List of Articles نظارت قضایی

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  1 - Necessity and Possibility of Judicial Supervision over Security Council’s Performance in UN Legal System
  حسین شریفی طرازکوهی ساسان  مدرس سبزواری
  The issue of judicial supervision over the Security Council has two different, but interrelated aspects. First of all, the “necessity” of such supervision should be discussed. The present article assumes that the Security Council should be committed to the principles of More

  The issue of judicial supervision over the Security Council has two different, but interrelated aspects. First of all, the “necessity” of such supervision should be discussed. The present article assumes that the Security Council should be committed to the principles of international law, the goals of the United Nations, sovereign rights of member states, fundamental human rights guarantees, as well as the basic structure for the division of powers among various organs of the UN. Then it studies the Security Council’s procedure to show that this institution has been frequently found in violation of the aforesaid legal bounds. Security Council’s inattention to the limits of its powers can cast doubts on credibility of the entire UN system. It has been also shown that the “necessity” of judicial supervision can be proven on the basis of the requirements of the “rule of law.” Another aspect of this issue is the “possibility” of judicial supervision in view of the current state of international law. The present paper has shown that although the Charter of the United Nations has remained silent on this issue, it can be confirmed if final goals of this document are taken as basis for its interpretation. Manuscript profile
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  2 - The Legitimacy of State’s Evaluation in Implementation of United Nations Security Council
  Malihe  Behfar Hassan   Savari
  In UNs history, the Legality of Security Council Resolutions, in many cases, is challenged. Generally these challenges take by states that affected Security Councils decisions. With notice that states are the representative for implementation of SCR's, they intervene th More

  In UNs history, the Legality of Security Council Resolutions, in many cases, is challenged. Generally these challenges take by states that affected Security Councils decisions. With notice that states are the representative for implementation of SCR's, they intervene their determination and interpretation in the way that implement SC decisions. In some cases domestic and regional courts evaluate the state's action in implementation SCRs. Although these cases couldn’t provide direct review on Resolutions but affected in the way of implementation. Evaluation by states is probable and arises some concerns about decrease effectiveness of SC in maintenance of international peace and security Manuscript profile
• Open Access Article
  • Abstract Page
  • Full-Text
  
  3 - The Legitimacy of State’s Evaluation in Implementation of United Nations Security Council
  Malihe  Behfar Hassan   Savari
  In UNs history, the Legality of Security Council Resolutions, in many cases, is challenged. Generally these challenges take by states that affected Security Councils decisions. With notice that states are the representative for implementation of SCR's, they intervene th More

  In UNs history, the Legality of Security Council Resolutions, in many cases, is challenged. Generally these challenges take by states that affected Security Councils decisions. With notice that states are the representative for implementation of SCR's, they intervene their determination and interpretation in the way that implement SC decisions. In some cases domestic and regional courts evaluate the state's action in implementation SCRs. Although these cases couldn’t provide direct review on Resolutions but affected in the way of implementation. Evaluation by states is probable and arises some concerns about decrease effectiveness of SC in maintenance of international peace and security. Manuscript profile