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Emergency Powers of International OrganizationsBetween Normalization and Containment$
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Christian Kreuder-Sonnen

Print publication date: 2019

Print ISBN-13: 9780198832935

Published to Oxford Scholarship Online: January 2020

DOI: 10.1093/oso/9780198832935.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2022. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use.date: 26 January 2022

Emergency Powers of the UN Security Council

Emergency Powers of the UN Security Council

Law Making and Law Breaking in Counter-terrorism

Chapter:
(p.81) 4 Emergency Powers of the UN Security Council
Source:
Emergency Powers of International Organizations
Author(s):

Christian Kreuder-Sonnen

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198832935.003.0004

Chapter 4 applies the proportionality model to two cases of IO exceptionalism at the United Nations (UN) Security Council. First, it explains the normalization of the Council’s self-asserted emergency power to act as a global legislator. After 9/11, the Council, for the first time, decreed abstract, general, and indefinite rules to the entire international community. Despite opposition in the aftermath, it was capable to arrogate a permanent de facto legislative competence by credibly justifying the measures as necessary. Second, the chapter accounts for the constitutional containment of the Council’s regime of targeted sanctions against terror suspects. Through Resolution 1390 (2002), the UN Security Council implemented the so-called “terror lists” financially sanctioning all listed individuals without providing for a legal remedy. Against the preferences of the most powerful states, a coalition of societal actors and courts successfully induced procedural improvements by delegitimizing the measures as excessive.

Keywords:   counter-terrorism, emergency powers, legislation, normalization, rollback, Security Council, targeted sanctions, terror lists

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