On the Legal Force of Security Council Resolution

• Main Authors: Yang, Jimmy T.L., 楊天立
• Other Authors: Chen, Chun I
• Format: Others
• Language: zh-TW
• Online Access: http://ndltd.ncl.edu.tw/handle/95992080879089370379

碩士 === 國立政治大學 === 外交研究所 === 100 === Several prominent cases and resolutions elicit hot debates on the characters of Security Council resolution in academia. These include ICJ in seperate opinion of Lauterpacht on Bosnia Genoocide case, ICTY in Tadic case, ECJ in Kadi case, and Security Council resolution 1373 and 1540. The thesis provides a general framework to discuss the relevent issues in those cases and resolutions. It argues that legal force of Security Council resolution and legislative role of Security Council can be defined in a more refined way. Its investigation went byond the above cases and resolutions, trying to catch the general implications of the trend of expansion of Security Council's power since the end of the Cold War, by indicating the potential of the resolutions as one of the sources of international law.