapter 8 proceeds to address legal consequences, such as refusal by member states to obey and carry out institutional decisions, the impact of regional attitudes in this process, and judicial review of illegal institutional decisions. The analysis of judicial review focuses on several tribunals and stages of proceedings such as interim and jurisdictional. After this, the chapter examines the responsibility of collective security institutions and its relationship to the responsibility of member states. The principal focus is on the 2009 ILC Articles on the Responsibility of International Organizations, which is then examined in context with judicial decisions and on the basis of such fundamental concepts as attribution and effective control.

Keywords:   Security Council, regional attitudes, judicial review, delegated powers, attribution, effective control

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