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States of Exception when the United Nations Acts as a Territorial Administrator

Charles F. Szymanski
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Charles F. Szymanski: Vytautas Magnus University Lithuania; Michigan State University USA

Annals - Juridical Science Series, 2011, vol. 1, 17-44

Abstract: International law restricts a state’s use of a state of emergency to deprive its population of certain basic human rights. This article explores the application of these restrictions to a non-state actor -the United Nations - when it assumes the same functions of a state while administering territory pursuant to a mission authorized by the Security Council. The author proposes that they should be made applicable, by the eventual accession of the UN to the International Convention on Civil and Political Rights, and more immediately by the agreement of the UN to abide by the norms set forth in that Convention

Keywords: States of exception; states of emergency; international territorial administration; human rights (search for similar items in EconPapers)
JEL-codes: K33 (search for similar items in EconPapers)
Date: 2011
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Handle: RePEc:cbu:jrnlju:y:2011:v:1:p:17-44