In search of the rule of law : judicial review in the United Nations system

• Main Author: Baydas, Lana
• Published: University of Glasgow 2001
• Subjects: 340; KZ Law of Nations
• Online Access: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.395087

The New World Order revives interest in the relationship between law and politics in international relations. This relation has always been discussed. But, with the considerable activism displayed by the Security Council over the last years and its dynamic and selective application of its powers under Chapter VII of the Charter, this relation has taken on a new dimension viewed from the perspective of the United Nations. Such a dimension underlines a "constitutional" approach to the United Nations framework: a quest for judicial review with the International Court of Justice as the ultimate guardian of the United Nations. The analysis of judicial review has generally been discussed in the light of the experience of municipal constitutional courts, specifically, of the United States Supreme Court. This constitutional approach should be viewed with caution. The peculiarities of the international system and of the United Nations system determine both a different scope and context for judicial review.