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The "powers of appreciation": who is the ultimate guardian of UN legality?

Article Abstract:

The International Court of Justice's (ICJ) decision in Libya v United States parallels the US Supreme Court's decision in Marbury v Madison regarding the power of a court to review actions taken by other governmental bodies. The ICJ ruled that both Libya and the US were bound to abide by the UN Security Council's resolution. This decision upheld the Security Council's power to sanction, but also defined the court's power to review the powers of other UN bodies under the UN Charter, as Marbury defined the powers of the US Supreme Court.

Author: Franck, Thomas M.
Publisher: American Society of International Law
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1992
Interpretation and construction, Powers and duties, International law, Judicial review, International Court of Justice (The Hague, Netherlands), United Nations. Security Council

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Is personal freedom a Western value?

Article Abstract:

The focus on personal freedom has largely been associated with the West but has appeared in Third World countries as well as a byproduct of economic, education, and communication improvements. Therefore, rather than Western civilization imposing its views on other countries, personal freedom is a consequence of the universality of the free market economy with its basis in the political rather than cultural systems.

Author: Franck, Thomas M.
Publisher: American Society of International Law
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1997
Social aspects, Economic aspects, Economic development, Human rights, Individuation (Psychology), Individuation, international

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The emerging right to democratic governance

Article Abstract:

Governments which seek validation by the international community are realizing they must govern democratically. Democracy is evolving into a global entitlement, involving the concepts of self-determination, free expression, and a participatory government. How far the international community can go in ensuring global democratic entitlement without interfering in a state's domestic affairs has yet to be resolved.

Author: Franck, Thomas M.
Publisher: American Society of International Law
Publication Name: American Journal of International Law
Subject: Law
ISSN: 0002-9300
Year: 1992
Analysis, Democracy, Self-determination, National, National self determination, International relations

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Subjects list: International aspects
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